tag:blogger.com,1999:blog-12505562.post4718863269120392522..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Neil Netanel’s Copyright’s ParadoxWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-12505562.post-31829242922057920912008-04-01T22:58:00.000-04:002008-04-01T22:58:00.000-04:00Missouri v. Holland was a statement as much about ...<I>Missouri v. Holland</I> was a statement as much about the de facto nullity of the 10th Amendment as it was about the notion that treaties could be supreme over the U.S. Constitution. Treaties can supercede state law, but generally not the U.S. Constitution (although the constitution and the treaty would be interpreted in a manner to avoid a conflict if possible).<BR/><BR/>SCOTUS has also held for a very long time (probably contrary to original intent) that any duly ratified treaty may be abrogated by any duly adopted domestic statute.<BR/><BR/>Similarly, as recently as 2008, SCOTUS has sustained a dubious presumption against treaties being self-executing and against them being enforceable through the courts.<BR/><BR/>It is clear (to me at least) that even a treaty enabling statute may not be unconstitutional.Andrew Oh-Willekehttps://www.blogger.com/profile/02537151821869153861noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-7617261464721804452008-03-31T10:59:00.000-04:002008-03-31T10:59:00.000-04:00Sounds like a very interesting book; I just ordere...Sounds like a very interesting book; I just ordered a copy.<BR/><BR/>What are your thoughts on the following twist: <BR/><BR/>The US is party to numerous international treaties affecting copyright (Berne, TRIPS, etc.). To what extent do these ratified, statutorily-enabled treaties supercede any arguable First Amendment defense? Cf. Missouri v. Holland.<BR/><BR/>LKB in HoustonAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-24300008098241362022008-03-30T22:58:00.000-04:002008-03-30T22:58:00.000-04:00Right after college and before starting law school...Right after college and before starting law school, I worked as a low-paid campaign staffer for Alan Cranston during his brief run for the 1984 Democratic presidential nomination. The tale of his effort to bring Hitler's writings to a wider audience featured prominently in his campaign biography. This was partly because of its rhetorical appeal, of course, but partly because the Senator, for all of his years of service in various public offices, was enormously proud of his work.Mike Madisonhttps://www.blogger.com/profile/02804134848037086951noreply@blogger.com