11th Amendment (Re: Essay by Rick Anderson)

[Rick Anderson <rick.anderson@utah.edu>]

> if yours is a university press attached to a state institution, 
> the 11th Amendment's provision for immunity allows your press 
> to republish anything published by a private publisher (whether 
> a university press at a private university or any commercial 
> publisher) and pricing it in any way you want without exposing 
> you to a suit for damages for copyright infringement.

Thanks to Sandy for pointing this out.  Of course, the universe 
has provided something of a failsafe to prevent this kind of 
publishing behavior, in the form of Phil Davis -- if any 
state-subsidized UP were to try repackaging and republishing 
another publisher's content, Phil would be all over it before the 
print could dry.  (As he should be.)

Rick Anderson
Assoc. Dir. for Scholarly Resources & Collections
Marriott Library
Univ. of Utah
rick.anderson@utah.edu