Law Commons^™

Is Multidistrict Litigation A Just And Efficient Consolidation Technique? Using Diet Drug Litigation As A Model To Answer This Question, Danielle Oakley

Nevada Law Journal

No abstract provided.

The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner

Nevada Law Journal

No abstract provided.

Creating Positive Facts On The Ground: A Viable Palestinian State Overview, Byron Bland, Lee Ross, Walid Salem

Nevada Law Journal

No abstract provided.

The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider

Nevada Law Journal

No abstract provided.

Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud

Nevada Law Journal

No abstract provided.

Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience, which has received considerable attention over the past three to four years, is concerned with the ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. The neuroscience of ethics, which has received considerably less attention, may be described as a scientific approach to understanding ethical behavior. Psychiatrist and lawyer Laurence Tancredi …

Summary Of Waddell V. L.V.R.V. Inc., 122 Nev. ___, Christian Hale

Nevada Supreme Court Summaries

Appellants Arthur R. Waddell and his wife, Roswitha M. Waddell (the Waddells), entered into a contract to purchase a 1996 Coachmen Santara motor home (the RV) from crossappellant L.V.R.V. Inc., D/B/A Wheeler's Las Vegas RV (Wheeler's). In 1996 the Waddells agreed to purchase the RV and an extended warranty from Wheeler's, and requested that various repairs be performed on the vehicle's engine cooling system, that new batteries be installed, and that the door frames be aligned, prior to delivery. The Waddells took delivery of the RV on September 1, 1997. The Waddells noticed problems with the RV on their first …

Eating Our Cake And Having It, Too: Why Real Change Is So Difficult In Law Schools, Nancy B. Rapoport

Scholarly Works

This essay discusses the experiences of one law school trying to integrate the rankings into its strategic plan. It discusses the intersection of considerations designed to improve the rankings with considerations designed to improve the school as a whole, and it mentions the difficulties inherent in strategic planning in an academic environment.

Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse

Scholarly Works

This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer neutrality. The article draws on theories of autonomy to help explain this tension, showing that notions of positive freedom support a range of autonomy-enhancing intervention into …

Ricoeur’S Critical Hermeneutics And The Psychotherapeutic Model Of Critical Theory, Francis J. Mootz Iii

Scholarly Works

This paper seeks to extend Ricoeur’s acclaimed mediation of the Gadamer-Habermas debate. Freud’s psychoanalytic practice was an important touchstone for the debate, and Ricoeur’s reading of Freud provides a key to his critical intervention in the debate. The emerging postmodern account of psychotherapeutic practice provides a model of the critical hermeneutics that Ricoeur championed. Bringing Ricoeur’s insights to bear on this model, we can advance the questioning spurred by the Gadamer-Habermas debate without pretending to bring closure to the unending conversation of thinking.

Bankruptcy Ethics Issues For Solos And Small Firms, Nancy B. Rapoport

Scholarly Works

This chapter, in Corinne Cooper & Catherine E. Vance's book Attorney Liability in Bankruptcy, walks the reader through some of the traditional ethics issues triggered by representing consumers and small businesses. It also addresses some of the ethics issues that the recent Bankruptcy Amendments (BAPCPA) have created.

Assessing The Coverage Carnage: Asbestos Liability And Insurance After Three Decades Of Dispute, Jeffrey W. Stempel

Scholarly Works

Often overlooked are the insurance issues related to asbestos and the degree to which the asbestos mass tort has changed the face of liability insurance and liability insurance law. The asbestos mass tort brought insurance coverage litigation into the big leagues of litigation, adjudication, and scholarly examination (although even the most rabid insurance coverage junkie would concede this is not much silver lining to the asbestos cloud). But after 30 years of big-time liability insurance coverage litigation involving asbestos or influenced by asbestos, what is the outcome? My assessment is:

1. Despite their protestations, insurers have not been unfairly treated …

Toward A New Student Insurgency: A Critical Epistolary, Rachel J. Anderson, Marc-Tizoc Gonzalez, Stephen Lee

Scholarly Works

Taking the form of an epistolary (a collection of letters), this law review article explores the relationship between law and social change in the context of student activism at the University of California, Berkeley, School of Law (Berkeley Law formerly Boalt). The author’s contribution to this essay examines the simultaneously linear and circular history of social justice activism at Berkeley Law and discusses the relationship between social crises and resurging waves of activism, focusing on student activism in the sphere of legal scholarship.

William Rehnquist, The Separation Of Powers, And The Riddle Of The Sphinx, Jay S. Bybee

Scholarly Works

William Rehnquist's tenure on the Supreme Court presents a Sphinx-like riddle for students of the separation of powers: “What animal is that which in the morning goes on four, at noon on two, and in the evening on three feet?” One might well answer: “Rehnquist's separation of powers jurisprudence, as it is a difficult creature to characterize, arguably evolving over time.” In adolescence, it appeared an originalist on all fours, in manhood it walked erect, a Byron White functionalist, and in old age . . . well, perhaps the Sphinx might just devour one after all! Indeed, it is difficult …

Tribute To Adam Milani, Linda H. Edwards, Terry Phelps

Scholarly Works

"Whether I shall turn out to be the hero of my own life, or whether that station will be held by anybody else, these pages must show." So muses David Copperfield in the first pages of Dickens' eponymous novel, and these words seem a particularly fitting epigraph for Adam Milani's life. Adam's life took unexpected, even tragic turns that could have left someone with less character overwhelmed, completely victimized. But Adam remained the hero of his own life, down to the last page. This article is a tribute to Adam Milani.

Scholarship By Legal Writing Professors: New Voices In The Legal Academy, Linda H. Edwards, Terrill Pollman

Scholarly Works

In this Article, the authors explore the questions of whether legal writing topics are subjects fit for scholarship and whether scholarship on these topics could support promotion and tenure. The authors examine the scholarship of today’s legal writing professors—what they are writing and where it is being published—and they define the term “legal writing topic,” identifying major categories of legal writing scholarship and suggesting criteria for evaluation in this emerging academic area.

The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky

Scholarly Works

The 7th and 8th editions of Black's Law Dictionary were the first edited by Bryan Garner. This review of the 8th edition of Black's Law Dictionary focuses on the approach taken by Garner in thoroughly revising the dictionary and places his work in the context of the recent history of legal dictionaries and lexicography.

The Study Of Intellectual Property At The William S. Boyd School Of Law, Mary Lafrance

Scholarly Works

This article discusses the intellectual property program at William S. Boyd School of Law.

The Science Of Persuasion: An Initial Exploration, Kathryn M. Stanchi

Scholarly Works

The purpose of this Article is to enhance knowledge of effective persuasive legal writing by taking the exploration in a somewhat different direction from the traditional approaches. This Article argues that it is critical for persuasive writers to study the existing social-science data about human decisionmaking. Trial lawyers have taken serious steps to study and probe social science for ideas about how to persuade (or pick) juries. Yet, decades after Jerome Frank reminded us that judges, like juries, are human, appellate lawyers have been slow to follow their trial brethren in the pursuit of scientific data about what persuades people. …

Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth

Nevada Supreme Court Summaries

In 2002, appellant, George, filed a writ of habeas corpus with the Nevada Supreme Court claiming he was deprived his right to appeal. The Nevada Supreme Court then discovered that defendant's original 1985 notice of appeal was never transmitted. The court directed the district court to transmit defendant's notice of appeal and appoint appellate counsel.