Digital Commons Network^™

Argument, Political Friendship And Rhetorical Knowledge: A Review Of Garver's "For The Sake Of Argument", Francis J. Mootz Iii

Scholarly Works

Gene Garver's recent book, "For the Sake of Argument: Practical Reasoning, Character and the Ethics of Belief" (U. Chicago Press, 2004), responds to the dilemma at the core of contemporary legal theory. Garver incisively describes why legal reasoning is viewed either as impotent or dangerous. Reason appears impotent in the legal context to the extent that we maintain its rigor by limiting its scope to dialectical demonstration; it appears dangerous to the extent that we free reason from having to provide definitive answers. Garver looks to Aristotle for a solution. To deal with the inadequacies of the accounts of practical …

Conscience And Emergency Contraception, Leslie C. Griffin

Scholarly Works

No abstract provided.

Judicial Discretion To Condition, Thomas O. Main

Scholarly Works

No abstract provided.

Popular Constitutionalism In The Civil War: A Trial Run, Daniel W. Hamilton

Scholarly Works

No abstract provided.

A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review; Introduction, Daniel W. Hamilton

Scholarly Works

No abstract provided.

The Taxation Of Undocumented Immigrants: Separate, Unequal, And Without Representation, Francine J. Lipman

Scholarly Works

No abstract provided.

Celebrating Life And Taxes, Francine J. Lipman

Scholarly Works

No abstract provided.

Relief From The Rubble: Tax Assistance For Victims Of The 2005 Hurricane Season, Francine J. Lipman

Scholarly Works

No abstract provided.

Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan

Scholarly Works

Where UNHCR conducts refugee status determination (RSD), its reactions to legal aid for asylum-seekers have been mixed. Statistical evidence collected from Egypt in 2002 indicates a correlation between receiving some form of legal aid service and an asylum-seeker's increased chances of gaining refugee protection from UNHCR. Unconventional forms of legal aid, including limited services by supervised non-lawyers (including volunteers from the refugee community) showed a positive impact on first instance cases, while traditional legal aid models showed an impact at the appeal stage. Legal aid should form an essential part of UNHCR's RSD procedures, and NGOs should work to expand …

The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan

Scholarly Works

The number of individual Refugee Status Determination (RSD) applications received by United Nations High Commissioner for Refugees (UNHCR) offices worldwide nearly doubled from 1997 to 2001, while UNHCR’s RSD operations have been criticized for failing to implement basic standards of procedural fairness. Yet, although there is some literature critiquing how UNHCR determines refugee status, there is little literature examining whether UNHCR should do so, and if it should, when, where, and under what conditions.

UNHCR performance of RSD poses protection challenges because it is founded on a basic contradiction. On the one hand, government action is essential for effective refugee …

Foreword: Confronting The Rights Deficit At Home And Abroad, Ruben J. Garcia

Scholarly Works

In this foreword, the author introduces the idea of the rights deficit faced by people of color and low socioeconomic status by linking it to related debates—first on the nature of rights and second on whether there are domestic and international “democracy deficits.” Then the author describes the essays from the 2006 Western Law Professors of Color Conference in the three groups in which they appear in the issue. One group of essays focuses on the aftermath of Hurricane Katrina for the domestic rights deficit. In the area of education law and policy, the issue is not just the rights …

From North To South Country: Race, Gender And Immigration And The Role Of Unions In The Sanitized Workplace, Ruben J. Garcia

Scholarly Works

Professor Vicki Schultz's ground-breaking article, The Sanitized Workplace, questions whether all sexual conduct is inappropriate in the workplace, whether sexually-charged work environments necessarily disadvantage women, and whether sanitizing the workplace of sexuality impedes gender equality. Her article proposes that a less sanitized workplace with less over-reaction to sexuality would allow for more freedom of sexual expression and be more advantageous to women. According to Professor Schultz, the misuse of sexual harassment law may lead to increased segregation and employers' unwillingness to hire women. In many workplaces today, where office romances are seen as a litigation threat instead of a …

Labor As Property: Guestworkers, International Trade, And The Democracy Deficit, Ruben J. Garcia

Scholarly Works

In the 1914 Clayton Act, Congress declared: "The labor of a human being is not a commodity or an article of commerce." The practical reason for this section of the Clayton Act was to exempt collusion in labor negotiations from antitrust liability. The law also gave effect to the rejection of the commodification of human labor. Since the passage of the Clayton Act, developments in law and society have chipped away at the law's symbolic anti-commodification message. This paper examines the commodification of labor in the international trade and guestworker debates. Historically, the concept of "comparative advantage" in international trade …

Labor’S Fragile Freedom Of Association Post-9/11, Ruben J. Garcia

Scholarly Works

The fragility of civil liberties in the United States became evident after the terrible attacks of September 11, 2001 (9/11). Labor's freedom of association, which is the right to form unions, bargain collectively, and engage in concerted activities, is one of the civil liberties at risk in the post-9/11 period. This Article focuses specifically on post-9/11 limitations of labor's freedom of association conducted by the executive branch and the Congress, and the ways that the courts have adjudicated labor rights in the post-9/11 era. Domestic labor law and constitutional rights alone, however, will not stop the collision of security and …

Summary Of Matter Of Guardianship Of N.S., 122 Nev. Adv. Op. 27, Amy S. Scarborough

Nevada Supreme Court Summaries

Consolidated petitions for a writ of mandamus challenging an order of the Eighth Judicial District Court, State of Nevada, denying a grandmother’s petition for guardianship and an order denying the grandmother visitation with her minor granddaughter.

Exploring The Link Between Domestic Conflicts And Negotiation Failure In The Middle East, Russell Korobkin

Nevada Law Journal

No abstract provided.

Creating Positive Facts On The Ground: A Viable Palestinian State Overview, Byron Bland, Lee Ross, Walid Salem

Nevada Law Journal

No abstract provided.

Barriers To Progress At The Negotiation Table: Internal Conflicts Among Israelis And Among Palestinians, Robert H. Mnookin, Ehud Eiran, Sreemati Mitter

Nevada Law Journal

No abstract provided.

The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider

Nevada Law Journal

No abstract provided.

Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance

Nevada Law Journal

No abstract provided.

Is Multidistrict Litigation A Just And Efficient Consolidation Technique? Using Diet Drug Litigation As A Model To Answer This Question, Danielle Oakley

Nevada Law Journal

No abstract provided.

Table Of Contents, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Law Journal

No abstract provided.

The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner

Nevada Law Journal

No abstract provided.

Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud

Nevada Law Journal

No abstract provided.

Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse

Scholarly Works

This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer neutrality. The article draws on theories of autonomy to help explain this tension, showing that notions of positive freedom support a range of autonomy-enhancing intervention into …

Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience, which has received considerable attention over the past three to four years, is concerned with the ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. The neuroscience of ethics, which has received considerably less attention, may be described as a scientific approach to understanding ethical behavior. Psychiatrist and lawyer Laurence Tancredi …

Scholarship By Legal Writing Professors: New Voices In The Legal Academy, Linda H. Edwards, Terrill Pollman

Scholarly Works

In this Article, the authors explore the questions of whether legal writing topics are subjects fit for scholarship and whether scholarship on these topics could support promotion and tenure. The authors examine the scholarship of today’s legal writing professors—what they are writing and where it is being published—and they define the term “legal writing topic,” identifying major categories of legal writing scholarship and suggesting criteria for evaluation in this emerging academic area.

Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth

Nevada Supreme Court Summaries

In 2002, appellant, George, filed a writ of habeas corpus with the Nevada Supreme Court claiming he was deprived his right to appeal. The Nevada Supreme Court then discovered that defendant's original 1985 notice of appeal was never transmitted. The court directed the district court to transmit defendant's notice of appeal and appoint appellate counsel.

Summary Of Waddell V. L.V.R.V. Inc., 122 Nev. ___, Christian Hale

Nevada Supreme Court Summaries

Appellants Arthur R. Waddell and his wife, Roswitha M. Waddell (the Waddells), entered into a contract to purchase a 1996 Coachmen Santara motor home (the RV) from crossappellant L.V.R.V. Inc., D/B/A Wheeler's Las Vegas RV (Wheeler's). In 1996 the Waddells agreed to purchase the RV and an extended warranty from Wheeler's, and requested that various repairs be performed on the vehicle's engine cooling system, that new batteries be installed, and that the door frames be aligned, prior to delivery. The Waddells took delivery of the RV on September 1, 1997. The Waddells noticed problems with the RV on their first …