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University of Nevada, Las Vegas -- William S. Boyd School of Law

2008

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Full-Text Articles in Law

Salt Equalizer, Vol. 2008, Issue 4, Society Of American Law Teachers Dec 2008

Salt Equalizer, Vol. 2008, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Deborah Waire Post & Margaret Martin Barry, Co-Presidents' Column, at 1.

Hazel Weiser, Executive Director's Column, at 1.

Hazel Weiser, New Co-Presidents Aldana and Bender and Four New Members Elected to SALT Board, at 4.

Ruben Garcia, Join Us at the Annual SALT Awards Dinner on January 9, 2009, in San Diego, at 4.

Camille Nelson, January 2009 Cover Workshop at the AALS Annual Meeting: "The Way Forward: The Post Election 2008 Progressive Agenda," at 5.

SALT Co-President Margaret Martin Barry to Receive Pincus Award at AALS Conference, at 5.

Jane Dolkart, …


Summary Of Boucher V. Shaw, 124 Nev. Adv. Op. No. 96, Elham Roohani Nov 2008

Summary Of Boucher V. Shaw, 124 Nev. Adv. Op. No. 96, Elham Roohani

Nevada Supreme Court Summaries

No abstract provided.


Summary Of In The Matter Of William M. V. State Of Nevada, 124 Nev. Adv. Op. No. 95, Elham Roohani Nov 2008

Summary Of In The Matter Of William M. V. State Of Nevada, 124 Nev. Adv. Op. No. 95, Elham Roohani

Nevada Supreme Court Summaries

Requirement that a juvenile incriminate himself to rebut certification presumption violates the Fifth Amendment right against self-incrimination.


Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani Nov 2008

Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani

Nevada Supreme Court Summaries

Cumulative effect of prosecutorial misconduct and the abuse of discretion on the part of the district court through a failure to give the jury a written bifurcation instruction and the resultant effect of juror misconduct warrants reversal warranted reversal of a first-degree murder and attempted murder conviction.


Summary Of Waldman V. Maini, 124 Nev. Adv. Op. No. 9, Shannon Rowe Nov 2008

Summary Of Waldman V. Maini, 124 Nev. Adv. Op. No. 9, Shannon Rowe

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting partial summary judgment on issues pertaining to proceeds of a life insurance policy.


Summary Of Hernandez V. State, 124 Nev. Adv. Op. 83, Julian R. Gregory Oct 2008

Summary Of Hernandez V. State, 124 Nev. Adv. Op. 83, Julian R. Gregory

Nevada Supreme Court Summaries

Appeal from a district court order denying Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.


Summary Of Estate Of Lomastro V. American Family Ins., 124 Nev. Adv. Op. No. 89, Tara Zimmerman Oct 2008

Summary Of Estate Of Lomastro V. American Family Ins., 124 Nev. Adv. Op. No. 89, Tara Zimmerman

Nevada Supreme Court Summaries

Appeal from a district court judgment in an insurance matter and from a post-judgment order denying an NRCP 60(b) motion to set aside the judgment.


Summary Of Five Star Capital Corp. V. Ruby, 124 Nev. Adv. Op. No. 88, Michelle D. Alarie Oct 2008

Summary Of Five Star Capital Corp. V. Ruby, 124 Nev. Adv. Op. No. 88, Michelle D. Alarie

Nevada Supreme Court Summaries

Appeal from a district court’s grant of summary judgment against petitioner Five Star Capital Corp. for bringing a second lawsuit barred by res judicata.


Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv Op. No. 92, Stephen O. Schofield Oct 2008

Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv Op. No. 92, Stephen O. Schofield

Nevada Supreme Court Summaries

Rewritten decision for prior June 2008 decision on a petition for rehearing in a case where the Nevada Supreme Court reversed and remanded a judgment of breach of contract against Lehrer McGovern Bovis, Inc. (“Bovis”), affirmed a judgment enforcing a lien against Bovis, vacated an award of attorney fees to Bullock Insulation, Inc. (“Bullock“), and reversed sanctions against Bovis.


Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout Oct 2008

Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for a writ of mandamus challenging the respondent’s issuance of a building permit for a water treatment plant.


Summary Of Rivero V. Rivero, 124 Nev. Adv. Op. No. 84 , Lindsay Demaree Oct 2008

Summary Of Rivero V. Rivero, 124 Nev. Adv. Op. No. 84 , Lindsay Demaree

Nevada Supreme Court Summaries

Appeal from a district court post-divorce decree order modifying a joint child custody award.


Summary Of Rubio V. State, 124 Nev. Adv. Op. No. 87, Holly Cheong Oct 2008

Summary Of Rubio V. State, 124 Nev. Adv. Op. No. 87, Holly Cheong

Nevada Supreme Court Summaries

Appeal from a district court order denying relief for ineffective assistance in a criminal case resulting in deportation.


Summary Of State V. Harte, 124 Nev. Adv. Op. No. 82, Ian Houston Oct 2008

Summary Of State V. Harte, 124 Nev. Adv. Op. No. 82, Ian Houston

Nevada Supreme Court Summaries

Appeal from a district court order partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case.


Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld Oct 2008

Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

This is an original petition for a writ of certiorari or mandamus challenging the Nevada State Board of Equalization’s review and remand of the Washoe County Board of Equalization’s determination to equalize certain taxable valuations.


Summary Of Winchell V. Schiff, 124 Nev. Adv. Op. No. 80, Brandon Johansson Oct 2008

Summary Of Winchell V. Schiff, 124 Nev. Adv. Op. No. 80, Brandon Johansson

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court judgment entered on a jury verdict in a conversion/lease action.


Summary Of Baldonado V. Wynn Las Vegas, 124 Nev. Adv. Op. No. 81, Brianna F. Issurdutt Oct 2008

Summary Of Baldonado V. Wynn Las Vegas, 124 Nev. Adv. Op. No. 81, Brianna F. Issurdutt

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Knipes V State, 124 Nev. Adv. Op. No. 79, Miranda Mahe Oct 2008

Summary Of Knipes V State, 124 Nev. Adv. Op. No. 79, Miranda Mahe

Nevada Supreme Court Summaries

Appeal from a conviction of driving under the influence causing death on the basis that the district court failed to follow the procedural safeguards for juror questioning.


Summary Of Davidson V. State, 124 Nev. Adv. Op. 76, Moorea Katz Oct 2008

Summary Of Davidson V. State, 124 Nev. Adv. Op. 76, Moorea Katz

Nevada Supreme Court Summaries

Appeal from a criminal conviction of two counts of burglary, two counts of robbery, two counts of battery, and adjudication as a habitual criminal.


Summary Of M.C. Multi-Family Dev. V. Crestdale Assocs., 124 Nev. Adv. Op. No. 77, Jennifer K. Koonce Oct 2008

Summary Of M.C. Multi-Family Dev. V. Crestdale Assocs., 124 Nev. Adv. Op. No. 77, Jennifer K. Koonce

Nevada Supreme Court Summaries

Appeal from a district court order granting Defendant’s motion for directed verdict on a claim for conversion and cross-appeal denying Defendant’s request for attorney fees and prejudgment interest.


The "Foundations" Of Anti-Foundationalism - Or, Taking The Ninth Amendment Lightly: A Comment On Daniel A. Farber's Book On The Ninth Amendment, Thomas B. Mcaffee Oct 2008

The "Foundations" Of Anti-Foundationalism - Or, Taking The Ninth Amendment Lightly: A Comment On Daniel A. Farber's Book On The Ninth Amendment, Thomas B. Mcaffee

Nevada Law Journal

No abstract provided.


Parity Lost: The Price Of A Corporate Tax In A Progressive Tax World, Richard Winchester Oct 2008

Parity Lost: The Price Of A Corporate Tax In A Progressive Tax World, Richard Winchester

Nevada Law Journal

No abstract provided.


The Ninth Amendment And Individual Rights: A Reply To Professor Mcaffee, Daniel A. Farber Oct 2008

The Ninth Amendment And Individual Rights: A Reply To Professor Mcaffee, Daniel A. Farber

Nevada Law Journal

No abstract provided.


Judicial Independence: A Call For Reform, Terence J. Lau Oct 2008

Judicial Independence: A Call For Reform, Terence J. Lau

Nevada Law Journal

No abstract provided.


The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown Oct 2008

The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown

Nevada Law Journal

No abstract provided.


A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell Oct 2008

A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell

Nevada Law Journal

No abstract provided.


Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis Oct 2008

Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis

Nevada Law Journal

No abstract provided.


Misunderstanding Freedom From Religion: Two Cents On Madison's Three Pence, Kyle Duncan Oct 2008

Misunderstanding Freedom From Religion: Two Cents On Madison's Three Pence, Kyle Duncan

Nevada Law Journal

No abstract provided.


Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley Oct 2008

Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley

Scholarly Works

This Article deals with group harassment of women and men in the workplace under Title VII of the 1964 Civil Rights Act. In Oncale v. Sundowner Offshore Services, the Supreme Court held that Title VII forbids harassment by members of the same sex, but it also emphasized that Title VII is implicated only if the harassment occurs "because of sex." Oncale's "because of sex" requirement has spawned considerable confusion in same-sex and different sex harassment cases. This Article focuses on four fact patterns that confuse courts, scholars, and employment lawyers. In the first scenario, men harass women in traditionally male …


Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme Sep 2008

Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme

Nevada Supreme Court Summaries

Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.


Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers Sep 2008

Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers

Nevada Supreme Court Summaries

No abstract provided.