Sign In

Judicial Advocacy 2012

Beer v. U.S., Fed. Cir., No. 2010-5012, amicus brief filed 4/16/2012.

AIPLA, in an April 16, 2012 amicus brief filed jointly with other bar associations, argued in support of the petition for rehearing en banc in a suit over the constitutionality of abrogating cost-of-living salary increases for federal judges. The brief argues that the Ethics Reform Act of 1989 provides federal judges with a vested right to future pay that may not be reduced without violating the "Compensation Clause" of the Constitution (Article III, Section 1).

Kirtsaeng v. John Wiley and Sons, Inc. U.S., No. 11-697, amicus brief supporting cert. petition filed 1/6/2012.

AIPLA, in a January 6, 2012 amicus brief, argued to the Supreme Court that it should review the Second Circuit's holding that the first sale defense under the Copyright Act does not apply to works made abroad. The brief argues that the Supreme Court's previous 4-4 split on this issue has resulted in conflicting interpretations in three circuit courts. Certainty in the applicability of the first sale defense is needed to help copyright owners and users prevent costly litigation.