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Reading The Court’S Lips: Reevaluating Nevada’S Supermajority Requirement In The Wake Of Settelmeyer, Samuel Holt

Nevada Law Journal

No abstract provided.

The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure

Scholarly Works

This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was …

Breaking The Cycle: How Nevada Can Effectuate Meaningful Criminal Justice Reform, Scott Cooper, Scott Whitworth

Nevada Law Journal Forum

Why does society punish criminals? This paper examines what Nevada is attempting to accomplish through enacting and enforcing its criminal laws. We examine the current state of, as well as the challenges facing, Nevada’s criminal justice system. Additionally, we identify and propose certain solutions to reduce both recidivism and the financial burden that incarceration imposes on the state by looking to best practices in other states, as well as certain mechanisms and provisions that were, for one reason or another, removed from Nevada Assembly Bill 236.

Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure

Scholarly Works

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.

Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending …

Artificial Intelligence: Distinguishing Between Types & Definitions, Rex Martinez

Nevada Law Journal

No abstract provided.

Expert Commentary On Sports Betting Post-Paspa From Becky Harris, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Becky Harris, appointed by former Nevada Governor Brian Sandoval (2011-2019), served as the first female Chair of the Nevada Gaming Control Board from January 2018 to January 2019. Harris was the first Chair to propose regulations addressing workplace sexual harassment. Prior to serving as Chair, Harris served in the Nevada Legislature for the 2015 and 2017 legislative sessions.

Due Process, Private Nondelegation Doctrine, And The Regulation Of Sports Betting, Ryan M. Rodenberg

UNLV Gaming Law Journal

No abstract provided.

Constructing More Reliable Law And Policy: The Potential Benefits Of The Underused Delphi Method, Juan Bataller-Grau, Elies Segui-Mas, Javier Vercher-Moll, Jeffrey W. Stempel

Scholarly Works

Law has long aspired to achieve status as a science. A central theme of much legal philosophy has been the quest for legal doctrine to become more like scientific axioms or findings produced through a scientific inquiry. Considerable debate has surrounded the issue. Part of the legal profession sees the question of law's science status as doomed to failure and regards law as a distinct type of discipline. Others in the legal profession are attracted to the aspiration but express doubt regarding whether the methods that the legal doctrine has traditionally employed can achieve the greater apparent rigor of the …

Flores V. Las Vegas-Clark Cty. Library Dist., 134 Nev. Adv. Op. 101 (Dec. 13, 2018) (En Banc), Paige Hall

Nevada Supreme Court Summaries

The Court determined that (1) NRS §§ 244.364, 268.418, and 269.222, as amended by Senate Bill 175 (“SB 175”), unambiguously preempt firearm ordinances and regulations adopted by counties, cities, and towns only and (2) a library district created in accordance with NRS Chapter 379 is not a “county,” “city,” or “town” for the purposes of SB 175.

The Elephant In Nevada's Hotel Rooms: Social Consumption Of Recreational Marijuana, A Survey Of Law, Issues, And Solutions, Brent Resh, Alysa Grimes, Beatriz Aguirre

Nevada Law Journal Forum

Well known for its longstanding tradition of sanctioning and regulating the indulgence of activities almost universally considered “vices” (such as gambling, and even prostitution), Nevada now stands in a unique position on the frontlines of the state-level social experiment in marijuana decriminalization. Las Vegas—a mecca for tourists from around the world—has over forty-million annual visitorswho can now legally (at least under Nevada law) purchase up to one ounce of marijuana for recreational use. However, any consumption of that marijuana in a “public place,” retail marijuana store, or in a moving vehicle is a misdemeanor punishable by a fine of up …

2017 Legislative Recap: Important Bills From Nevada's 79th Legislative Session, Leonardo R. Benavides

Nevada Law Journal Forum

After the “red wave” of voters swept across the nation’s midterm elections in 2014, Nevada Republicans held a bicameral majority in the 78th (2015) Legislative Session. The subsequent 2016 presidential election tipped the balance of power as Nevada Democrats took back the majority in both houses for the 79th (2017) Legislative Session. The Senate went from an 11-10 Republican advantage to an 11-9-1 advantage for Democrats, and the Assembly flipped from a 25-17 Republican advantage to a 27-15 Democrat advantage. The issues that had previously dominated the 2015 Session, such as tort reform, collective bargaining overhauls, and funding for Education …

Recognizing An Overcorrection: A Proposal For Nevada's Policy On Non-Compete Agreements, Kristopher Kalkowski

Nevada Law Journal

No abstract provided.

A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez

Nevada Supreme Court Summaries

NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.

A Generic A Day Keeps The Lawyer Away, Cara Brumfield

Nevada Law Journal

No abstract provided.

Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia

Scholarly Works

Professor Ruben Garcia introduces a Symposium issue of the Employee Rights and Employment Policy Journal focused on an assessment of several key aspects of the workplace law record thus far of President Barack Obama.

Qualified Residence Interest Deduction: A Win For Unmarried Co-Owners, Christine Manolakas

Nevada Law Journal

No abstract provided.

Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.

Valdez V. Aguilar, 132 Nev. Adv. Op. 37 (May 26, 2016), Kory Koerperich

Nevada Supreme Court Summaries

The Court determined that NRS 425.360(4) does not exempt a noncustodial parent, who receives public assistance, from a court-ordered child support obligation to the custodial parent of their child. NRS 425.360(4) only exempts a parent from a debt for support owed to the Division of Welfare and Supportive Services.

And They're Off! Would Instant Horse Wagering In New Jersey Require Voter Approval?, Jordon Scot Flynn Hollander

UNLV Gaming Law Journal

No abstract provided.

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous …

2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell

Nevada Law Journal

No abstract provided.

Dean's Column: Unlv Law Students Making Tracks In Carson City, Anne R. Traum

Scholarly Works

No abstract provided.

Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight

Scholarly Works

Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …

Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek

Nevada Law Journal

No abstract provided.

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.

Women, Unions, And Negotiation, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.

The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher

Scholarly Works

No abstract provided.

Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher

Scholarly Works

No abstract provided.

Death Panels And The Rhetoric Of Rationing, Elizabeth Weeks Leonard

Nevada Law Journal

No abstract provided.

Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino

Nevada Law Journal

No abstract provided.