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In Madison v

Earth Science

In Madison v. Ducktown:

  • Why did the court refuse to impose an injunction on the smelters? What remedy did the farmer-plaintiffs get from the court?
  • If you were one of the farmers, what would you do after this decision? (Note that this is the Supreme Court of Tennessee, there is no more appeal available.)

Now compare GA v. Tennessee Copper, regarding the same smelters--

  • Why did Georgia succeed in getting an injunction from the U.S. Supreme Court when the plaintiffs in Madison v. Ducktown Sulphur had been refused an injunction by the Tennessee Supreme Court?
  • In a separate opinion, Justice John Marshall Harlan argued that the Court should apply the same standard in nuisance cases brought by public authorities as it would in private nuisance actions. Do you agree or disagree that courts should apply the same standard in deciding nuisance cases regardless of whether the plaintiff is a public entity? Why?

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One point for a complete original response to the prompt, and/or one point for a meaningful response or follow up question to classmates' posts.

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