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University of Nevada, Las Vegas -- William S. Boyd School of Law

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Truth. Regardless Of Reconciliation?, Michael Moffitt Jun 2024

Truth. Regardless Of Reconciliation?, Michael Moffitt

Nevada Law Journal

No abstract provided.


Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams Mar 2024

Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams

Nevada Law Journal

No abstract provided.


The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson Mar 2024

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.


Tashami J. Sims V The State Of Nevada, 139 Nev. Adv. Op. 55 (Dec. 07, 2023), Hannah Bleak Jan 2024

Tashami J. Sims V The State Of Nevada, 139 Nev. Adv. Op. 55 (Dec. 07, 2023), Hannah Bleak

Nevada Supreme Court Summaries

A defendant can abandon an unequivocal request to represent themselves when the district court does not deny the request. A trial court conclusively denies a request for self-representation when it gives a reason for the denial that would make any future requests futile. The Court adopts the totality of the circumstances test to determine if a defendant has abandoned a request to represent themselves.


Patterson V. Las Vegas Mun. Ct., 139 Nev. Adv. Rep. 35 (Sept. 21, 2023), Aaron Kempf Oct 2023

Patterson V. Las Vegas Mun. Ct., 139 Nev. Adv. Rep. 35 (Sept. 21, 2023), Aaron Kempf

Nevada Supreme Court Summaries

The Court gave two holding in their opinion. First, judicial economy supported consideration of a petition for a writ of mandamus where the issue raised was one of first impression. Here, that issues was whether municipal courts could award fees and expenses under Nev. Rev. Stat. § 41.0393. Second, Nev. Rev. Stat. § 41.0393(8) specifically defined the courts that may award attorney fees and litigation expenses as district courts and justice courts. As a result, the municipal court correctly concluded that it lacked authority to award such fees and expenses to the petitioner. Accordingly, a writ of mandamus petition challenging …


Electing Prosecutors Based On Their Convictions, Ryan Edwards Sep 2023

Electing Prosecutors Based On Their Convictions, Ryan Edwards

Nevada Law Journal

No abstract provided.


The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein Sep 2023

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

No abstract provided.


Out Of The Shadows: What Social Science Tells Us About The Shadow Docket, Nicholas D. Conway, Yana Gagloeva Jun 2023

Out Of The Shadows: What Social Science Tells Us About The Shadow Docket, Nicholas D. Conway, Yana Gagloeva

Nevada Law Journal

No abstract provided.


The Capital Shadow Docket And The Death Of Judicial Restraint, Jenny-Brooke Condon Jun 2023

The Capital Shadow Docket And The Death Of Judicial Restraint, Jenny-Brooke Condon

Nevada Law Journal

No abstract provided.


Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric Mar 2023

Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric

Nevada Law Journal

No abstract provided.


Terror And Tenderness In Criminal Law, M. Eve Hanan Jan 2023

Terror And Tenderness In Criminal Law, M. Eve Hanan

Scholarly Works

The criminal legal system is at a crossroads. Calls for abolition are met with calls for modest adjustments or maintenance of the status quo. What frequently emerges from these polarities is a promise that police, prosecutors, judges, and other government actors will use their vast discretion to reduce the harmful excesses of criminal legal practices. Initiatives like “compassionate release,” “second look sentencing,” and the progressive prosecutor’s pledge to “charge with restraint” are examples of this promise to exercise discretion with care. In word choice and design, these discretionary reforms suggest tempering harsh criminal legal practices with leniency and individualized consideration—a …


“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus Jan 2023

“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus

Scholarly Works

For more than a century, juvenile justice proponents have had a difficult time precisely defining the proper role of the juvenile probation officer while simultaneously stressing that the juvenile probation department is the “workhorse” of the entire system. Existing literature largely focuses on which aspects of policing and social work these officers should embody while ignoring the foundational moorings in state statutes. This Article offers both a historical account of the rise of the juvenile probation officer and a thorough analysis of each state’s laws regarding peace officer status, employing authority, the power of arrest, and the power to carry …


Laid To Rust: Proposing Strict Liability In Tort For Prop Firearm Injuries Following The Alec Baldwin Shooting, Mark Edward Blankenship Jr., Joseph A. Ott Jan 2023

Laid To Rust: Proposing Strict Liability In Tort For Prop Firearm Injuries Following The Alec Baldwin Shooting, Mark Edward Blankenship Jr., Joseph A. Ott

Nevada Law Journal Forum

Prop gun safety standards are often a mixed bag. “Despite some industry reforms following previous tragedies, the federal workplace safety agency in the U.S. is silent on the issue of on-set gun safety.” Some states follow film labor union and movie studio guidelines. Other states have regulations on pyrotechnic devices, but not on prop guns. Thus, states should consider what successful legal course of action a wrongfully deceased heir can bring in the event that no criminal charges can be filed. This article proposes that the best regulatory approach and tort liability course of action is through (1) treating prop …


Community Accountability, M. Eve Hanan, Lydia Nussbaum Jan 2023

Community Accountability, M. Eve Hanan, Lydia Nussbaum

Scholarly Works

This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …


Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell Sep 2022

Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell

Nevada Law Journal

No abstract provided.


Sports Betting Blitz: Advertising Inundation In The U.S. Market Post-Paspa And Steps Operators Can Take To Avoid Further Regulation And Legislation, Serena T. Ruedas Sep 2022

Sports Betting Blitz: Advertising Inundation In The U.S. Market Post-Paspa And Steps Operators Can Take To Avoid Further Regulation And Legislation, Serena T. Ruedas

UNLV Gaming Law Journal

No abstract provided.


Fear, Insanity, And Loathing In Nevada, Alexandra Mateo Mar 2022

Fear, Insanity, And Loathing In Nevada, Alexandra Mateo

Nevada Law Journal

No abstract provided.


The Shuffled Deck: Nevada's Gambling Treatment Diversion Court And Future Expansion Of Gambling Courts In The United States, Scott J. Frederick, Cheryl B. Moss Mar 2022

The Shuffled Deck: Nevada's Gambling Treatment Diversion Court And Future Expansion Of Gambling Courts In The United States, Scott J. Frederick, Cheryl B. Moss

UNLV Gaming Law Journal

No abstract provided.


Problem Gambling Diversion Programs: A Review Of Implementations And Challenges, Frank Song Mar 2022

Problem Gambling Diversion Programs: A Review Of Implementations And Challenges, Frank Song

UNLV Gaming Law Journal

No abstract provided.


In-Person Or Via Technology?: Drawing On Psychology To Choose And Design Dispute Resolution Processes, Jean R. Sternlight, Jennifer K. Robbennolt Jan 2022

In-Person Or Via Technology?: Drawing On Psychology To Choose And Design Dispute Resolution Processes, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Covid-19 fostered a remote technology boom in the world of dispute resolution. Pre-pandemic, adoption of technical innovation in dispute resolution was slow moving. Some attorneys, courts, arbitrators, mediators and others did use technology, including telephone, e-mail, text, or videoconferences, or more ambitious online dispute resolution (ODR). But, to the chagrin of technology advocates, many conducted most dispute resolution largely in-person. The pandemic effectively put the emerging technological efforts on steroids. Even the most technologically challenged quickly began to replace in-person dispute resolution with videoconferencing, texting, and other technology. Courts throughout the world canceled all or most in-person trials, hearings, conferences, …


Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces, Justin Iverson Jan 2022

Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces, Justin Iverson

Scholarly Works

In section II, this paper will begin with an analysis of the development of AI, noting famous examples and establishing a baseline definition as a lens for the rest of this discussion. This paper will assess aspects of AI and machine learning to the extent it furthers our understanding of AI’s ability to collect data and make decisions. Some popular culture references will be brought into focus here to recognize storytelling’s ability to inspire and influence real-world scientific pursuits. Of preliminary importance, the AI we have both dreamed of and feared are certainly kept in mind as technology advances through …


Coercive Control And The Limits Of Criminal Law, Courtney K. Cross Jan 2022

Coercive Control And The Limits Of Criminal Law, Courtney K. Cross

Scholarly Works

Domestic violence does not always include physical violence. While abusive relationships may be punctuated with physical violence, it is the dynamic of control that constitutes the crux of the abuse. This dynamic is characterized by behaviors designed to dominate, degrade, and discipline, including emotional and financial abuse, isolation, rulemaking, and surveillance. These nonviolent forms of abuse are collectively referred to as "coercive control," and their impact can be debilitating and devastating for survivors of domestic violence. Despite what we know about domestic violence, the criminal legal system focuses its efforts on discrete incidents or encounters between the abuser and the …


How To Design An Antiracist State And Local Tax System, Francine J. Lipman Jan 2022

How To Design An Antiracist State And Local Tax System, Francine J. Lipman

Scholarly Works

Since the first ship of enslaved African people landed in Virginia in 1619, racist policies in institutions, systems, structures, practices, and laws have ensured inequity for people of color. These racist policies include every imaginable variant of injustice from slavery to lynching, to segregation, and to economic injustices, including those delivered through tax systems today. Although facially color-blind, tax systems have long empowered the explosion of white wealth and undermined wealth accumulation for Black families and communities of color. State and local tax systems, especially in the South, have deeply-rooted racist fiscal policies, including Jim Crow laws that continue to …


Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps Sep 2021

Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps

Nevada Law Journal

No abstract provided.


Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall Jun 2021

Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall

Nevada Law Journal

No abstract provided.


Web Of Incarceration: School-Based Probation, Jyoti Nanda Jun 2021

Web Of Incarceration: School-Based Probation, Jyoti Nanda

Nevada Law Journal

No abstract provided.


Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick Jun 2021

Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick

Nevada Law Journal

No abstract provided.


The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields Jun 2021

The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields

Nevada Law Journal

No abstract provided.


An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White Jun 2021

An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White

Nevada Law Journal

No abstract provided.


Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety Jun 2021

Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety

Nevada Law Journal

No abstract provided.