State and Local Government Law Commons^™

Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman

Nevada Law Journal

No abstract provided.

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.

Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas

Nevada Supreme Court Summaries

The Court determined that (1) Article 11, Section 1 of the Nevada Constitution does not limit the Legislature’s discretion in encouraging other methods of education, and based on this, the Education Savings Account (“ESA”) program is not contrary to Article 11, Section 2 which requires the Legislature to “provide for a uniform system of common schools”; and that (2) the funds deposited in the education savings account are not “public funds” subject to Article 11, Section 10; and finally that (3) the ESA program violates the mandate under Section 2 and 6 to fund public education because SB 302 does …

Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker

Nevada Supreme Court Summaries

This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.

City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby

Nevada Supreme Court Summaries

The Court determined that the Local Government Tax Distribution Account under NRS § 330.660 was general legislation, survived rational basis scrutiny, and therefore was not unconstitutional under Article 4, Sections 20 and 21 of the Nevada Constitution.

Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek

Nevada Law Journal

No abstract provided.

Nevada Public Policy And Higher Education: The Roles Of The Legislature And The Board Of Regents Under The Nevada Constitution, Thomas B. Mcaffee, Justin James Mcaffee

Nevada Law Journal

No abstract provided.

Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez

Nevada Law Journal

No abstract provided.

The Future Of Guinn V. Legislature, Troy L. Atkinson

Nevada Law Journal

No abstract provided.

Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman

Nevada Law Journal

No abstract provided.

Note, A Woman’S Life, A Woman’S Health: Equalizing Medicaid Abortion Funding In Simat Corp. V. Arizona Health Care Cost Containment System, Sara Gordon

Scholarly Works

This casenote discusses the Arizona Supreme Court’s decision in Simat Corp. v. Arizona Health Care Cost Container System. In a decision deviating from those of the United States Supreme Court, the Arizona Supreme Court declared the Arizona statute and accompanying Arizona Heath Care Cost Containment System provisions unconstitutional because they did not survive strict scrutiny analysis under the Privileges and Immunities Clause of the Arizona Constitution. Where the state of Arizona has undertaken to fund abortions for indigent women whose lives are directly threatened by pregnancy, it cannot refuse to pay for abortions for similarly indigent women whose health, …

Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton

Nevada Law Journal

No abstract provided.

Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee

Scholarly Works

Lost in the discussions of the federalization of crime is the one clause in the Constitution that actually links Congress, the states, and the problem of local crime: the Domestic Violence Clause.

Long ignored by courts, the Domestic Violence Clause recognizes the primacy of the states in addressing domestic violence within their borders. It imposes on the federal government a duty to protect states against domestic violence, but only when states request assistance. The Domestic Violence Clause plays the role of a Tenth Amendment for crime. It is a reaffirmation of the enumerated powers doctrine and a promise of federal …