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Full-Text Articles in Law

Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens Sep 2017

Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens

Nevada Law Journal

No abstract provided.


Hyatt V. Franchise Tax Board Of California: Perils Of Undue Disputing Zeal And Undue Immunity For Government-Inflicted Injury, Jeffrey W. Stempel Sep 2017

Hyatt V. Franchise Tax Board Of California: Perils Of Undue Disputing Zeal And Undue Immunity For Government-Inflicted Injury, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum Apr 2017

Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum

Nevada Law Journal Forum

In Martinez v. Ryan, the United States Supreme Court held the ineffective assistance of post-conviction counsel, or the lack of representation in a state post-conviction proceeding, provides cause to allow a federal habeas petitioner to overcome a procedural default on an ineffective assistance of trial counsel claim. This represented a radical shift in the criminal justice system. Prior to Martinez, state post-conviction proceedings—the typical mechanism for a criminal defendant to challenge the performance of his trial attorney—were not heavily scrutinized. It was understood and accepted that defendants did not have the right to counsel in these post-conviction proceedings. Whether a …


Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan Apr 2017

Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan

Nevada Law Journal Forum

In this Essay, I want to make the argument that the validity of the Chinese Exclusion Case is the central question in the challenges to President Trump’s travel bans. The facts are closely analogous. Moreover, the Chinese Exclusion Case is the seminal, canonical decision establishing vast federal power over immigration control. Resolving the present challenges to the Trump Executive Orders requires us to determine, once and for all, if that 1889 decision was rightly decided. But if that case cannot survive given what we know of constitutional law in the twenty first century, we must be precise about what exactly …


The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George Mar 2017

The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George

Nevada Law Journal

No abstract provided.


Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser Mar 2017

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.


Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom Mar 2017

Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom

Nevada Law Journal

No abstract provided.


Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon Mar 2017

Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon

Nevada Law Journal

No abstract provided.


My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld Mar 2017

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld

Nevada Law Journal

No abstract provided.