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City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal to determine whether an appellant: (1) “properly sought the disclosure of public records by a writ of mandamus,” and (2) whether medical marijuana establishments (“MMEs”) business license identifying information must be disclosed pursuant to the Nevada Public Records Act. The Court held that NRS 239.011 provides the specific means by which to challenge the disclosure of public records, and thus Respondent properly filed a petition for a writ of mandamus. Additionally, pursuant to NRS 453A.370(5), the Department of Health and Human Services’ Division of Public and Behavior Health (“Division”) has the proper ...


Lessons For The Usa From The Hague Principles, Linda J. Silberman 2017 New York University School of Law

Lessons For The Usa From The Hague Principles, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

In this article, Professor Silberman offers a review of US choice of law approaches that address party autonomy in international commercial contracts. She explains that choice of law rules in the United States are the province of state, not federal law, and to that end gives examples from two states that have codified choice of law and identifies several states that have an absolute autonomy rule for situations when the parties choose forum law. However, the focus is on the provision in the Restatement (Second) of Conflict of Laws dealing with party autonomy in contracts because most states in the ...


Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders 2017 Northwestern University Pritzker School of Law

Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders

Northwestern University Law Review

The United States Supreme Court’s 2014 decision in Daimler AG v. Bauman changed how the courts will determine whether companies should be subject to general personal jurisdiction. In 1945, Pennoyer v. Neff’s geographical fixation gave way to International Shoe Co. v. Washington, which provided a test for courts to determine whether corporations had sufficient contact with a forum to meet the bar for personal jurisdiction there. Specific jurisdiction requires “minimum contacts,” provided the action is satisfactorily related to the forum. However, to be subject to general jurisdiction, a corporation must possess more than just “minimum contacts,” and claimants ...


Upside-Down Juries, Josh Bowers 2017 University of Virginia School of Law

Upside-Down Juries, Josh Bowers

Northwestern University Law Review

The practical disappearance of the jury trial ranks among the most widely examined topics in American criminal justice. But, by focusing on trial scarcity, scholars have managed to tell only part of the story. The unexplored first-order question is whether juries even do their work well. And the answer to that question turns on the kinds of work jury members are typically required to do. Once upon a time, trials turned upon practical reasoning and general moral blameworthiness. Modern trials have come to focus upon legal reasoning and technical guilt accuracy. In turn, the jury has evolved from a flexible ...


Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff 2017 New York University School of Law

Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff

New York University Law and Economics Working Papers

We consider the emergent practice of including clauses in corporate certificates of incorporation or bylaws that specify an exclusive legal forum for lawsuits. According to their proponents and most courts that have considered the question, such forum-terms are, and should be, enforceable as contractual choice-of-forum provisions. We argue that treating corporate charter and bylaw forum-terms as a matter of ordinary contact doctrine is neither logical nor justified. Because charters and bylaws involve the state in ways that are at odds with private-ordering principles and because they entail only a limited form of “consent,” an analysis of enforceability must account for ...


Empowering Individual Plaintiffs, Alex Stein 2017 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein

Alex Stein

The individual plaintiff plays a critical—yet, under-appreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness.  The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post.  No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result.  Yet, as we show in this Essay, in many key ...


Wynn Resorts, Ltd. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017), Elise Conlin 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Wynn Resorts, Ltd. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017), Elise Conlin

Nevada Supreme Court Summaries

The Court held that the business judgment rule defense alone does not mandate waiver of attorney-client privilege related to discovery documents. The Court also adopted the “because of” test with a “totality of the circumstances” standard to determine when a document falls under the work-product privilege.


19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department of Attorney General, State of Rhode Island 2017 Roger Williams University

19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman 2017 University of Georgia

The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman

Faculty Scholarship

When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database ...


El Poder Oculto De La Prueba Ilícita: ¿Qué Pueden Decirnos La Economía Y La Psicología?, Eduardo Iñiguez, Raúl Feijoo 2017 Selected Works

El Poder Oculto De La Prueba Ilícita: ¿Qué Pueden Decirnos La Economía Y La Psicología?, Eduardo Iñiguez, Raúl Feijoo

Eduardo Iñiguez

En el presente artículo, los autores evalúan los efectos económicos y psicológicos de la “prueba ilícita” en el Perú. 


Hefetz V. Beavor, 133 Nev. Adv. Op. 46 (July 6, 2017), Julia Barker 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hefetz V. Beavor, 133 Nev. Adv. Op. 46 (July 6, 2017), Julia Barker

Nevada Supreme Court Summaries

The Court determined that parties must timely assert the one-action rule as an affirmative defense in their response pleadings. If not, it is waived. As such, the District Court erred when it granted Respondent Beavor’s motion to dismiss pursuant to the one-action rule because he failed to raise that defense in a timely manner.


Utah Marriage And Divorce Laws, Stephen Elmo Averett, Kory Staheli 2017 BYU Law

Utah Marriage And Divorce Laws, Stephen Elmo Averett, Kory Staheli


A summary of current Utah domestic relations law. Current legal forms and sample filing documents are included in the Appendix.


Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr. 2017 University of Kentucky College of Law

Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.

Brian L. Frye

"Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.” In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, to ...


Delucchi V. Songer, 133 Nev. Adv. Op. 42 (June 29, 2017), Krystina Butchart 2017 Nevada Law Journal

Delucchi V. Songer, 133 Nev. Adv. Op. 42 (June 29, 2017), Krystina Butchart

Nevada Supreme Court Summaries

No abstract provided.


"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristen Nelson Royal 2017 University of Florida Levin College of Law

"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristen Nelson Royal

Florida Law Review

Venue is the “proper or a possible place for a lawsuit to proceed,” and its purpose is to ensure all possible fairness and convenience for parties to litigation, especially the defendant. Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in litigation is located. Although determining where a defendant lives or where property is located is fairly simple, determining where a cause of action accrued can prove more difficult. In an action for tort, courts have indicated ...


"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristin Nelson Royal 2017 University of Florida Levin College of Law

"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristin Nelson Royal

Florida Law Review

Venue is the “proper or a possible place for a lawsuit to proceed,” and its purpose is to ensure all possible fairness and convenience for parties to litigation, especially the defendant. Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in litigation is located. Although determining where a defendant lives or where property is located is fairly simple, determining where a cause of action accrued can prove more difficult. In an action for tort, courts have indicated ...


Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher 2017 University of Georgia School of Law

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.


Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan 2017 Nevada Law Journal

Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

Naming all relevant parties as defendants, pursuant to NRS 612.530(1), is a mandatory jurisdictional requirement. Failure to follow this statutory requirement deprives the district court of its jurisdiction to hear a petition for judicial review.


Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh 2017 St. John's University School of Law

Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh

Washington and Lee Law Review Online

The House of Representatives has passed H.R. 720, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure by re‑instituting mandatory sanctions for Rule 11 violations and essentially restoring Rule 11 to its contents under the 1983 amendments to the Federal Rules of Civil Procedure. The legislation would mandate imposition of monetary sanctions and eliminate any restrictions on when a Rule 11 motion could be filed. The bill would thus scuttle the 1993 Amendments, which (1) entrusted the sanctions decision to the sound discretion of the trial court; (2) provided a 21‑day safe ...


Notas A Tener En Cuenta Sobre El Contradictorio Procesal, Según El Ix Pleno Casatorio Civil, A Fin De, Irónicamente, Evitar Pronunciamientos Similares Al Citado Pleno, Paul Cajacuri Jancachagua 2017 Universidad Nacional Mayor de San Marcos

Notas A Tener En Cuenta Sobre El Contradictorio Procesal, Según El Ix Pleno Casatorio Civil, A Fin De, Irónicamente, Evitar Pronunciamientos Similares Al Citado Pleno, Paul Cajacuri Jancachagua

Paul Cajacuri Jancachagua

En el IX Pleno Casatorio Civil, el tema abordado consistió en determinar si debía o no analizarce la validez del título presentado en aquellas pretensiones que se ventilen en la vía procedimental sumarísima. Asimismo, se trató de definir la amplitud del poder otorgado al Juez en virtud del artículo 220° del Código Civil.
En ese sentido, el presente artículo tiene como fin informar las variaciones en la estructura del proceso sumarísimo a raíz de los precedentes establecidos en el citado pleno casatorio.


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