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Full-Text Articles in Law
Patush V. Las Vegas Bistro, Llc, 135 Nev. Adv. Op. 46 (Sep. 26, 2019), Katrina Weil
Patush V. Las Vegas Bistro, Llc, 135 Nev. Adv. Op. 46 (Sep. 26, 2019), Katrina Weil
Nevada Supreme Court Summaries
The Court determined that (1) claims for wrongful termination are subject to the limitations period from NRS § 11.190(4)(e) for injuries or death caused by another person’s wrongful act or neglect; and (2) attorney fees were not warranted under § NRS 18.010(2)(b) as the issue was one of first impression.
Textual Imagination, Mary D. Fan
Textual Imagination, Mary D. Fan
Articles
Textualism's revival illuminated the judicial imagination at play behind the search for congressional intent through legislative history. The Supreme Court’s decision in Buckhannon Board & Care Home v. West Virginia Department of Health & Human Resources shows the Supreme Court’s mounting disregard for legislative history and concomitant attempt to erect replacement canons of statutory construction to guide textual interpretation. The opinion privileged a canon of statutory construction over the legislative record of congressional intent. Of more imminent and practical impact, Buckhannon invalidated the catalyst theory of awarding plaintiff’s fees to “prevailing parties” under statutes authorizing private attorneys general to bring …