Who, What, and Where: A Case for a Multifactor Balancing Test as a Solution to Abuse of Nationwide Injunctions

There has been a significant increase in the use of a controversial, dramatic remedy known as the nationwide injunction. This development is worrisome because it risks substantial harm to the judiciary by encouraging forum shopping, freezing the “percolation” of legal issues among the circuits, and undermining the comity between the federal courts. But a complete ban on nationwide injunctions is both impractical and undesirable. This Note proposes a solution to limit the abuse of nationwide injunctions without banning them outright. When fashioning remedies, courts should simplify the sheer number of relevant factors by focusing on three main meta-factors, or categories, that should be used as a balancing test: the identity of the parties before the court, the nature of the claim being litigated, and the effect the remedy would have on the courts where the claim is being litigated—“who,” “what,” and “where,” respectively. The balancing of these three meta-factors will enable district courts to weigh more clearly whether nationwide injunctions are proper and will also give appellate courts a framework for reviewing whether district courts have abused their discretion by issuing this type of relief

Farm Income, Population, and Farmland Prices: A Relative Information Approach

This paper uses an entropy-based information approach to determine if farmland values are more closely associated with urban pressure or farm income. The basic question is: how much information on changes in farm real estate values is contained in changes in population versus changes in returns to production agriculture? Results suggest population is informative, but changes in farmland values are more strongly associated with changes in the distribution of returns. However, this relationship is not true for every region nor does it hold over time, as for some regions changes in population are more informative. Results have policy implications for both equity and efficiency.entropy; land values; information theory; population growth.

In Space, Security Can No Longer be Based on Trust: Secure & Trusted Space Orchestration

The biggest threat to US space capability is not foreign adversaries–it is a potential attack on the networks that keep us connected. Unfortunately, many satellites were designed in an era when cyber threats were not such a concern. The Pentagon\u27s traditional method of defining program-specific requirements, redirecting budgets, and embarking on a five-year development trek is slowly catching up but SpiderOak\u27s OrbitSecure can accelerate this by meeting urgent mission needs for new capabilities as well as retrofitting existing systems which SpiderOak recently proved on-orbit

Transformative Variations: The Uses and Abuses of the Transformative Use Doctrine in Right of Publicity Law

In 2001, the California Supreme Court embarked upon a novel experiment in its right of publicity jurisprudence. The court imported a single element from copyright\u27s fair use analysis. That element—transformative use—has since become an enormously important defense for publicity defendants. Unfortunately, the transformative use doctrine is notoriously protean, and has resulted in significant confusion in publicity law that almost certainly chills protected speech. Many courts seem to lack a clear idea of what a sophisticated transformative use analysis should even look like. This article unpacks these issues and proposes improvements to this difficult legal area