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Articles 1 - 30 of 103
Full-Text Articles in Law
Delegation Inside The Executive Branch, Stephen Migala
Delegation Inside The Executive Branch, Stephen Migala
Nevada Law Journal
No abstract provided.
Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony Moffa
Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony Moffa
Nevada Law Journal
No abstract provided.
The Incredible Edible: Protecting Businesses And Consumers In A Society Of Legalized Cannabis, Brandon M. Thompson
The Incredible Edible: Protecting Businesses And Consumers In A Society Of Legalized Cannabis, Brandon M. Thompson
Nevada Law Journal Forum
This Article briefly discusses the history and origin of marijuana, or more precisely the cannabis plant, before branching into an examination of its chemical properties, forms, and uses. Including a concise survey of the various effects—including adverse side effects—of cannabis use. Additionally, it provides an introduction to products liability as it relates to drugs, in general, and then more specifically to the production and distribution of edibles. It will discuss some of the dangers that edibles pose to children. The focus will be primarily on issues with the marketing and presentation of edibles that have led to unintended cannabis consumption …
Word Limited: An Empirical Analysis Of The Relationship Between Thelength, Resiliency, And Impact Of Federal Regulations, Anthony Moffa
Word Limited: An Empirical Analysis Of The Relationship Between Thelength, Resiliency, And Impact Of Federal Regulations, Anthony Moffa
Nevada Law Journal
No abstract provided.
State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham
State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham
Nevada Supreme Court Summaries
The Court determined that (1) a hearing officer must also give deference to the agency’s determination that a crime is so serious that termination serves the public good, even when the agency has no published regulation dictating that outcome, and (2) an administrative hearing officer committed a clear error of law in relying, in any way, upon an invalid regulation to review an agency’s determination to terminate for a first-time disciplinary action.
Spar Bus. Serv.'S, Inc. Vs. Olson, 135 Nev. Adv. Opn. No. 40 (2019), Misha Ray
Spar Bus. Serv.'S, Inc. Vs. Olson, 135 Nev. Adv. Opn. No. 40 (2019), Misha Ray
Nevada Supreme Court Summaries
As a matter of first impression, the Court found that the 45-day service requirement for review of administrative decisions is not a jurisdictional requirement because the statute allows for extension based on good cause. However, in the present case, appellant did not show good cause for late service. Thus, the Court affirmed the lower court’s dismissal of the petition.
Demaranville V. Cannon Cochran Mgmt. Serv.’S, Inc., 135 Nev. Adv. Op. 35 (Sept. 5, 2019), Anya Lester
Demaranville V. Cannon Cochran Mgmt. Serv.’S, Inc., 135 Nev. Adv. Op. 35 (Sept. 5, 2019), Anya Lester
Nevada Supreme Court Summaries
The Court determined that the last injurious exposure rule determines the liability for occupational disease which is conclusively presumed to have resulted from past employment. Additionally, the Court held that death benefits are based on the employee’s wages earned while working for the employer to which the occupational disease is causally connected.
N. Lake Tahoe Protection Dist. V. Bd. Of Admin., 134 Nev. Adv. Op. 93 (Dec. 6, 2018) (En Banc), Hannah Nelson
N. Lake Tahoe Protection Dist. V. Bd. Of Admin., 134 Nev. Adv. Op. 93 (Dec. 6, 2018) (En Banc), Hannah Nelson
Nevada Supreme Court Summaries
The Court determined that NRS 616B.578(4) does not require an employer to know the precise medical terminology for an employee’s permanent physical impairment before the subsequent injury. However, the statute requires that an employee’s preexisting permanent physical impairment be fairly and reasonably observed from a written record and the impairment must amount to at least 6% whole person impairment.
O’Keefe V. State Of Nev. Dep’T Of Motor Vehicles, Nev. Adv. Op. 92 (Dec. 6, 2018) (En Banc), Jacqueline Cope
O’Keefe V. State Of Nev. Dep’T Of Motor Vehicles, Nev. Adv. Op. 92 (Dec. 6, 2018) (En Banc), Jacqueline Cope
Nevada Supreme Court Summaries
The Court reviewed de novo whether a classified employee violated a law or regulation when she challenged a challenges a state agency’s decision to terminate. Moreover, the Court applied a deferential standard of reasonableness to the agency’s decision to terminate the employee in service of the public good.
State Of Nev. Local Gov’T Emp. Mgmt. Bd., V. Educ. Support Emp. Ass’N, 134 Nev. Adv. Op. 86 (Nov. 8, 2018), Amanda Netuschil
State Of Nev. Local Gov’T Emp. Mgmt. Bd., V. Educ. Support Emp. Ass’N, 134 Nev. Adv. Op. 86 (Nov. 8, 2018), Amanda Netuschil
Nevada Supreme Court Summaries
The Court determined that the plain language application of NRS § 288.160 and Nevada Administrative Code (NAC) 288.110 states that the vote-counting standard is to be determined by the majority of members of the bargaining unit and not by a majority of the votes cast.
Sarfo V. State Bd. Of Medical Examiners, 134 Nev. Adv. Op. 85 (Nov. 1, 2018), Nathaniel Saxe
Sarfo V. State Bd. Of Medical Examiners, 134 Nev. Adv. Op. 85 (Nov. 1, 2018), Nathaniel Saxe
Nevada Supreme Court Summaries
The Court determined that when a complaint is filed with the Nevada State Board of Medical Examiners against a physician, the physician’s due process rights do not attach to the fact-finding role of the administrative agency.
Zenor V. State, Dep't Of Transp., 134 Nev. Adv. Op. 14 (Mar. 1, 2018), Brianna Stutz
Zenor V. State, Dep't Of Transp., 134 Nev. Adv. Op. 14 (Mar. 1, 2018), Brianna Stutz
Nevada Supreme Court Summaries
The Court held that NRS 233B.130 prohibits attorney fees in petitions for judicial review of agency determinations.
K-Kel, Inc. V. State Dep't Of Taxation, 134 Nev. Adv. Op. 10 (Mar. 10, 2018), Casey Lee
K-Kel, Inc. V. State Dep't Of Taxation, 134 Nev. Adv. Op. 10 (Mar. 10, 2018), Casey Lee
Nevada Supreme Court Summaries
The court determined that (1) the district court does not have jurisdiction over a petition for judicial review of an administrative agency decision when the appellants do not file the petition according to statutory requirements, (2) that district court orders in a case where it does not have jurisdiction are void, and (3) that administrative agency decisions made in compliance with void court orders do not grant district court jurisdiction.
Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry
Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry
Nevada Supreme Court Summaries
The Court determined that when an uncompensated volunteer, who has concurrent private employment and is injured during the course of volunteer work, shall have their average monthly wage for the purposes of workers’ compensation benefits to be the aggregate of the “deemed wage” provided by statute along with their earnings from the concurrent private employment.
Heat & Frost Insulators & Allied Workers Loc. 16 V. Lab. Comm’R; Univ. Of Nev., Reno; & Core Constr., 134 Nev. Adv. Op. 1 (Jan. 4, 2018), Alma Orozco
Nevada Supreme Court Summaries
NRS 233B.130(2)(c)(1)’s service requirement is mandatory and jurisdictional. Further, under NRS 233B.130(5), the district court has jurisdiction to extend time for service for good cause, either before or after the 45-day service period has run.
Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf
Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf
Scholarly Works
This Article offers a practical three-part test for courts and law enforcement to utilize when faced with drone and privacy issues. Specifically addressing the question: how should courts analyze the Fourth Amendment’s protection against ‘unreasonable searches’ in the context of drones?
The Supreme Court’s Fourth Amendment jurisprudence produced an intricate framework to address issues arising out of the intersection of technology and privacy interests. In prominent decisions, including United States v. Katz, California v. Ciraolo, Kyllo v. United States, and most notably, United States v. Jones, the Court focused on whether the use of a single …
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Scholarly Works
One of the most positive responses to heightened federal enforcement of immigration laws has been increasing local and philanthropic interest in supporting immigrant legal defense. These measures are tentative and may be fleeting, and for the time being are not a substitute for federal support for an immigration public defender system. Nevertheless, it is now possible to envision many more immigrants in deportation having access to counsel, maybe even a situation in which the majority do. In this paper, Professor Michael Kagan makes no real predictions. Instead, he offers a deliberately-perhaps even blindly optimistic assessment of how concrete steps that …
Loud And Soft Anti-Chevron Decisions, Michael Kagan
Loud And Soft Anti-Chevron Decisions, Michael Kagan
Scholarly Works
This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …
Dep’T Of Health & Human Serv.’S V. Samantha Inc., 133 Nev. Adv. Op. 100 (Dec. 14, 2017), Sara Schreiber
Dep’T Of Health & Human Serv.’S V. Samantha Inc., 133 Nev. Adv. Op. 100 (Dec. 14, 2017), Sara Schreiber
Nevada Supreme Court Summaries
Under the Nevada Administrative Procedure Act (APA), the right to petition for judicial review is limited to contested cases. When Nevada’s Department of Health and Human Services (the Department) denies an applicant a registration certificate to operate a medical marijuana dispensary, it is not a contested case under the APA. Since it is not a contested case, the applicant cannot petition the court for judicial review.
State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017), Michelle Harnik
State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017), Michelle Harnik
Nevada Supreme Court Summaries
In an en banc appeal from a district court order, the Court affirmed the district court’s order granting the existing holders of water rights’ petition for judicial review and vacating a limited liability company’s permits to appropriate water as proper and in compliance with the Court’s prior mandate.
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh
Nevada Law Journal
No abstract provided.
City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith
City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith
Nevada Supreme Court Summaries
The Court reviewed an appeal to determine whether an appellant: (1) “properly sought the disclosure of public records by a writ of mandamus,” and (2) whether medical marijuana establishments (“MMEs”) business license identifying information must be disclosed pursuant to the Nevada Public Records Act. The Court held that NRS 239.011 provides the specific means by which to challenge the disclosure of public records, and thus Respondent properly filed a petition for a writ of mandamus. Additionally, pursuant to NRS 453A.370(5), the Department of Health and Human Services’ Division of Public and Behavior Health (“Division”) has the proper authority to adopt …
Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017), Wesley Lemay Jr.
Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017), Wesley Lemay Jr.
Nevada Supreme Court Summaries
An attorney for a public body, such as the Nevada Commission on Ethics, must obtain authorization from the client in a public meeting before filing an appeal of a district court decision. Failure to obtain authorization results in a defective, invalid notice of appeal.
Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh
Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh
Nevada Supreme Court Summaries
The term “satisfactory”, as used in county code providing for liquor licensing, was not unconstitutionally vague where the provision was not related to any civil or criminal penalty. Additionally, Respondents did not violate Appellant’s due process rights by denying his application for a liquor license because Appellant had no cognizable property interest in or entitlement to the license. Finally, Appellant’s equal protection rights were not violated because Respondents had a rational basis for denying Appellant’s application.
Simmons V. Briones, 133 Nev. Adv. Op. 9, Annie Avery
Simmons V. Briones, 133 Nev. Adv. Op. 9, Annie Avery
Nevada Supreme Court Summaries
A judgment for penalty attorney fees and costs against a driver in an action that arises out of a motor vehicle accident is not a “judgment . . . upon a cause of action” arising out of the use of a motor vehicle such that its nonpayment may result in the suspension of driving privileges under NRS § 485.302.
Poremba V. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017) (En Banc), Christopher Kelly
Poremba V. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017) (En Banc), Christopher Kelly
Nevada Supreme Court Summaries
The Court determined that (1) an administrative officer must first determine whether to reopen a worker’s compensation benefits claim, pursuant only to the requirements of NRS 616C.390, before considering whether the insurer is entitled to reimbursement due to a third party settlement; and (2) that insurers may be entitled to reimbursement for funds an injured party receives in third party settlements that are also covered by workers’ compensation, but are not entitled to reimbursement from the portion of the settlement designated for remedies outside the definition of “compensation” in NRS 616A.090, including pain and suffering and lost wages.
Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia
Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia
Nevada Supreme Court Summaries
The Court determined that (1) NRS 361.395 does not provide the State Board with authority to order reappraisals; and (2) the 2010 regulation purporting to provide the State Board with such authority does not apply retroactively to the tax years at issue in this case.
On Health, Law, And Religion, Stacey A. Tovino
On Health, Law, And Religion, Stacey A. Tovino
Scholarly Works
The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman's Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court's recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide …
Need A Ride? Uber: The Trendy Choice That Could Turn Threatening, Emily L. Dyer
Need A Ride? Uber: The Trendy Choice That Could Turn Threatening, Emily L. Dyer
Nevada Law Journal
No abstract provided.
Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino
Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino
Scholarly Works
With a special focus on federal provisions strictly regulating Medicare-participating hospitals' use of seclusion, this Article uses developments in health law as a lens through which the uses and abuses of seclusion in immigration detention centers might be assessed and through which the standards governing detention centers might be improved. In particular, this Article argues that the unenforceable standards governing seclusion in immigration detention, including the most recent version of ICE's Performance-Based National Detention Standards, were incorrectly modeled on correctional standards developed for use in jails and prisons with respect to convicted criminals. This Article asserts that correctional standards are …