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Full-Text Articles in Law
Submerged Precedent, Elizabeth Y. Mccuskey
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether precedential uniformity requires a reinstatement of appeals; (2) whether failure to follow court rules is grounds for dismissing a civil appeal; and (3) whether failure to serve each attorney with a motion to dismiss is grounds for en banc reconsideration.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Nevada Law Journal
The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much greater …
Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan
Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan
Scholarly Works
The Second Amendment is the black sheep of the constitutional family. Paralleling the Amendment's neglect and abuse by commentators is the curious onslaught of misinformation and fear in the public arena. In this Article, Professors McAffee and Quinlan begin the process of restoring the Second Amendment to its rightful place as an individual right enjoyed by the citizenry. Reviewing singular facets of the Second Amendment debate, including the relation between the Militia and Right to Arms Clauses, the meaning of “keep and bear,” the relevance of militia provisions today and the abandonment by the Supreme Court as an active participant …