The Art Law Blog
Friday, October 31, 2014
What the heck is going on in the Ninth Circuit on the resale royalty case?
I'm the first to admit I'm not a commerce clause expert (dormant or otherwise), but it has always seemed to me that the resale royalty case was pretty
simple and straightforward
. That's certainly how it seemed in the recent
on the appeal. Now, however, it seems the Ninth Circuit has ordered an en banc review, on account of "
a potential conflict in circuit precedent on Commerce Clause applicability to state actions
." Nicholas O'Donnell has some thoughts