Law Commons^™

Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl

Nevada Law Journal

No abstract provided.

Education Freedom Pac V. Reid, 138 Nev. Adv. Op. 47 (June 28, 2022), Servando Martinez

Nevada Supreme Court Summaries

This appeal comes from a district court order enjoining an initiative petition’s circulation and the initiative’s placement on the ballot. In an opinion drafted by Justice Hardesty, the Court considered whether the district court properly denied EFP’s request to dismiss the complaint because the district court had not set the matter for a hearing within 15 days. The Court acknowledges that, under the Nevada Constitution, an initiative petition cannot require appropriations or expenditures, must adequately inform potential signatories about the petition’s goal, and cannot invade the Legislature’s primary role of proposing and enacting laws. The Court concluded that that the …

Cegavske V. Hollowood, 138 Nev. Adv. Op. 46 (June 28, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Stiglich, the Court considered whether initiative sponsors may withdraw a petition or whether an initiative petition’s signatories or the public acquire any rights in a petition. This appeal involves two verified initiative petitions to place questions on the ballot for the Nevada 2022 general election and the sponsors' withdrawal of the initiative petitions. Although Nevada law provides a procedure to withdraw an initiative petition and directs that “no further action may be taken on [a withdrawn] petition,”2 Secretary of State Barbara Cegavske refused to honor the withdrawals of the two petitions at issue here. …

A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy

Nevada Law Journal Forum

Trump’s narrow victories in swing states could have been caused by any number of factors, but it is still significant that there was a nation-wide shift of the non-college white electorate, male and female. Many non-college Democrats who had voted for Obama did not turn out for Hillary and some voted for Trump; many Republicans who had not voted for Romney turned out for Trump. This article proposes, as part of the explanation, a rebellion of non-college whites against the consequences for poor communities, in red states or in red pockets in blue states, of four decades of neoliberal selective …

Politics At Work After Citizens United, Ruben J. Garcia

Scholarly Works

There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the "one percent" in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …

Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher

Scholarly Works

In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.

Youth Voting Rights Project 2015, Rachel J. Anderson

Voter Education Program Collection

The Youth Voting Rights Project educates students about voting rights and Nevada law and brings them onto the University of Nevada, Las Vegas, campus.

Nevada Youth Learn About Voting Rights, Rachel J. Anderson

Scholarly Works

Prof. Rachel Anderson describes the second Youth Voting Rights Project, an event created by Prof. Anderson in collaboration with Dr. Zachary Robbins, Clark County School District principal, to help educate Nevadan high school and middle school students on the topic of election law.

Prof. Anderson also comments on the controversy surrounding Voter ID laws and the question of whether and to what degree the United States has made progress in fulfilling the promise of the Voting Rights Act.

Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers

Nevada Law Journal

No abstract provided.

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Nevada Law Journal

No abstract provided.

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.

Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare

Nevada Law Journal

No abstract provided.

Registering To Vote In Clark County, Rachel J. Anderson

Media & Informal Publications

In this publication, distributed by the Las Vegas chapter of the National Bar Association, Professor Rachel J. Anderson provides clear direction and information for Nevada voters on the process of registering to vote and information on special circumstances surrounding registration.

Ballot Design As Fail-Safe: An Ounce Of Rotation Is Worth A Pound Of Litigation, Mary Beth Beazley

Scholarly Works

For generations, some candidates have argued that first-listed candidates gain ‘‘extra’’ votes due to primacy effect, recommending ballot rotation to solve the problem. These votes, however, are generally intentional votes, accurately cast, and rotation is controversial. This article argues that rotation is appropriate because it mitigates the electoral impact of not only primacy effect, but also of two categories of miscast votes. First, rotation mitigates the impact of proximity-mistake votes, which can occur even on well-designed ballots when voters mis-vote for a candidate in proximity to their chosen candidate. Second, rotation mitigates the impact of mis-votes caused by flawed ballot …

Blacks And Voting Rights In Nevada, Rachel J. Anderson

Scholarly Works

This article is a brief foray into black suffrage and equal rights in Nevada legal history. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.

Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii, Esq.

Nevada Law Journal

No abstract provided.

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Nevada Law Journal

No abstract provided.

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …

Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett

Scholarly Works

The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term “carceral debt” to identify criminal justice penalties levied on prisoners, “user fees” …

The Hunt For Noncitizen Voters, Fatma E. Marouf

Scholarly Works

No abstract provided.

Judicial Selection And Evaluation, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers

Nevada Law Journal

No abstract provided.

Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin

Nevada Law Journal

No abstract provided.

The Problem Of Dirty Hands, Leslie C. Griffin

Scholarly Works

This essay examines what Sartre called the problem of "dirty hands" as it applies to two issues in contemporary Catholic discussions of political morality. Beginning with Michael Walzer's work on dirty hands, the essay next identifies four approaches to this problem characteristic of Christian ethics. These four categories are then applied to analysis of two issues: conflicts of conscience that may confront Catholic politicians as a result of the responsibilities of public office and the church's exclusion of clergy and religious from holding public