ASSOCIATION OF AMERICAN MEDICAL COLLEGES, Plaintiff-Appellee, Cross-Appellant,
v.
Mario CUOMO, Ind., and as Governor of the State of New York; Theodore M. Black, Ind., and as Chancellor, Board of Regents of the University of the State of New York; Willard A. Genrich, Ind., and as Vice Chancellor, Board of Regents of the University of the State of New York; Kenneth B. Clark, Harold E. Newcomb, Emlyn I. Griffith, Mary Alice Kendall, Jorge L. Batista, Louis E. Yavner, Laura Bradley Chodos, Martin C. Barell, Joseph R. Bongiorno, Louise P. Matteoni, J. Edward Meyer, Arlene B. Reed-Delaney, R. Carlos Carballada, Ind., and as Members of the Board of Regents of the University of the State of New York, Gordon M. Ambach, Ind., and as Commissioner of Education, the University of the State of New York, and Robert Abrams, Ind., and as Attorney General, Defendants-Appellants, Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 26, 1990.
Decided March 12, 1991.
Attorney(s) appearing for the Case
Robert A. Burgoyne, Washington, D.C. (Carl W. Vogt, Fulbright & Jaworski, Washington, D.C.; Joseph A. Keyes, Jr., Ass'n of American Medical Colleges, Washington, D.C.; Carroll J. Mealey, Christopher Massaroni, DeGraff, Foy, Conway, Holt-Harris & Mealey, Albany, N.Y., of counsel), for plaintiff-appellee, cross-appellant.
Daniel Smirlock, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of New York, O. Peter Sherwood, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y., of counsel), for defendants-appellants, cross-appellees.
Bruce P. Keller, New York City (Lorin L. Reisner, Debevoise & Plimpton, New York City, Alan B. Morrison, David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., of counsel), for amici curiae National Center for Fair & Open Testing, Public Citizen Litigation Group, Center for Women Policy Studies, Arthur O. Eve, Fund for the Feminist Majority, Golden Rule Ins. Co., Mexican American Legal Defense and Educ. Fund, National Educ. Ass'n, National Women's Law Center, New York Public Interest Research Group, and NOW Legal Defense and Educ. Fund.
David M. White, Berkeley, Cal., for amici curiae Testing for the Public, Puerto Rican Legal Defense and Educ. Fund, U.S. Students Ass'n, and Equality in Testing Project.
Edward W. Keane, New York City (Henry Christensen III, David G. Feher, Sullivan & Cromwell, New York City, of counsel), for amicus curiae College Entrance Examination Bd.
Before ALTIMARI and MAHONEY, Circuit Judges, and DALY, District Judge.
United States Court of Appeals, Second Circuit.
ALTIMARI, Circuit Judge:
The central question presented by this appeal is whether the district court erred in holding that the disclosure requirements of New York's Standardized Testing Act, N.Y.Educ.L. § 340 et seq. (McKinney 1988) ("STA"), are pre-empted by the federal Copyright Act of 1976, 17 U.S.C. § 101 et seq. (1988) ("Copyright Act"). Defendants-appellants, cross-appellees Mario Cuomo et al. (the "State") appeal from a judgment...
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