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

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Articles 1 - 30 of 76

Full-Text Articles in Jurisprudence

Absurdity In Disguise: How Courts Create Statutory Ambiguity To Conceal Their Application Of The Absurdity Doctrine, Laura R. Dove Jun 2019

Absurdity In Disguise: How Courts Create Statutory Ambiguity To Conceal Their Application Of The Absurdity Doctrine, Laura R. Dove

Nevada Law Journal

No abstract provided.


Constructing More Reliable Law And Policy: The Potential Benefits Of The Underused Delphi Method, Juan Bataller-Grau, Elies Segui-Mas, Javier Vercher-Moll, Jeffrey W. Stempel Jan 2019

Constructing More Reliable Law And Policy: The Potential Benefits Of The Underused Delphi Method, Juan Bataller-Grau, Elies Segui-Mas, Javier Vercher-Moll, Jeffrey W. Stempel

Scholarly Works

Law has long aspired to achieve status as a science. A central theme of much legal philosophy has been the quest for legal doctrine to become more like scientific axioms or findings produced through a scientific inquiry. Considerable debate has surrounded the issue. Part of the legal profession sees the question of law's science status as doomed to failure and regards law as a distinct type of discipline. Others in the legal profession are attracted to the aspiration but express doubt regarding whether the methods that the legal doctrine has traditionally employed can achieve the greater apparent rigor of ...


Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi Jan 2018

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Scholarly Works

Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory ...


The Techno-Neutrality Solution To Navigating Insurance Coverage For Cyber Losses, Jeffrey W. Stempel, Erik S. Knutsen Jan 2018

The Techno-Neutrality Solution To Navigating Insurance Coverage For Cyber Losses, Jeffrey W. Stempel, Erik S. Knutsen

Scholarly Works

Insurers currently constrict coverage for losses involving electronic information in traditional insurance product lines. As a result, insurance customers are driven to the brave new world of non-standardized varieties of cyber-risk insurance policies. That world abounds with coverage gaps as the market for cyber insurance sorts itself out. Until that synchronization of coverage for cyber losses occurs, litigation is bound to occur as the boundaries of coverage remain patchwork and uncertain.

This article examines the degree to which cyber losses differ from other insured losses. The cyber-loss insurance coverage jurisprudence reveals a mishmash of principles and coverage terms that are ...


Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson Sep 2017

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.


Hyatt V. Franchise Tax Board Of California: Perils Of Undue Disputing Zeal And Undue Immunity For Government-Inflicted Injury, Jeffrey W. Stempel Sep 2017

Hyatt V. Franchise Tax Board Of California: Perils Of Undue Disputing Zeal And Undue Immunity For Government-Inflicted Injury, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards Jan 2017

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of ...


"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb Jun 2016

"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb

Nevada Law Journal

No abstract provided.


Pregnant "Persons": The Linguistic Defanging Of Women's Issues And The Legal Danger Of "Brain-Sex" Language, Andrea Orwoll Jun 2016

Pregnant "Persons": The Linguistic Defanging Of Women's Issues And The Legal Danger Of "Brain-Sex" Language, Andrea Orwoll

Nevada Law Journal

No abstract provided.


Ministering (In)Justice: The Supreme Court's Misreliance On Abortion Regret In Gonzales V. Carhart, J. Shoshanna Ehrlich Jun 2016

Ministering (In)Justice: The Supreme Court's Misreliance On Abortion Regret In Gonzales V. Carhart, J. Shoshanna Ehrlich

Nevada Law Journal

No abstract provided.


Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney Jun 2016

Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney

Nevada Law Journal

No abstract provided.


Equality Writ Large, Phyllis Goldfarb Jun 2016

Equality Writ Large, Phyllis Goldfarb

Nevada Law Journal

No abstract provided.


Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi Jun 2016

Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Nevada Law Journal

No abstract provided.


Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford Jan 2016

Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

Scholarly Works

The U.S. Feminist Judgments Project turns attention to the U.S. Supreme Court. Contributors to this volume challenge the formalistic concepts that U.S. Supreme Court opinions are, or should be, written from a neutral vantage point and that they are, or should be, based on deductive logic or “pure” rationality. When the project’s authors brought their own feminist consciousness or philosophy to some of the most important (and supposedly “neutral”) decisions and assertions about gender-related issues, the judicial decisions took on a very different character. Feminist consciousness broadens and widens the lens through which we view law ...


James Wilson In The State House Yard: Ratifying The Structures Of Popular Sovereignty, Ian C. Bartrum Jan 2016

James Wilson In The State House Yard: Ratifying The Structures Of Popular Sovereignty, Ian C. Bartrum

Scholarly Works

There is an excellent (and rapidly growing) literature examining the influence of James Wilson's Scottish philosophical education on his later political ideas. In this Article, Professor Ian Bartrum makes two contributions to that scholarship. First, he reexamines several of the most important Scottish moral sentimentalists with a particular focus on the specific ontological and epistemological accounts that influenced Wilson. Second, he dissolves the seeming contradictions in Wilson's political thought by showing that, while he understood that representative bodies were essential to legitimate government, he nonetheless distrusted these institutions because they work to obscure, or even subvert, their members ...


All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara G. Gordon Jan 2015

All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara G. Gordon

Scholarly Works

We ask juries to make important decisions that have a profound impact on people’s lives. We leave these decisions in the hands of groups of laypeople because we hope that the diverse range of experiences and knowledge in the group will lead to more thoughtful and informed decisionmaking. Studies suggest that diverse groups of jurors have different perspectives on evidence, engage in more thorough debate, and more closely evaluate facts. At the same time, there are a variety of problems associated with group decisionmaking, from the loss of individual motivation in group settings, to the vulnerability of groups to ...


A Rhetorician’S Practical Wisdom, Linda L. Berger Jan 2015

A Rhetorician’S Practical Wisdom, Linda L. Berger

Scholarly Works

For three years, I had the great good fortune to work in the office next to Jack Sammons. My good fortune extended to a coincidence of timing that allowed me to work with Jack on a co-authored article, The Law's Mystery. During the time I worked next door, I felt cursed by an inability to grasp concepts that to Jack appeared inevitable and essential, whether those inevitabilities and essences were to be found within the law, good lawyering, or good legal education. The curse persisted throughout the writing of The Law's Mystery.

For Jack, the essence of a ...


Two Dogmas Of Originalism, Ian C. Bartrum Jan 2015

Two Dogmas Of Originalism, Ian C. Bartrum

Scholarly Works

In the early 1950s, Willlard Quine’s Two Dogmas of Empiricism offered a devastating critique of logical positivism and the effort to distinguish “science” from “metaphysics.” Quine demonstrated that the positivists relied on dogmatic oversimplifications of both the world and human practices, and, in the end, suggested that our holistic natural experience cannot be reduced to purely logical explanations. In this piece, I argue that constitutional originalism—which, too, seeks to define a constitutional “science”—relies on similar dogmatisms. In particular, I contend that the “fixation thesis,” which claims that the constitutional judge’s first task is to fix the ...


What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara G. Gordon Jan 2014

What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara G. Gordon

Scholarly Works

What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand ...


Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary E. Berkheiser Jan 2013

Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary E. Berkheiser

Scholarly Works

No abstract provided.


Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards Jan 2013

Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards

Scholarly Works

No abstract provided.


Stare Decisis In The Inferior Courts Of The United States, Joseph W. Mead Jun 2012

Stare Decisis In The Inferior Courts Of The United States, Joseph W. Mead

Nevada Law Journal

No abstract provided.


On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main Jan 2012

On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main

Scholarly Works

No abstract provided.


Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Mar 2011

Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

The UNLV William S. Boyd School of Law hosted the Association for the Study of Law, Culture & the Humanities 14th Annual Conference from March 11-12, 2011. The Association brings together more than 275 interdisciplinary scholars from around the world each year to discuss law and legal issues from a broad perspective. Scholars attended the meeting at UNLV from Australia, Canada, England, Ireland, Italy, New Zealand and Sweden. The theme of the conference, drawing on the work of Nan Seuffert of the University of Waikato, was "Boundaries and Enemies."

The Association for the Study of Law, Culture and the Humanities is ...


Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Mar 2011

Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.


Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse Jan 2011

Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse

Scholarly Works

The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality, and justice. Unfortunately, in the process, the field of theoretical legal ethics has mostly lost track of the thing that Freedman insisted was at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. As I will discuss, the field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. I am going ...


The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii Jan 2011

The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii

Scholarly Works

In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She ...


The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse Jan 2011

The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse

Scholarly Works

When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to ...


Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse Jan 2011

Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse

Scholarly Works

The authors and moderator David Luban participated in a plenary session of the International Legal Ethics Conference IV, held at Stanford. Each author answered and discussed questions arising from short papers they had written about the principal concern of legal ethics was the morality of lawyers, the morality of clients, or the morality of laws.


The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich Jan 2010

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Nevada Law Journal

There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure ...