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Articles 1 - 30 of 73
Full-Text Articles in Law
Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams
Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams
Nevada Law Journal
No abstract provided.
Reading The Court’S Lips: Reevaluating Nevada’S Supermajority Requirement In The Wake Of Settelmeyer, Samuel Holt
Reading The Court’S Lips: Reevaluating Nevada’S Supermajority Requirement In The Wake Of Settelmeyer, Samuel Holt
Nevada Law Journal
No abstract provided.
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Nevada Law Journal
No abstract provided.
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
Nevada Law Journal
No abstract provided.
Legislating A Pathway To Improved Outcomes For People Living With Hiv And Lgbtq+ Nevadans, Dallas Harris, André Wade
Legislating A Pathway To Improved Outcomes For People Living With Hiv And Lgbtq+ Nevadans, Dallas Harris, André Wade
Nevada Law Journal
No abstract provided.
Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman
Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman
Nevada Law Journal
No abstract provided.
Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko
Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko
Nevada Law Journal Forum
With incidences of high-profile mass shootings as well as daily gun violence continuing to rise throughout the United States, Nevada residents cannot help but wonder what the state is doing to stop and to prevent future incidents. Nevada has historically had permissive gun laws, being part of the “Wild West,” but in modern days, particularly since the 1 October shooting, Nevada legislators have enacted more gun laws. Additionally, judges and justices in Nevada courts have had to interpret new and old gun laws in novel ways, due to living in the modern era where gun violence seems to be the …
The Fate Of State Investor Protection, Benjamin P. Edwards
The Fate Of State Investor Protection, Benjamin P. Edwards
Scholarly Works
In June 2019, the Securities & Exchange Commission made significant changes to the regulation of investment advice, issuing regulations and new interpretations of the Investment Advisers Act of 1940. Industry advocates have argued that states lack power to enact their own regulations on the theory that various federal statutes and regulations combine to preempt and sharply limit state authority. This article examines the current state of reforms around the country and the policy and legal arguments for and against limiting state efforts to raise the standards for investment advice.
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Nevada Supreme Court Summaries
No abstract provided.
Flores V. Las Vegas-Clark Cty. Library Dist., 134 Nev. Adv. Op. 101 (Dec. 13, 2018) (En Banc), Paige Hall
Flores V. Las Vegas-Clark Cty. Library Dist., 134 Nev. Adv. Op. 101 (Dec. 13, 2018) (En Banc), Paige Hall
Nevada Supreme Court Summaries
The Court determined that (1) NRS §§ 244.364, 268.418, and 269.222, as amended by Senate Bill 175 (“SB 175”), unambiguously preempt firearm ordinances and regulations adopted by counties, cities, and towns only and (2) a library district created in accordance with NRS Chapter 379 is not a “county,” “city,” or “town” for the purposes of SB 175.
A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton
A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton
UNLV Gaming Law Journal
No abstract provided.
Private Enforcement In The Public Sphere - Towards A New Model Of Residential Monitoring Of Local Governments, Omer Kimhi
Nevada Law Journal
No abstract provided.
Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins
Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins
Nevada Supreme Court Summaries
The Court determined that under NRS Chapter 453: (1) a medical marijuana establishment applicant does not have to satisfy NRS 453A.322(3)(a)(5)’s requirements for the Department of Health and Human Services to issue the applicant a provisional registration certificate, and (2) the registration certificate shall be deemed provisional until the applicant receives proper approval to commence operations from the applicable local government to commence operation.
Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson
Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson
Nevada Supreme Court Summaries
The Court interpreted Nevada Supreme Court Rules (“SCR” or the “Rules”) on Electronic Coverage of Court Proceedings: (1) My Entertainment TV (MET) is a “news reporter” under SCR 229(1)(c) because it collects, edits, and publishes footage concerning local events for public dissemination; (2) Clark County court proceedings footage has the educational or informational purpose required by SCR 241; (3) camera presence in the court room alone does not overcome the presumption permitting electronic recording of court proceedings under SCR 230; and (4) contract provisions must be read together, and the result should comport with the SCR on electronic coverage of …
Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser
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.
U.S. State Copyright Laws: Challenge And Potential, Marketa Trimble
U.S. State Copyright Laws: Challenge And Potential, Marketa Trimble
Scholarly Works
With copyright law in the United States lying primarily in the realm of federal law, the laws of the U.S. states concerning copyright do not typically attract significant attention from scholars, practitioners, and policy makers. Some recent events have drawn attention to state copyright laws – for example, litigation against a satellite radio provider for infringement of state common-law public performance rights in pre-1972 sound recordings. However, in general, state copyright laws remain largely in the shadow of federal copyright law, and state law is typically not viewed as a particularly useful vehicle for pursuing the policies that copyright law …
Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas
Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas
Nevada Supreme Court Summaries
The Court determined that (1) Article 11, Section 1 of the Nevada Constitution does not limit the Legislature’s discretion in encouraging other methods of education, and based on this, the Education Savings Account (“ESA”) program is not contrary to Article 11, Section 2 which requires the Legislature to “provide for a uniform system of common schools”; and that (2) the funds deposited in the education savings account are not “public funds” subject to Article 11, Section 10; and finally that (3) the ESA program violates the mandate under Section 2 and 6 to fund public education because SB 302 does …
The Freedom To Film Pornography, Marc J. Randazza
The Freedom To Film Pornography, Marc J. Randazza
Nevada Law Journal
No abstract provided.
Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller
Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller
Nevada Law Journal
No abstract provided.
Inheritance Rights Of Posthumously Conceived Children: A Plan For Nevada, Cassandra M. Ramey
Inheritance Rights Of Posthumously Conceived Children: A Plan For Nevada, Cassandra M. Ramey
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.
Decisions And Orders Of The Nevada Occupational Safety And Health Review Board: Time To Lift The Veil Of Secrecy, Stephen C. Yohay
Decisions And Orders Of The Nevada Occupational Safety And Health Review Board: Time To Lift The Veil Of Secrecy, Stephen C. Yohay
Nevada Law Journal
No abstract provided.
Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis
Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis
Nevada Law Journal
No abstract provided.
Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker
Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker
Nevada Supreme Court Summaries
This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.
Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren
Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren
Nevada Supreme Court Summaries
The Court determined that a State Engineer did not improperly apply NRS § 533.3705(1) retroactively or constitute a retroactive application for two reasons: (1) the statute unambiguously applies to only approved applications; and (2) the applications at issue were approved almost five years after the statute took effect. Thus, the Court denied petitioner’s request for extraordinary writ attempting to bar the State Engineer from applying NRS § 533.3705(1) to the disputed water permit applications.
City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby
City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby
Nevada Supreme Court Summaries
The Court determined that the Local Government Tax Distribution Account under NRS § 330.660 was general legislation, survived rational basis scrutiny, and therefore was not unconstitutional under Article 4, Sections 20 and 21 of the Nevada Constitution.
Summary Of Nutton V. Sunset Station, Inc., 131 Nev. Adv. Op. 34 (June 11, 2015), Joseph Meissner
Summary Of Nutton V. Sunset Station, Inc., 131 Nev. Adv. Op. 34 (June 11, 2015), Joseph Meissner
Nevada Supreme Court Summaries
The Court determined the proper relationship between NRCP 15(a) and NRCP 16(b), and explored whether a proposed amendment under NRCP 15(a) can be deemed “futile” because it is unsupported by, or contradicts, factual evidence produced during discovery.
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Nevada Supreme Court Summaries
NRS 616B.028(1) entitles “[a]ny offender confined at the state prison, while engaged in work in a prison industry or work program” to coverage under the modified program of industrial insurance adopted by the Nevada Division of Insurance. The term “work program” in NRS 616B.028(1) does not apply to individuals who are participating in a work release program.
Nevada's Foreclosure Epidemic: Homeowner Associations' Super-Priority Liens Not So "Super" For Some, Kylee Gloeckner
Nevada's Foreclosure Epidemic: Homeowner Associations' Super-Priority Liens Not So "Super" For Some, Kylee Gloeckner
Nevada Law Journal
No abstract provided.
Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek
Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek
Nevada Law Journal
No abstract provided.