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Articles 1 - 8 of 8
Full-Text Articles in Law
Summary Of Douglas Disposal, Inc. V. Wee Haul, Llc, 123 Nev. Adv. Op. No. 51, Nevada Law Journal
Summary Of Douglas Disposal, Inc. V. Wee Haul, Llc, 123 Nev. Adv. Op. No. 51, Nevada Law Journal
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Nelson V. State, 123 Nev. Adv. Op. No. 50, Airene Haze
Summary Of Nelson V. State, 123 Nev. Adv. Op. No. 50, Airene Haze
Nevada Supreme Court Summaries
No abstract provided.
The Constitutional Structure Of Disestablishment, Ian C. Bartrum
The Constitutional Structure Of Disestablishment, Ian C. Bartrum
Scholarly Works
This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method of inference from the structure and relationships created by the Constitution." The article takes a structural approach to the Establishment Clause: it reexamines the theoretical foundations of disestablishment, and infers a constitutional structure designed to create a dialectical relationship between political institutions and social institutions. The structural thesis requires that our political institutions safeguard individual liberty of conscience by bracketing all religious questions. The antithesis ensures the existence of free and independent social organizations dedicated to building public virtue. The article then applies the structural …
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Scholarly Works
This Article examines the metaphorical and metonymical framing of corporate money in Supreme Court decisions about campaign finance regulation. Metaphorical influences (corporation as a person, spending money as speech, marketplace of ideas as the model for First Amendment analysis) affected early decisions about the regulation of corporate spending in election campaigns. Later, a metonymical move to isolate corporate money and then to focus on its malevolent tendencies displaced the earlier view of corporate money as speech. This movement was best depicted in McConnell v. Federal Election Commission, 540 U.S. 93 (2003), the Supreme Court's 2003 decision on the Bipartisan Campaign …
Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos
Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos
Scholarly Works
This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.
Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …
Developing Las Vegas: Creating Inclusionary Affordable Housing Requirements In Development Agreements, Ngai Pindell
Developing Las Vegas: Creating Inclusionary Affordable Housing Requirements In Development Agreements, Ngai Pindell
Scholarly Works
The lack of affordable shelter for all of America's families often appears to be an immutable part of America's housing landscape. If the inclusionary housing regime in Las Vegas allowed local governments and developers any discretion in the decision to include affordable housing in a particular development agreement, the regime would have to establish an equivalent mechanism such as individual developer suits to check abuses of this discretion. A potential safeguard of effective affordable housing planning under development agreements could be the expertise of planners and other local government officials. Inclusionary housing requirements within development agreements ensure affordable housing issues …
Restoring The Lost World Of Classical Legal Thought: The Presumption In Favor Of Liberty Over Law And The Court Over The Constitution, Thomas B. Mcaffee
Restoring The Lost World Of Classical Legal Thought: The Presumption In Favor Of Liberty Over Law And The Court Over The Constitution, Thomas B. Mcaffee
Scholarly Works
In 1998, legal historian William M. Wiecek published a book outlining the basic legal ideology that brought us the “Lochner era” in Supreme Court decision-making. It was fittingly entitled, The Lost World of Classical Legal Thought in America: Law and Ideology, 1886-1937. Wiecek demonstrated that the “classical” legal thought that generated the “libertarian” decision-making of the Lochner era, which occurred during the first third or so of the twentieth century, was the attempt to bring Lockean political principles directly to bear on the task of interpreting the 1787 Constitution in the post-Reconstruction era. In 2004, Professor Randy E. Barnett contends …
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
Scholarly Works
Having spent much of her academic life battling companies' mandatory imposition of binding arbitration on consumers and employees, the author now switches gears. This Article contemplates whether mandatory binding arbitration is acceptable if imposed by the government on companies (governmental mandatory arbitration) rather than by companies on their employees and consumers (private mandatory arbitration). Specifically, the Article considers the possibility of statutes that would provide little guys (consumers and employees) with an opportunity to take their disputes to binding arbitration rather than litigation. If the little guys chose arbitration over litigation, post-dispute, companies would have to agree to such arbitration, …