Digital Commons Network^™

Now Is The Winter Of Ginsburg’S Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne

The Tennessee Journal of Law & Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. National Resource Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction to issue.[1] A movant seeking a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant’s favor; and that …

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

The Tennessee Journal of Law & Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the “worst of the bad”? To answer these questions, we surveyed all of Tennessee’s first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee’s scheme was designed in response to the U.S. Supreme Court’s decision in Furman v. Georgia, which held that a capital punishment system …

The End Of Exclusivity: Towards A Compensatory (Patent) Commons, Shamnad Basheer Mr

IDEA: The Intellectual Property Law Review (Franklin Pierce Law Center)

Abstract:

In a seminal piece penned over four decades ago, Calabresi and Melamed theorised a legal remedies framework that contrasted “property rules” with “liability” rules.

Given the various woes associated with patent exclusivities, I draw on this influential “remedies” framework to suggest that we are on the cusp of a paradigm shift, where property rules are yielding to liability rules in a significant way.

Some of the factors contributing to this paradigm shift are as below:

1. An increasing fragmentation of the innovation ecosystem, where the inventor, the innovator and the marketer/distributor of the innovative products/services are often distinct entities, who …

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context: Hively V. Ivy Tech Cmty. Coll., 853 F.3d 339 (7th Cir. 2017), Tyler Corcoran

The Tennessee Journal of Law & Policy

No abstract provided.

Troubled Water: Building A Bridge To Clean Energy Through Small Hydropower Regulatory Reform, Samuel J. Panarella, Jody Lowenstein

UCLA Journal of Environmental Law & Policy

It is beyond credible dispute that the planet is heating up at an alarming rate and that the ecological effects of global warming pose real questions about the continued viability of human and non-human life on earth in the not-too-distant future. A primary cause of global warming is the burning of carbon-based fuels, mainly coal, natural gas, and oil, to generate electricity and for other purposes. Clearly, more must be done, and done soon, to stave off the worst impacts of global warming.

Drastically reducing global carbon emissions features prominently in any serious proposal to combat global warming. However, given …

Aging In Harmony: Creating Culturally Appropriate Systems Of Health Care For Aging American Indian/Alaska Natives, Mehgan Gallagher, Bette Jacobs, Nicole Heydt

Journal of Gender, Race & Justice

Aging is inevitable—it happens to all of us—but it is not a homogeneous experience. Aging people are among the most vulnerable populations in the world, and thus deserve our care and compassion. This is particularly true of aging American Indian and Alaska Natives (AI/ANs), who face unique barriers to accessing health care due to geographic constraints, language and cultural barriers, and a lack of infrastructure and resource support. This article examines the availability, accessibility, and acceptability of health care services for aging AI/ANs, with a focus on culturally appropriate care and the role of community health representatives in communities with …

Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella

Oil and Gas, Natural Resources, and Energy Journal (University of Oklahoma College of Law)

No abstract provided.

Tribal Sovereign Authority And Self-Regulation Of Health Care Services: The Legal Framework And The Swinomish Tribe’S Dental Health Program, Geoffrey D. Strommer

Journal of Health Care Law & Policy (University of Maryland)

Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people, and have begun instead to develop and operate complex tribal health care delivery systems that offer the highest level of health care possible. Health care has historically been considered, and remains today, a core component of the federal trust responsibility to Indians. However, that trust responsibility is increasingly being carried out through the transfer …

Risk-Filled Risk Aversion: The Troubling Nature Of Third Party Litigation Financing Arrangements In The Context Of Aggregate Claims, Houston A. Bragg

Lincoln Memorial University Law Review

The pursuit of justice, with infrequent exception, requires financial stability and sometimes even wealth. The cost of litigation has become so burdensome over the years that a system of third party litigation finance, also known as “litigation lending,” has developed in the background of the U.S. justice system. On its face, third party litigation financing shifts risk from risk-averse individual plaintiffs to well-insulated investors, promoting a more even-handed adversarial system. The practical success of litigation lending in the individual context has led to an outgrowth of rhetoric concerning, and even attempts at applying, litigation lending to aggregate claims. From court …