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Full-Text Articles in Law

Summary Of In Re Discipline Of Serota, 129 Nev. Adv. Op. 66, Keivan Roebuck Oct 2013

Summary Of In Re Discipline Of Serota, 129 Nev. Adv. Op. 66, Keivan Roebuck

Nevada Supreme Court Summaries

The court determined whether an attorney’s misappropriation of $319,000 of a client’s funds warrants disbarment from the practice of law.


Summary Of Moon V. Mcdonald Carano Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenberg Aug 2013

Summary Of Moon V. Mcdonald Carano Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenberg

Nevada Supreme Court Summaries

Appeal from a district court judgment in a legal malpractice action claiming the statute of limitations to file suit had not run and that the litigation-tolling rule should apply. The Court determined that McDonald Carano Wilson, LLP did not represent appellant during litigation and litigation-tolling rule did not apply. The Court affirmed the district court's judgment.


Summary Of Ivey V. Dist. Ct., 129 Nev. Adv. Op. 16, David H. Rigdon Mar 2013

Summary Of Ivey V. Dist. Ct., 129 Nev. Adv. Op. 16, David H. Rigdon

Nevada Supreme Court Summaries

This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a request to recuse a district court judge in a family law action. Petitioner asserted that campaign contributions to the reelection campaign of the judge assigned to the case, provided by her ex-husband, his lawyers, and others connected to the divorce, required recusal under the Due Process Clause of the United States Constitution, as well as N.R.S. 1.230 and the Nevada Code of Judicial Conduct.


The Disappearing Fourth Wall: Law, Ethics, And Experiential Theatre, Mary Lafrance Jan 2013

The Disappearing Fourth Wall: Law, Ethics, And Experiential Theatre, Mary Lafrance

Scholarly Works

The cutting edge of experiential theatre blurs the lines between performer and audience. Both the performer and the audience are vulnerable. Audiences may be subject to assaultive or disturbing behavior or images. The performance may take place in an unconventional venue that poses safety hazards. A single audience member may be alone with a performer, who may engage in provocative or shocking behavior, including verbal abuse or touching. The performer may invite similar conduct from the participant. Typically, the participant does not know in advance what will take place and does not sign a waiver. While the performer has a …


Behavioral Legal Ethics, Jean R. Sternlight, Jennifer K. Robbennolt Jan 2013

Behavioral Legal Ethics, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Complaints about lawyers’ ethics are commonplace. While it is surely the case that some attorneys deliberately choose to engage in misconduct, psychological research suggests a more complex story. It is not only “bad apples” who are unethical. Instead, ethical lapses can occur more easily and less intentionally than we might imagine. In this paper, we examine the ethical “blind spots,” slippery slopes, and “ethical fading” that may lead good people to behave badly. We then explore specific aspects of legal practice that can present particularly difficult challenges for lawyers given the nature of behavioral ethics - complex and ambiguous ethical …


What Cognitive Dissonance Tells Us About Tone In Persuasion, Kathryn M. Stanchi Jan 2013

What Cognitive Dissonance Tells Us About Tone In Persuasion, Kathryn M. Stanchi

Scholarly Works

This Article takes the first step in thinking about where good advocacy should draw the line between zeal and coercion. Legal advocates differ about how to navigate that line.' Is the best service to the client to be found in the most aggressive, strongest, hard-line approach? Or is a more tempered, reasonable approach most likely to produce the best results?

This Article looks at cognitive science for guidance on this question. One cognitive process that seems to be integral to tone is cognitive dissonance, a concept I will explain in Part II. I then take a close look at two …