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Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith
Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith
All Faculty Scholarship
This book review argues for reorienting how we think about federalism in relation to foreign affairs. In considering state and local engagement in foreign affairs, legal scholars often focus on the opportunities and limits provided by constitutional law. Foreign Affairs Federalism: The Myth of National Exclusivity by Michael Glennon and Robert Sloane does precisely this in a thoughtful and well-crafted way. But while the backdrop constitutional principles studied by Glennon and Sloane are important, so too are other types of law that receive far less attention. International law, administrative law, particular statutory schemes, and state law can all affect how …
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Scholarly Works
The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.
The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …