Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Law
State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian
State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian
Nevada Supreme Court Summaries
The Court had two holdings in this case. First, a final decision for purposes of judicial review must contain a detailed finding of facts and conclusions of law by an administrative agency. Second, when a petition for judicial review is filed prematurely, it does not vest jurisdiction in the district court.
Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan
Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan
Nevada Supreme Court Summaries
For the State Engineer to grant water rights applications, there must be evidence to support the decision and the new rights must not substantially conflict with existing rights. On appeal from the District Court, the Court found no evidence to support the granted application, and held the use of Respondent’s rights would severely impact the water table. The Court reversed and remanded the case for proceedings consistent with the opinion.
On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge
On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge
Scholarly Works
In my view, legislatures, rather than courts or parties, should decide whether (and to what extent) courts should review arbitral awards for errors of law. The optimal legislative mechanism should not be compulsory but should offer parties the choice whether to "opt-in" to this regime of expanded review by inserting language to that effect in their arbitration agreement. A legislative solution with an "opt-in" feature has a sounder doctrinal foundation, better respects the distribution of power between various branches of government, involves a lower risk of error and minimizes transaction costs. From this position, two additional conclusions follow: first, courts …