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State and Local Government Law Commons

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Full-Text Articles in State and Local Government Law

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

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 …


The Freedom To Film Pornography, Marc J. Randazza Sep 2016

The Freedom To Film Pornography, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller Jun 2016

Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller

Nevada Law Journal

No abstract provided.


Inheritance Rights Of Posthumously Conceived Children: A Plan For Nevada, Cassandra M. Ramey Jun 2016

Inheritance Rights Of Posthumously Conceived Children: A Plan For Nevada, Cassandra M. Ramey

Nevada Law Journal

No abstract provided.


The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith Jun 2016

The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith

Nevada Law Journal

No abstract provided.


Decisions And Orders Of The Nevada Occupational Safety And Health Review Board: Time To Lift The Veil Of Secrecy, Stephen C. Yohay Jun 2016

Decisions And Orders Of The Nevada Occupational Safety And Health Review Board: Time To Lift The Veil Of Secrecy, Stephen C. Yohay

Nevada Law Journal

No abstract provided.


Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis Jun 2016

Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis

Nevada Law Journal

No abstract provided.


Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker May 2016

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.


Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren Jan 2016

Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren

Nevada Supreme Court Summaries

The Court determined that a State Engineer did not improperly apply NRS § 533.3705(1) retroactively or constitute a retroactive application for two reasons: (1) the statute unambiguously applies to only approved applications; and (2) the applications at issue were approved almost five years after the statute took effect. Thus, the Court denied petitioner’s request for extraordinary writ attempting to bar the State Engineer from applying NRS § 533.3705(1) to the disputed water permit applications.


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

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.