You can't call it privileged if it can be enjoined, and if the
responsible state employee can be held personally liable.
John Noble
At 3:24 PM -0500 2/14/06, Vance R. Koven wrote:
>Oh, I don't know: what about infringement by a state
>instrumentality, which is infringement but not actionable by virtue
>of the Eleventh Amendment?
>
>On 2/14/06, J. Noble <<mailto:jfnbl[_at_]earthlink.com>jfnbl[_at_]earthlink.com> wrote:
>
>
>We don't have any disagreement on the law or the allocation of the
>burden. My only point was that there is no such thing, conceptually,
>as a privileged infringement.
>
>
>
>
>--
>Vance R. Koven
>Boston, MA USA
><mailto:vrkoven[_at_]world.std.com>vrkoven[_at_]world.std.com
Received on Wed Feb 15 2006 - 21:25:00 GMT
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