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Articles 1 - 30 of 147
Full-Text Articles in Law
Endogenous And Dangerous, Brian N. Larson
What Did Those Sixteen Justices Say?, Leslie C. Griffin
What Did Those Sixteen Justices Say?, Leslie C. Griffin
Scholarly Works
Everyone is finally noticing that the current Supreme Court is changing its jurisprudence on religious freedom. The commentators are finally paying more attention to the fact that seven of the Court's current Justices were raised Catholic. What role have Catholics played in the Supreme Court's history? This article traces their contributions on religious freedom and civil rights, starting with Chief Justice Taney and ending with Justice Barrett.
Judicial Consensus: Why The Supreme Court Should Decide Its Cases Unanimously, David Orentlicher
Judicial Consensus: Why The Supreme Court Should Decide Its Cases Unanimously, David Orentlicher
Scholarly Works
Like Congress and other deliberative bodies, the Supreme Court decides its cases by majority vote. If at least five of the nine Justices come to an agreement, their view prevails. But why is that the case? Majority voting for the Court is not spelled out in the Constitution, a federal statute, or Supreme Court rules.
Nor it is obvious that the Court should decide by a majority vote. When the public votes on a ballot measure, it typically makes sense to follow the majority. The general will of the electorate ought to govern. But judicial decisions are not supposed to …
The Vanishing Core Of Judicial Independence, Evan C. Zoldan
The Vanishing Core Of Judicial Independence, Evan C. Zoldan
Nevada Law Journal
No abstract provided.
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
Scholarly Works
This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was …
Talking Back In Court, M. Eve Hanan
What Is The Meaning Of "Plain Meaning", Jeffrey W. Stempel
What Is The Meaning Of "Plain Meaning", Jeffrey W. Stempel
Scholarly Works
The American approach to construing texts (statutes, regulations, contracts and documents generally) stresses decision through determining the “plain meaning” of the document based on the court’s reading of the text. Where the court finds plain meaning on the face of text, it generally refuses to consider additional contextual information or extrinsic evidence of meaning.
Notwithstanding its status as the dominant approach to interpretation, the plain meaning concept has not been well defined or operationalized. Despite judicial confidence in the plain meaning approach, courts have wisely been willing to sidestep it and eschew the rather clear facial meaning of text when …
Martinez Guzman V. Second Judicial Dist. Court, 136 Nev. Adv. Op. 12 (Mar. 26, 2020), John Mccormick-Huhn
Martinez Guzman V. Second Judicial Dist. Court, 136 Nev. Adv. Op. 12 (Mar. 26, 2020), John Mccormick-Huhn
Nevada Supreme Court Summaries
The Court clarified the ambiguity of the meaning “territorial jurisdiction,” a term of art found in NRS 172.105. The Court held that NRS 172.105 incorporates Nevada’s venue statutes and grants a grand jury the authority to “inquire into a [criminal] offense so long as the district court that empaneled the grand jury may appropriately adjudicate the defendant’s guilt for that particular offense.”
“Remarkable Influence”: The Unexpected Importance Of Justice Scalia’S Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom
“Remarkable Influence”: The Unexpected Importance Of Justice Scalia’S Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom
Scholarly Works
What constitutes judicial influence and how should it be measured? Curious about the broader role that rhetoric plays in judicial influence over time, we undertook a rhetorical-computational analysis of the 282 majority opinions that Justice Scalia wrote during his 30 years on the Supreme Court. Our analysis is the first to examine the full majority opinion output of a Supreme Court justice using a unique “medium data” approach that combines rhetorical coding with quantitative analysis relying on Shepard’s Citations and LexisNexis headnotes. The resulting study casts doubt on the ability of judicial authors, including Justice Scalia, to control the extent …
Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure
Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure
Scholarly Works
So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.
Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending …
Gambling Addiction: Increasing The Effectiveness And Popularity Of Problem Gambling Diversion In Nevada Courts, Kimber Laux
Gambling Addiction: Increasing The Effectiveness And Popularity Of Problem Gambling Diversion In Nevada Courts, Kimber Laux
UNLV Gaming Law Journal
No abstract provided.
Absurdity In Disguise: How Courts Create Statutory Ambiguity To Conceal Their Application Of The Absurdity Doctrine, Laura R. Dove
Absurdity In Disguise: How Courts Create Statutory Ambiguity To Conceal Their Application Of The Absurdity Doctrine, Laura R. Dove
Nevada Law Journal
No abstract provided.
Your Honor, On Social Media: The Judicial Ethics Of Bots And Bubbles, Katrina Lee
Your Honor, On Social Media: The Judicial Ethics Of Bots And Bubbles, Katrina Lee
Nevada Law Journal
No abstract provided.
Disabling Ada Retaliation Claims, Nicole Buonocore Porter
Disabling Ada Retaliation Claims, Nicole Buonocore Porter
Nevada Law Journal
No abstract provided.
Lemmings Or Lions: Empirical Measure Of Juror Independence In The Face Of Belief Mirroring, John Campbell
Lemmings Or Lions: Empirical Measure Of Juror Independence In The Face Of Belief Mirroring, John Campbell
Nevada Law Journal
No abstract provided.
Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin
Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin
Nevada Law Journal
No abstract provided.
Justice As Fair Division, Ian C. Bartrum
Justice As Fair Division, Ian C. Bartrum
Scholarly Works
The current hyperpoliticization of the Court grows out of a feedback loop between politicized appointments and politicized decision-making. This Article suggests a change in the internal procedures by which the Court hears and decides particular cases. A three-Justice panel hears and decides each case. Appeal to an en banc sitting of the entire Court would require a unanimous vote of all non-recused Justices. This Article explores several possible approaches in selecting the three-Justice panel. This Article proposes that applying a fair division scheme to the Court's decision-making process might act to reverse this loop and work to depoliticize the Court …
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Scholarly Works
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly
Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly
Nevada Supreme Court Summaries
The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at …
The Use And Abuse Of Mutual-Support Programs In Drug Courts, Sara Gordon
The Use And Abuse Of Mutual-Support Programs In Drug Courts, Sara Gordon
Scholarly Works
There is a large gap between what we know about the disease of addiction and its appropriate treatment, and the treatment received by individuals who are ordered into treatment as a condition of participation in drug court. Most medical professionals are not appropriately trained about addiction and most addiction treatment providers do not have the education and training necessary to provide appropriate evidence-based services to individuals who are referred by drug courts for addiction treatment. This disconnect between our understanding of addiction and available addiction treatment has wide-reaching impact for individuals who attempt to receive medical care for addiction in …
Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards
Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards
Scholarly Works
On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.
The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …
Grace V. The Eight Judicial District Court Of The State Of Nevada, Adrienne Brantley
Grace V. The Eight Judicial District Court Of The State Of Nevada, Adrienne Brantley
Nevada Supreme Court Summaries
This discusses whether Nevada justice courts have jurisdiction to rule on motions to suppress illegally obtained evidence. In March of 2014, the State filed a criminal complaint against LeCory Grace in the Las Vegas Justice Court. The complaint charged Grace with one count of possession of a controlled substance. At Grace’s preliminary hearing, Grace orally moved to suppress evidence that may have been illegally obtained. The justice court concluded that the search was unlawful, suppressed the evidence derived from the search and dismissed the case against Grace. The State appealed the justice court’s order of suppression and the Eighth Judicial …
United States Magistrate Judges: Present But Unaccounted For, Philip M. Pro
United States Magistrate Judges: Present But Unaccounted For, Philip M. Pro
Nevada Law Journal
No abstract provided.
"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century, Douglas A. Lee, Thomas E. Davis
"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century, Douglas A. Lee, Thomas E. Davis
Nevada Law Journal
No abstract provided.
The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith
The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith
Nevada Law Journal
No abstract provided.
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Nevada Law Journal
No abstract provided.
Introduction: Magistrate Judges And The Transformation Of The Federal Judiciary, Daniel W. Hamilton, Thomas O. Main
Introduction: Magistrate Judges And The Transformation Of The Federal Judiciary, Daniel W. Hamilton, Thomas O. Main
Nevada Law Journal
No abstract provided.
Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon
Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon
Nevada Law Journal
No abstract provided.
The Comparative Outputs Of Magistrate Judges, Christina L. Boyd
The Comparative Outputs Of Magistrate Judges, Christina L. Boyd
Nevada Law Journal
No abstract provided.
How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David Levi
How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David Levi
Nevada Law Journal
No abstract provided.