Sovereign Immunity and the Protection of Intellectual Property: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, Second Session, February 27, 2002
United States, United States. Congress. Senate. Committee on the Judiciary, United States House of Representatives Committee on the Judiciary
U.S. Government Printing Office, 2003 - Government liability - 93 pages
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Page 16 - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Page 36 - In the compound republic of America, the power surrendered by the people, is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other ; at the same time that each will be controlled by itself.
Page 13 - Court. But when a State leaves the sphere that is exclusively its own and enters into activities subject to congressional regulation, it subjects itself to that regulation as fully as if it were -a private person or corporation.
Page 51 - Our decisions have recognized that in some circumstances the financial inducement offered by Congress might be so coercive as to pass the point at which "pressure turns into compulsion.
Page 47 - Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.
Page 37 - States' immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today...
Page 58 - If the act which the state Attorney General seeks to enforce be a violation of the Federal Constitution, the officer in proceeding under such enactment comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct.
Page 80 - Since 1988, the Business Software Alliance has been the voice of the world's leading software developers before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world.