Latest Case: B.S.S. v. K.S. (Family Law)

Supreme Court Gives States the Green Light to Infringe Copyrights

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a recent decision in which the U.S. Supreme Court held that Congress lacked constitutional authority to enact the Copyright Remedy Clarification Act of 1990, which gives individuals the right to sue a state for damages for copyright infringement. Dorf describes the complexity of the Court’s sovereign immunity doctrine and points out the Court’s peculiar failure to simply invalidate a portion of the statute while severing and preserving the valid portions and/or applications of it—which the Court has done in some other cases.

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B.S.S. v. K.S.

Docket: 2019-SC-000019-DE

Opinion Date: March 26, 2020

Judge: Lambert

Areas of Law: Family Law

The Supreme Court reversed the decision of the court of appeals ruling that the family court abused its discretion by granting Father visitation with his child, holding that substantial evidence supported the family court's findings of fact. In a dissolution of marriage action, the family court granted Mother temporary sole custody of the parties' child. Father later filed a motion to modify the established custody order, arguing that it would be in the child's best interest to have visitation with him. The family court judge granted Father's motion to gradually establish visitation. Mother moved the family court to alter, amend, or vacate its order. The family court denied the motion. The court of appeals reversed. The Supreme Court reversed, holding that the family court did not abuse its discretion by finding that an incremental visitation and reunification plan between Father and the child was in the child's best interest.