Chavez v. Arte Publico Press
United States Court of Appeals for the Fifth Circuit
204 F.3d 601 (2000)
Chavez (plaintiff) sued the University of Houston (defendant) for copyright infringement. The university claimed Eleventh Amendment sovereign immunity and argued the federal Copyright Remedy Clarification Act's (CRCA) attempted waiver of that immunity was unconstitutional. The CRCA's legislative history showed Congress was mainly concerned with preventing future, not remedying widespread past, constitutional violations, documented only seven instances of states violating copyright holders' due-process rights, gave only brief consideration to existing state remedies, and applied the same liability standard to intentional and unintentional infringement alike.
Whether a congressional waiver of state sovereign immunity must address existing state constitutional violations, adequately consider existing state remedies, and be narrowly tailored to constitutional objectives in order to be valid.