Re: NBA v. Motorola

On 2/24/97, Ron Abramson wrote:
>
> While the sports scores in NBA v. Motorola involved subject matter that
> is arguably more complex than a white pages listing, "copyright"
> protection for such sunbject matter would nevertheless have been
> constitutionally suspect. I would think that if Congress isn't empowered
> to provide such protection, then for the same reasons this power was
> withheld from Congress, the States can't do it either.

That's a nice policy argument, but where's the beef? Show me where else in the Constitution it appears that a power denied to the federal government and not expressly denied to the states is denied to the states (other than that gnomic favorite, the ninth amendment)?

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