US states and sovereignty- L'annee Philgique

["Andrew Evans" <aevans@lib.ksu.edu>]

In the next message, to be sent by the moderator, you will find a copy for
informational purposes.  Do other states have something similar?

Best Regards,

Andrew Evans
Electronic Licensing Coordinator
Kansas State University Libraries
137 Hale Library
Kansas State University
Manhattan, KS 66506-1200
(785) 532-7492
aevans@ksu.edu

>>> Carolyn_Kacena@tamu-commerce.edu 05/08/02 04:51PM >>>
Comment from our former university lawyer...

I don't know the answer. I was always told that as a state institution,
our university could sign no contract that subjected us to the
jurisdiction of any entity other than the State of Texas (excepting
federal law of course). Among university attorneys this was "black letter
law." I never actully looked up the provision. It is probably in the our
constitution, and heaven help the person who is looking for something
there. We modified a lot of contracts because of this requirement.  Let me
know if I can be of further assistance.  Charles Turner

Carolyn Kacena, Director                (903)886-5716
Gee Library                             (903)886-5723 (fax)
Texas A&M University-Commerce
P.O. Box 3011                           Carolyn_Kacena@tamu-commerce.edu
Commerce, TX  75429-3011

_________________

>From: Kent Mulliner <mulliner@ohio.edu>
>To: liblicense-l@lists.yale.edu
>Subject: Help!  Re: L'annee Philogique
>Date: Thu,  2 May 2002 17:40:06 EDT
>
>Since I've noticed nothing further on this on the list, I seek some help
>with a request.  A colleague here is a contributor to L'annee and I'd
>asked her assistance in trying to deal with the license issues. She has
>now forwarded a message from her contact in France asking for a copy of
>the statute the prevents us (as a state institution) from accepting the
>jurisdiction of French laws and courts.  I've asked our legal office about
>this, but--even if I could provide such for Ohio-- it would be necessary
>for every other state.
>
>So this is to seek advice on some authoritative discussion of the
>sovereignty and jurisdiction issues in licenses as affecting libraries.
>I'd like to package Trish Davis and send her as the response, but perhaps
>the rest of you have a less cumbersome and more acceptable approach. My
>colleague does advise that the person from Paris trying to deal with this
>issue is coming to the US in a week to get married.  My colleagues
>impression is that he would like to clear up this issue before he comes.
>So there is some urgency in this request.
>
>K. Mulliner       Collection Development Coordinator
>Ohio University Libraries               Phone: 740-593-2707
>Athens, OH 45701-2978, USA       FAX:    740-593-2708
>mulliner@ohio.edu