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Articles 1 - 30 of 357
Full-Text Articles in Entire DC Network
A Continued Sign Of The Court's Unwillingness To Overrule Smith, Gader Wren
A Continued Sign Of The Court's Unwillingness To Overrule Smith, Gader Wren
Nevada Law Journal Forum
Since its inception, the Supreme Court’s holding in Employment Division v. Smith has been attacked for diluting Free Exercise rights. In recent years, petitioners have asked the Court to reconsider Smith’s soundness. However, de-spite these challenges to Smith’s legitimacy, it has remained the law of the land.
On February 22, 2022, the Court granted certiorari on 303 Creative LLC v. Elenis. Although Petitioner asked the Court to overrule Smith, the Court granted certiorari to answer only a single question: “[w]hether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the …
Felony Disenfranchisement And Voting Rights Restoration In The States, Manoj Mate
Felony Disenfranchisement And Voting Rights Restoration In The States, Manoj Mate
Nevada Law Journal
No abstract provided.
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Nevada Law Journal
No abstract provided.
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada Law Journal
No abstract provided.
Introduction: A Symposium On Enhancing Civil And Constitutional Rights Through State And Local Action, Ann C. Mcginley
Introduction: A Symposium On Enhancing Civil And Constitutional Rights Through State And Local Action, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Nevada Law Journal
No abstract provided.
No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler
No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler
Nevada Law Journal
No abstract provided.
Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman
Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman
Nevada Law Journal
No abstract provided.
The Incomprehensibility Of Nevada's Capable-Of-Repetition-Yet-Evading-Review Doctrine, Tom Stewart
The Incomprehensibility Of Nevada's Capable-Of-Repetition-Yet-Evading-Review Doctrine, Tom Stewart
Nevada Law Journal Forum
Nevada appellate courts recognize and apply an exception to the mootness doctrine that exists in federal court but does not currently have any basis in any state court rule or statute and, thus, should not be applied by Nevada’s appellate courts. Indeed, because no statute or court rule authorizes the Nevada appellate courts to hear cases that have been rendered moot but may be capable of repetition, yet evade review, Nevada’s appellate courts have no authority to do so. Thus, the appellate courts’ decisions entered on that basis are void. However, the solution to this problem is simple: the Nevada …
Against Political Speech, John M. Kang
What Did Those Sixteen Justices Say?, Leslie C. Griffin
What Did Those Sixteen Justices Say?, Leslie C. Griffin
Scholarly Works
Everyone is finally noticing that the current Supreme Court is changing its jurisprudence on religious freedom. The commentators are finally paying more attention to the fact that seven of the Court's current Justices were raised Catholic. What role have Catholics played in the Supreme Court's history? This article traces their contributions on religious freedom and civil rights, starting with Chief Justice Taney and ending with Justice Barrett.
Redefining The Badges And Incidents Of Slavery, Nicholas Serafin
Redefining The Badges And Incidents Of Slavery, Nicholas Serafin
Badges & Incidents
No abstract provided.
Nomos And Nation: On Nation In An Age Of "Populism", John Valery White
Nomos And Nation: On Nation In An Age Of "Populism", John Valery White
Scholarly Works
Robert Cover's Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals' ability to participate in the development of an idea of nation, is necessary to avoid "a total crushing of the jurisgenerative character" of nomoi by the state, or by …
Supreme Risk, Benjamin P. Edwards
Supreme Risk, Benjamin P. Edwards
Scholarly Works
While many have discussed the social issues that might arise because of a majority-conservative Supreme Court, one critical consequence of the current Court has been overlooked: the role of the Court in generating or avoiding systemic risk. For some time, systemic financial risk has been regulated by a mix of self-regulatory organizations (SROs), such as the Depository Trust Corporation, and federal regulators such as the Financial Stability Oversight Council (FSOC). However, the Court's recent jurisprudence now creates real risk that federal courts will declare keystone SROs unconstitutional because they do not fit neatly into an eighteenth-century constitutional framework.
SROs are …
Regulatory Constitutional Law: Protecting Immigrant Free Speech Without Relying On The First Amendment, Michael Kagan
Regulatory Constitutional Law: Protecting Immigrant Free Speech Without Relying On The First Amendment, Michael Kagan
Scholarly Works
No abstract provided.
Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, Clay Calvert
Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, Clay Calvert
Nevada Law Journal
No abstract provided.
Due Process On Campus: Where Do Procedural Rights Come From, And What Do They Require?, R. George Wright
Due Process On Campus: Where Do Procedural Rights Come From, And What Do They Require?, R. George Wright
Nevada Law Journal
No abstract provided.
Constitutional Avoidance And The Federal Common Law Of Patent Subject Matter Eligibility, Sam F. Halabi
Constitutional Avoidance And The Federal Common Law Of Patent Subject Matter Eligibility, Sam F. Halabi
Nevada Law Journal
No abstract provided.
States And Systemic Risk: An Analysis Of The Dodd-Frank Act’S (Un)Cooperative Federalism, Daniel A. Lyons
States And Systemic Risk: An Analysis Of The Dodd-Frank Act’S (Un)Cooperative Federalism, Daniel A. Lyons
Nevada Law Journal
No abstract provided.
Taylor V. Riojas: Anatomy Of A Supreme Court Intervention That Should Not Have Been Necessary, Zamir Ben-Dan
Taylor V. Riojas: Anatomy Of A Supreme Court Intervention That Should Not Have Been Necessary, Zamir Ben-Dan
Nevada Law Journal Forum
In September 2013, an inmate in a Texas prison allegedly spent six days in two uninhabitable cells. One cell was covered in “massive amounts of feces;” the other cell was freezing cold and lacked a sink, a bunk and a toilet, containing only a clogged floor drain for him to relieve himself. Confinement under these abominable conditions were plainly illegal under the Eighth Amendment of the United States Constitution. Yet, two lower federal courts found, for slightly different reasons, that the inmate had no actionable constitutional claim and that the defendants were entitled to qualified immunity. Both decisions displayed a …
The Vanishing Core Of Judicial Independence, Evan C. Zoldan
The Vanishing Core Of Judicial Independence, Evan C. Zoldan
Nevada Law Journal
No abstract provided.
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Scholarly Works
This article enters into the modern debate between "constitutional departmentalists"-who contend that the executive and legislative branches share constitutional interpretive authority with the courts-and what are sometimes called "judicial supremacists." After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas-popular sovereignty and the separation of powers-which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, we …
Distributed Federalism: The Transformation Of Younger, Anne R. Traum
Distributed Federalism: The Transformation Of Younger, Anne R. Traum
Scholarly Works
For decades federal courts have remained mostly off limits to civil rights cases challenging the constitutionality of state criminal proceedings. Younger abstention, which requires federal courts to abstain from suits challenging the constitutionality of pending state prosecutions, has blocked plaintiffs from bringing meritorious civil rights cases and insulated local officials and federal courts from having to defend against or decide them. Younger’s reach is broad. It has forced political protestors (from the Vietnam era to Black Lives Matter) to challenge the constitutionality of their arrests and prosecutions within their state criminal proceedings. The doctrine also has made it difficult to …
Pardoning Dogs, Sarah Schindler
Convenience Or Confidentiality: Nevada’S Digital Data Laws In The Age Of Always-Listening Devices, E. Sebastian Cate-Cribari
Convenience Or Confidentiality: Nevada’S Digital Data Laws In The Age Of Always-Listening Devices, E. Sebastian Cate-Cribari
Nevada Law Journal
No abstract provided.
A (Cruel And) Unusual Decision: Questions Raised For The Fifth Circuit Moving Forward From Gibson V. Collier, J. Gregory Cloward
A (Cruel And) Unusual Decision: Questions Raised For The Fifth Circuit Moving Forward From Gibson V. Collier, J. Gregory Cloward
Nevada Law Journal
No abstract provided.
“Catchy Phrases That Convey A Message”: The Danger Of Tam’S Copymark Creep And Trademark Law’S New First Amendment Analysis, Stacey M. Lantagne
“Catchy Phrases That Convey A Message”: The Danger Of Tam’S Copymark Creep And Trademark Law’S New First Amendment Analysis, Stacey M. Lantagne
Nevada Law Journal
No abstract provided.
Tinker-Ing With Machine Learning: The Legality And Consequences Of Online Surveillance Of Students, Amy B. Cyphert
Tinker-Ing With Machine Learning: The Legality And Consequences Of Online Surveillance Of Students, Amy B. Cyphert
Nevada Law Journal
No abstract provided.
Mental Health And The Constitution: How Incarcerating The Mentally Ill Might Pave The Way To Treatment, Samantha M. Caspar, Artem M. Joukov
Mental Health And The Constitution: How Incarcerating The Mentally Ill Might Pave The Way To Treatment, Samantha M. Caspar, Artem M. Joukov
Nevada Law Journal
No abstract provided.
Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin
Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.