Law Commons^™

Aguirre V. Elko County Sheriff’S Office, 138 Nev, Adv. Op. 32 (May 5, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Court considered whether Nevada’s homestead exemption protects real property from civil forfeiture and whether an incarcerated individual who records a homestead declaration while serving their prison sentence qualifies as a bona fide resident of the homestead property. Aguirre asserted that he recorded his homestead declaration before any final process occurred in the forfeiture cause of action against him, thus having his declaration preempt the forfeiture. The district court dismissed the appellant’s argument, rationalizing that the appellant did not comply with the residency requirement because he made his homestead declarations while he was …

Bennett V. State, 138 Nev. Adv. Op. 29 (Apr. 28, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

Years after a jury sentenced Bennett to death, newly discovered evidence was presented. This case thoroughly explains whether a new evidentiary hearing must be granted. The statutory scheme providing for a petition to establish factual innocence is a relatively new addition to Nevada law.[1] Bennett v. State provided an opportunity to address the statutory provisions that guided the district court’s decision whether to order a hearing on this type of petition. The Court clarified two considerations relevant to the pleading requirements a petition must satisfy under NRS 34.960(2)(b): (1) a petition may rely on a witness’s recantation of trial …

Saticoy Bay, Llc Ser. 34 Innisbrook V. Thornburg Motrg. Sec. Tr. 2007-3, 138 Nev. Adv. Op. 35 (May 26, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Stiglich, the Court considered whether HOA’s have a statutory duty to record whether tender of a superpriority portion of their lien on a property was made when the Legislature amended NRS 116.31164. Saticoy Bay alleged that (1) if it had been permitted to pursue a claim, it could have produced evidence that Red Rock or Spanish Trail misrepresented that a tender had not been made and (2) that Spanish Trail had a statutory duty to proactively record BANA’s tender. The Court dismissed these arguments and found that the district court did not err by …

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Expanding Civil Rights To Combat Digital Discrimination On The Basis Of Poverty, Michele E. Gilman

All Faculty Scholarship

Low-income people suffer from digital discrimination on the basis of their socio-economic status. Automated decision-making systems, often powered by machine learning and artificial intelligence, shape the opportunities of those experiencing poverty because they serve as gatekeepers to the necessities of modern life. Yet in the existing legal regime, it is perfectly legal to discriminate against people because they are poor. Poverty is not a protected characteristic, unlike race, gender, disability, religion or certain other identities. This lack of legal protection has accelerated digital discrimination against the poor, fueled by the scope, speed, and scale of big data networks. This Article …

The Inappropriate Use Of Juvenile Records In Immigration Discretion, Sarah Diaz, Lisa Jacobs

Center for the Human Rights of Children

No abstract provided.

Normalizing Reproductive Genetic Innovation, Myrisha S. Lewis

Faculty Publications

Many societally accepted techniques were quite controversial at inception and for decades after. For example, historically, dialysis was “unnatural,” vaccination was “the poisoned quill,” and artificial insemination was akin to adultery. Despite social and cultural hurdles, the aforementioned medical techniques have today attained overall public acceptance, permissive legal treatment, and even health insurance coverage in some cases.

Unlike many now-routine treatments like in vitro fertilization (IVF), egg freezing, and organ transplantation, which flourished without significant governmental intervention, today’s controversial medical treatments, especially those involving reproductive genetic innovation, face intense regulatory barriers. Reproductive genetic innovation, which is the combination of IVF …

The Nebraska Criminal Law Practitioner’S Guide To Representing Non-Citizens In State Court Proceedings, 2022 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

I promised myself after I did the long-overdue 2021 revisions to this Guide that I would try my dead level best to do annual updates. Here are the 2022 updates to my Guide.

The updates are not as major as the 2021 updates were. Nevertheless, there have been several important developments to the area of crimmigration law since last year, and I have incorporated those changes into this year’s version of my Guide. Additionally, my thinking continues to evolve on various issues, and this year’s version of the Guide includes that ongoing analysis. Finally, my faithful proofreaders/editors, Deanna Lubken and …

Can You Be A Legal Ethics Scholar And Have Guts?, Cynthia Godsoe, Abbe Smith, Ellen Yaroshefsky

Faculty Scholarship

No abstract provided.

Golden Shares And Social Enterprise, Naveen Thomas

Faculty Scholarship

No abstract provided.

Defense Counsel's Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts

Faculty Scholarship

No abstract provided.

Biometrics And An Ai Bill Of Rights, Margaret Hu

Faculty Publications

This Article contends that an informed discussion on an AI Bill of Rights requires grappling with biometric data collection and its integration into emerging AI systems. Biometric AI systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these …

Book Review: Creating Indigenous Property: Power, Rights, And Relationships, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

Climate Change Compliance, Susan S. Kuo, Benjamin Means

Faculty Publications

Unless corporations prioritize climate change mitigation, efforts to control global warming will fail. Yet, the strategies that have been proposed for enlisting corporations are insufficient to the task. In our era of political polarization, a comprehensive “Green New Deal” to transition the U.S. economy away from fossil fuels is a nonstarter. Nor can we expect corporate risk management or social responsibility to fill the gap; there are practical limits to how far corporate managers can depart from strategies designed to maximize profits for investors.

This Article contends that climate change is a compliance issue. Scholars have overlooked compliance as a …

Creditors’ Rights In Property Subject To A Beneficiary’S Right Of Withdrawal, S. Alan Medlin, F. Ladson Boyle

Faculty Publications

Estate plans often give trust beneficiaries powers of withdrawal for both tax and nontax reasons. For tax reasons, these powers of withdrawal are typically limited, such as a “five or five power” or a so-called Crummey power commonly pegged to the annual gift tax exclusion amount. A central issue with limited powers of with-drawal is the right of a beneficiary’s creditor to reach trust property subject to the beneficiary’s power to withdraw. Recent uniform statutes, such as the Uniform Trust Code and the Uniform Power of Appointment Act, as well as the Restatement (Third) of Trusts, provide guidance. This Article …

Examining California’S Title 22 Community Care Licensing Regulations: The Impact On Inclusive Preschool Settings, Aja Mckee, Audri Sandoval Gomez, Sardis Susana Rodriguez, Janice Myck-Wayne, Scott Turner, Markus Trujillo

Education Faculty Articles and Research

Access to general education preschool in California has varied for children with disabilities. One reason for the disparity of educational placement is the preschool regulations outlined in California Department of Education’s Title 22: Community Care Licensing guidelines. These regulations, particularly in preschool, support or hinder preschool inclusion. Examining the preschool section of Title 22 through document analysis resulted in identifying three major themes that embrace or deter inclusive practices: (a) language (i.e., supportive language, antiquated language, and ambiguous language); (b) training, experience, and education; and (c) staff-student ratio. California’s educational leaders should consider these results to provide opportunities for preschool …

Improved Writing From Reading Other Writers, Douglas E. Abrams

Faculty Publications

In 1954, a 12-year-old junior high school student wrote to Justice Felix Frankfurter seeking advice about how to prepare to become a lawyer. “The best way to prepare for the law,” Frankfurter answered, “is to come to the study of law as a well-read person.” Reading other writers, he explained, enables future lawyers to “acquire the capacity to use the English language on paper and in speech and with the habits of clear thinking.”

Justice Frankfurter offered his young correspondent sound advice about the intimate link among reading, writing, and lawyering. Reading works from other writers with an eye toward …

Summer 2022 Magazine

Ergo

No abstract provided.

Research Handbook On The Law And Politics Of Migration [Book Review], Nicholas Norton

Cornell Law Librarians' Publications

No abstract provided.

For The Right Reasons: The Rules Of The Game For Institutionalists, Rick Joslyn

Connecticut Law Review

The United States judiciary demonstrates better than any other constitutional institution the inherent fragility of American democracy. There is a reasonable debate to be had over when and exactly how the Supreme Court squandered the precious legitimacy on which its very existence rests. Yet, today, observers must confront with renewed urgency the impact crater of discontent that has been driven into the institution. The Court has been weaponized, politicized, and villainized; it has been lionized for its institutional heft. But increasingly loud voices have called for foundational reforms. There is a scramble for solutions to check the Court’s newly-emboldened right-wing …

Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave

Articles

No abstract provided.

Forecasting The How And Why Of Corporate Crime's Demise, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Privity 2.0 May Be Even Better For Tort Defendants, Anita Bernstein

Faculty Scholarship

No abstract provided.

Justice Versus Judiciary: Justice Enthroned Or Entangled In India? (2019) By Sudhanshu Ranjan, Oxford University Press, New Delhi, Arun Thiruvengadam

Articles

Justice Versus Judiciary: Justice Enthroned or Entangled in India? (2019) By Sudhanshu Ranjan, Oxford University Press, New Delhi

The Equal Rights Amendment And Lgbtq Rights, Including Marriage Equality, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Below, we provide an analysis of the potential for the Equal Rights Amendment (ERA) to strengthen protections for LGBTQ rights, including marriage equality. Currently pending before the U.S. Senate is a resolution that would lift any congressionally imposed deadline for final ratification of the ERA. Lifting that deadline would remove the last legal impediment to adding the ERA to the Constitution, which would then constitutionalize, and thus secure, rights currently enjoyed by LGBTQ people that are vulnerable to reversal by the Supreme Court in a future case.

Shades Of Life In Indian Abortion Law, Gauri Pillai

Articles

This case comment analyses the recent Kerala High Court decision in Cry of Life Society v Union of India, where a petition was filed to declare India's law on abortion unconstitutional for violating the right to life of the foetus. The High Court dismissed the petition, upholding the constitutionality of the legislation as protecting women's right to life. The author discusses the High Court's order, narrowing in on the right to life argument used by the Court, and the right to life argument that the Court missed. This analysis distills and responds to the 'shades of life' underlying abortion law …

What’S (Race In) The Law Got To Do With It: Incorporating Race In Legal Curriculum, Sonia M. Gipson Rankin

Connecticut Law Review

Gen Z is defined as including persons born after 1996 and, in 2018, the first Gen Z would have been twenty-two years old, the historically traditional age that many complete undergraduate studies and enter law school. With Gen Z entering law schools, the legal academy has been wholeheartedly preparing for the arrival of the first truly digital native generation in a myriad of ways. However, law training has been slow to progress in addressing the unspoken complexities of context and unconscious bias in the classroom with this population. Today’s Gen Z students were predominately raised in de facto segregated schools …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2022

Nebraska Transcript

Dean's Message

Remembering Anna Williams Shavers 4

Sold-out Women Lead event empowers leaders 9

Reward outweighs risk at Lavender Legal Center 12

LaChandra Pye, '09, named multicultural homecoming nominee 14

Nebraska Legal Diversity Council founded 16

Sullivan recognized for work on Tenant Assistance Project 18

Children’s Justice Attorney Education Program selects inaugural Fellows 20

White House, Attorney General recognize Tenant Assistance Project 22

Faculty Notes 24

Matthew Schaefer named Clayton Yeutter Chair 32

Student team wins regional patent application drafting competition 34

Three faculty earn professorships: Kristen Blankley, Jessica Shoemaker, Adam Thimmesch 35

Housing Justice Program offers array of opportunities …

Irrationalities In Legal Parentage: Gender Identity And Beyond, Jeffrey A. Parness

College of Law Faculty Publications

This Article is the first to outline the irrationalities in many new and old parentage laws. Irrationalities often arise when the laws employ gendered terms like mother and father, husband and wife, man and woman, and male and female. These terms require a parent to be gender identified by the state, even when such an identity clashes with the parent’s own gender identification. More importantly, these gendered terms frequently clash with public policies underlying parentage laws, new and old, that are not dependent upon any form of gender identity.

Beyond gender identity, irrationalities also arise when there are distinctions without …

What’S (Race In) The Law Got To Do With It: Incorporating Race In Legal Curriculum, Sonia Gipson Rankin

Faculty Scholarship

Gen Z is defined as including persons born after 1996 and, in 2018, the first Gen Z would have been twenty-two years old, the historically traditional age that many complete undergraduate studies and enter law school. With Gen Z entering law schools, the legal academy has been wholeheartedly preparing for the arrival of the first truly digital native generation in a myriad of ways. However, law training has been slow to progress in addressing the unspoken complexities of context and unconscious bias in the classroom with this population. Today’s Gen Z students were predominately raised in de facto segregated schools …