Law Commons^™

Summary Of Anvui, Llc V. G.L. Dragon, Llc, 123 Nev. Adv. Op. No. 25, Kelly Walker

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Manwill V. Clark County, 123 Nev. Adv. Op. No. 28, Erin Phillips

Nevada Supreme Court Summaries

Appeal from district court order denying judicial review in an occupational disease case.

Summary Of Arata V. Faubion, 123 Nev. Adv. Op. No. 19, Krystallin Hernandez

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich

Nevada Supreme Court Summaries

The court considered whether a judgment creditor in a domesticated foreign judgment may add a nonparty to a final judgment, under the alter ego doctrine, simply by moving to amend the judgment. The court held that such a procedure violates the due process rights of the nonparty whom the creditor seeks to add. To observe the requisite attributes of due process, a judgment creditor who wishes to assert an alter ego claim must do so in an independent action against the alleged alter ego.

Summary Of Ellis V. Carucci, 123 Nev. Adv. Op. No. 18, Krystallin Hernandez

Nevada Supreme Court Summaries

In December 2000, Appellant Melinda Ellis (“Melinda”) and Respondent Roderic Carucci (“Roderic”) divorced. The divorce decree named both parties as joint legal custodians over their daughter, Geena. Further, the decree named Melinda as primary physical custodian with Roderic having liberal visitation rights. In 2004, after noticing a significant decline in Geena’s school performance, Roderic filed a motion with the district court requesting a custody modification. The district court considered the parties’ testimony and Geena’s elementary school teacher’s testimony. Further, the parties stipulated that a family evaluation would be conducted and a report submitted to the court. The evaluator recommended Geena …

Summary Of In The Matter Of Discipline Of Paul Droz, 123 Nev. Adv. Op. 20, Michelle L'Hommedieu

Nevada Supreme Court Summaries

Nevada Supreme Court concluded that jurisdiction over Droz was appropriate under Supreme Court Rule 99,2 and affirmed disciplinary action recommended against Utah attorney Paul Droz.

Summary Of Schuster V. Eighth Jud. Dist. Ct., Nev. Adv. Op. No. 23, Sherry Moore

Nevada Supreme Court Summaries

Petitioner filed a writ of mandamus or prohibition on the ground that the District Court improperly denied petitioner’s writ of habeas corpus and/or motion to dismiss the indictment based on the State’s improper refusal to instruct the grand jury on the law of self-defense.

Summary Of Valdez V. Employers Insurance Company Of Nevada, 123 Nev. Adv. Op. 21, Matt Lay

Nevada Supreme Court Summaries

Claimant appeals from an order of the Eighth Judicial District Court, State of Nevada, denying a petition for judicial review in a workers’ compensation matter.

Summary Of Johnson V. State, 123 Nev. Adv. Op. No. 17, Michael J. Gayan

Nevada Supreme Court Summaries

Appellant Jeffrey Lee Johnson communicated via the Internet with several undercover law enforcement officers who he thought were 14-year-old girls. Based on the nature of the conversations, Johnson was charged under the attempt provision of NRS 201.560.2 Johnson pleaded guilty to one count of violating NRS 201.560 and failed to file a direct appeal. Johnson filed a post-conviction petition for a writ of habeas corpus in the district court, claiming ineffective assistance of counsel. Johnson argued that his counsel was ineffective for not arguing that it was impossible for Johnson to violate the attempt provision of NRS 201.560 because no …

Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle

Nevada Supreme Court Summaries

Gary R. Schmidt raised six alleging violation of Nevada’s Open Meeting Law, NRS § 241 et seq. The first four stemmed from a Washoe County Board of Commissioners (“WCBC”) meeting on January 11, 2005. First, that the WCBC violated the Open Meeting Law by “pulling” a lobbying contract from its agenda. Second, that WCBC violated the law when it allegedly deliberated on whether to remove the lobbying contract item from its agenda. Third, that WCBC improperly reduced his allotment of time to speak on the lobbying contract. Fourth, that WCBC improperly refused to read into the record letters written by …

Summary Of Mcgrath V. State, Dep’T Of Pub. Safety, 123 Nev. Adv. Op. No. 15, Jeremy K. Cooper

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review of the appeals officer’s decision denying compensation, in a worker’s compensation case. The Nevada Supreme Court affirmed the district court’s order.

Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias

Nevada Supreme Court Summaries

On October 22, 1998, Edwards and two of his business partners filed their original complaint. In the complaint, Edwards and his partners alleged they were fraudulently induced into leasing restaurant space and brought claims against eleven defendants. While counsel initially represented Edwards and his partners, the lawyer was forced to withdraw, after being disbarred. In his amended complaint, Edwards, who was not authorized to practice law, named, on their behalf, both business partners. In fact, Edwards named one partner who wished to be removed. The district court ruled that the amended complaint would relate solely to Edwards and removed the …

The Status Of The Notice/Prejudice Rule For Liability Insurance Claims In Nevada, Timothy S. Menter, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus

Nevada Supreme Court Summaries

Appellant Monroe appeals from the Eighth Judicial District Court’s grant of dismissal pursuant to NRCP 41(e). Monroe brought claims on behalf of herself and her son James.

Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox

Nevada Supreme Court Summaries

Appellant Bero-Wachs appeals from a district court order upholding her attorney’s lien which attached her IRA accounts and included accountant fees. Respondent Lograr petitions for a writ of mandamus, seeking a declaration that Bero-Wachs’ alimony award is attachable to his attorney’s lien.

Summary Of Savage V. Pierson, 123 Nev. Adv. Op. 12, Judy Carol Cox

Nevada Supreme Court Summaries

Debtor filed Chapter 7 bankruptcy and tried to claim that the security deposit for his residential lease was exempt under Nevada’s dwelling exemption. Trustee objected because debtor had no equity in the lease-hold. Due to a lack of state law precedent, the U.S. Bankruptcy Court for the District of Nevada submitted the following certified question to the Nevada Supreme Court: Is a security deposit in a residential lease exempt from the claim of creditors either as a part of an exempt dwelling under NRS 21.090(1)(m) or as a homestead under NRS 21.090(1)(l)? The Court concluded that it was not exempt …

Summary Of Silver State Elec. V. State, Dep’T Of Tax, 123 Nev. Adv. Op. 11, Judy Carol Cox

Nevada Supreme Court Summaries

A company appealed a district court’s dismissal of its petition for judicial review of a tax commission decision that it had not met the necessary requirements under NRS 360.395 in order to avoid having to immediately pay the determination amount.

Summary Of Richardson Constr. V. Clark Cty. Sch. Dist., 123 Nev. Adv. Op. 8, Joshua Woodbury

Nevada Supreme Court Summaries

Richardson Construction appeals a district court order determining that NRS 338.1381 does not permit a private cause of action.

Summary Of Byford V. State, 123 Nev. Adv. Op. 9, Joshua Woodbury

Nevada Supreme Court Summaries

Byford appeals an order of the Eighth Judicial District Court, Clark County, denying a postconviction writ of habeas corpus.

Salt 2007 Awards Dinner Program, Society Of American Law Teachers

Meetings & Events

No abstract provided.

Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos

Scholarly Works

This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.

Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …

Developing Las Vegas: Creating Inclusionary Affordable Housing Requirements In Development Agreements, Ngai Pindell

Scholarly Works

The lack of affordable shelter for all of America's families often appears to be an immutable part of America's housing landscape. If the inclusionary housing regime in Las Vegas allowed local governments and developers any discretion in the decision to include affordable housing in a particular development agreement, the regime would have to establish an equivalent mechanism such as individual developer suits to check abuses of this discretion. A potential safeguard of effective affordable housing planning under development agreements could be the expertise of planners and other local government officials. Inclusionary housing requirements within development agreements ensure affordable housing issues …

Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben

Scholarly Works

Empirical studies serve to enlighten the law, even when they simply confirm the wisdom of existing rules. Chris Guthrie's article, Misjudging, primarily serves that useful function—confirming the wisdom of existing rules—even though the author sought to establish something different. Guthrie's article applies insights from cognitive psychology to the resolution of legal disputes and presents some empirical proof of the effect of the application. He concludes that three sets of “blinders”—informational, cognitive, and attitudinal—affect the ability of judges to reach correct resolutions of disputes. He therefore recommends further appreciation of the ability of arbitration and mediation to avoid some of the …

Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush

Scholarly Works

This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …

The Constitutional Structure Of Disestablishment, Ian C. Bartrum

Scholarly Works

This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method of inference from the structure and relationships created by the Constitution." The article takes a structural approach to the Establishment Clause: it reexamines the theoretical foundations of disestablishment, and infers a constitutional structure designed to create a dialectical relationship between political institutions and social institutions. The structural thesis requires that our political institutions safeguard individual liberty of conscience by bracketing all religious questions. The antithesis ensures the existence of free and independent social organizations dedicated to building public virtue. The article then applies the structural …

Reconsidering Procedural Conformity Statutes, Thomas O. Main

Scholarly Works

No abstract provided.

Review Essay: Religion And Politics 2004-2007, Leslie C. Griffin

Scholarly Works

No abstract provided.

Placing The Reality Of Employment Discrimination Cases In A Comparative Context, Jean R. Sternlight

Scholarly Works

No abstract provided.

Destructive Ambiguity: Enemy Nationals And The Legal Enabling Of Ethnic Conflict In The Middle East, Michael Kagan

Scholarly Works

In the course of the Middle East conflict since 1948, both the Arab states and Israel have tended to take harsh measures against civilians based on their national, ethnic, and religious origins. This practice has been partially legitimized by a norm in international law that permits states to infringe the liberty and property interests of enemy nationals during armed conflict. Middle Eastern governments have misused the logic behind this theoretically exceptional rule to justify far-reaching measures that undermine the “principle of distinction” between civilians and combatants and erode the principle of non-discrimination that lies at the center of human rights …

The Spirit Of 1968: Toward Abolishing Terry Doctrine, Frank Rudy Cooper

Scholarly Works

In this essay, Professor Frank Rudy Cooper summarizes how the Terry opinion's refusal to apply the probable cause standard made Fourth Amendment doctrine more conservative. He then suggests that the result has gone largely unchallenged because whites have been willing to trade decreases in the civil liberties of blacks for perceived increases in crime control. Prof Cooper concludes by calling on us to consider returning to the spirit of the beginning of 1968 by abolishing Terry doctrine.