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Source Constitutional Law Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

Congress enacts a copyright statute that expressly authorizes private damages suits against states for infringement. The statute relies only on Congress's Article I intellectual-property power. A state university is sued for damages in federal court.
Which statement is most accurate?

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The state is not immune because any clear statement by Congress abrogates state immunity. The state is immune only in state court and never in federal court. The state is not immune because Article I always overrides the Eleventh Amendment. The clear statement is not enough if Congress relied only on Article I; valid abrogation generally requires both a clear statement and a valid constitutional source such as properly tailored Fourteenth Amendment Section 5 legislation.

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