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Articles 1 - 18 of 18
Full-Text Articles in Law
Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert
Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert
Nevada Supreme Court Summaries
The Court held that the district court properly exercised its discretion in allowing illegally recorded conversations to be used by a court appointed child psychologist to evaluate a child’s welfare in a custody case.
The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George
The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George
Nevada Law Journal
No abstract provided.
State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad
State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad
Nevada Supreme Court Summaries
Defendant Deangelo Carroll appealed from a conviction for conspiracy to commit murder and first-degree murder with use of a deadly weapon. The Supreme Court of Nevada found the district court erred in denying Carroll’s motion to suppress his statements to police because the police subjected Carroll to a custodial interrogation, without advising him of his Miranda rights. The Court affirmed however, finding the error harmless beyond a reasonable doubt.
Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire
Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court held that the District Court wrongly excluded evidence of low-impact defense when it required a biomechanical expert testify about the nature of the accident, erroneously interpreting Hallmark v. Eldgridge Instead, Hallmark requires sufficient foundation for admission of testimony and evidence, specifically excluding a biomechanical expert’s testimony under NRS 50.275. The Court additionally held that the District Court erred when it ultimately struck the defendant’s answer for violations of the pretrial order precluding defendant from raising a minor or low impact defense.
Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich
Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich
Nevada Supreme Court Summaries
The Court considered an appeal from a district court conviction. The Court reversed the Eighth Judicial District Court’s judgment of conviction, pursuant to a jury verdict of burglary and grand larceny. The juvenile court retains jurisdiction over Barber because the legislation did not include language regarding jurisdiction stripping or dismissal requirements. However, the Court reversed the judgment because the prosecution presented insufficient evidence to support Barber’s conviction.
Valenti V. Nev. Dep’T Of Motor Vehicles, 131 Nev. Adv. Op. 87 (Nov. 5, 2015), Shannon Diaz
Valenti V. Nev. Dep’T Of Motor Vehicles, 131 Nev. Adv. Op. 87 (Nov. 5, 2015), Shannon Diaz
Nevada Supreme Court Summaries
The Court determined that a “chemist” as defined by NRS § 50.320must be qualified as an expert in a Nevada court of record prior to the admission of his or her affidavit attesting to an individual’s blood-alcohol concentration in a driver’s license revocation hearing
Summary Of Mitchell V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 63076 (Apr. 30 2015), Stacy Newman
Summary Of Mitchell V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 63076 (Apr. 30 2015), Stacy Newman
Nevada Supreme Court Summaries
Original petition for a writ of mandamus directing the district court to sustain the privileges asserted by a defendant doctor in a medical malpractice case to his personal counseling and treatment records was granted and denied in part. The court determined 1) Mitchell’s family and marital therapy records were privileged 2) Mitchell’s doctor-patient records were subject to NRS 49.245(3) patient-litigation exception, but 3) the doctor-patient records should have been reviewed in camera by the district court before discovery.
Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton
Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton
Nevada Law Journal
No abstract provided.
Hiding The Elephant: How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial, Sydney A. Beckman
Hiding The Elephant: How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial, Sydney A. Beckman
Nevada Law Journal
No abstract provided.
Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry
Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry
Nevada Law Journal
No abstract provided.
Misjudging, Chris Guthrie
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
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 …
Extending A Qualified Evidentiary Privilege To Confidential Communications Between Employees And Their Union Representatives, Michael D. Moberly
Extending A Qualified Evidentiary Privilege To Confidential Communications Between Employees And Their Union Representatives, Michael D. Moberly
Nevada Law Journal
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee
Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee
Scholarly Works
This article is part of a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education. In this article, the author addresses the question of what opinion he would have written had he been a justice on the U.S. Supreme Court when the case was decided.
The author indicates he would have concurred in those opinions finding a violation of the Equal Protection Clause of the Fourteenth Amendment in Brown v. Board of Education. The author finds persuasive the argument that any other decision would permit states to evade the core purpose of the Fourteenth Amendment. Nevertheless, …
Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley
Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley
Scholarly Works
Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …
Book Review, Elaine W. Shoben
Book Review, Elaine W. Shoben
Scholarly Works
Quantitative Methods in Law represents the efforts of one legal scholar to apply mathematical probability and statistics to the solution of a wide range of legal problems. Michael O. Finkelstein has republished in book form a collection of his articles, beginning with his most famous and most widely cited: the application of mathematical probability to jury discrimination cases. After leading the reader through a series of fascinating applications of statistical problem solving to an impressively wide range of legal situations, the book concludes with the final words of one of the most engaging battles among legal scholars in recent years: …
Conditional Liberation (Parole) In France, Christopher L. Blakesley
Conditional Liberation (Parole) In France, Christopher L. Blakesley
Scholarly Works
Anglo-American parole owes its theoretical development and its early systematization, indeed its very existence, to France. It has been said that France has the genius of invention, but that too often the great ideas born in France are neglected there to find their baptism of success in other countries. This remark characterizes the history of the parole concept in France. Yet, the latest innovations being developed in France portend new possibilities for success in the rehabilitation of convicts. This section will trace briefly the history of conditional liberation the French counterpart of Anglo-American parole, and describe the development of the …