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Articles 1 - 21 of 21
Full-Text Articles in Law
Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes
Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes
Nevada Supreme Court Summaries
To “provide” health benefits under the Minimum Wage Amendment, an employer need only offer to employees (rather than enroll them in) a qualifying health benefit plan. Tips are not included in an employee’s gross taxable income for calculating maximum health benefit plan premiums.
Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr.
Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr.
Nevada Supreme Court Summaries
The Minimum Wage Amendment (MWA) of the Nevada Constitution does not have a specific statute of limitations provision. Because the MWA is closely analogous to recovery for back pay under NRS 608.260, the two-year statute of limitations provision in NRS 608.260 applies, and not the catch-all four-year period from NRS 11.220.
Nev. Yellow Cab, Et Al., V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 77 (Oct. 27, 2016)., Beatriz Aguirre
Nev. Yellow Cab, Et Al., V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 77 (Oct. 27, 2016)., Beatriz Aguirre
Nevada Supreme Court Summaries
The Court, sitting en banc, considered a writ of mandamus challenging a district court order denying a motion dismiss and motion for summary judgment. The Court held that its previous decision in Thomas v. Nevada Yellow Cab Corp. applied retroactively. As a result, the Minimum Wage Amendment (the “Amendment”) to the Nevada Constitution passed by Nevada voters in 2006 included taxicab driver wages.
Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas
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 …
Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz
Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz
Nevada Supreme Court Summaries
No abstract provided.
State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang
State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang
Nevada Supreme Court Summaries
The Court held that the district court abused its discretion when overturning a misdemeanor driving under the influence conviction by failing to consider the state’s evidence of the defendant’s guilt.
Lewis V. Lewis, 132 Nev. Adv. Op. 46 (June 30, 2016), Paul George
Lewis V. Lewis, 132 Nev. Adv. Op. 46 (June 30, 2016), Paul George
Nevada Supreme Court Summaries
A contempt order that does not contain a purge clause is criminal in nature, therefore the Sixth Amendment right to counsel applies.
Scenic Nevada, Inc. V. City Of Reno, 132 Nev. Adv. Op. 48 (June 30, 2016), Paul George
Scenic Nevada, Inc. V. City Of Reno, 132 Nev. Adv. Op. 48 (June 30, 2016), Paul George
Nevada Supreme Court Summaries
The Nevada Constitution, Article 19, § 2(3), prohibits the Legislature from amending or repealing a voter initiative statute for the first three years after it takes effect. The Court held that this three year moratorium also applies to voter-initiated municipal ordinances. The Court, therefore, upheld the lower court’s denial of declaratory relief because the legislature passed/reenacted the challenged ordinance after the moratorium expired.
Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan
Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan
Nevada Supreme Court Summaries
Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.
Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker
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.
Grupo Fasma V. The Eighth Judicial Dist. Ct. Of The State Of Nv, 132 Nev. Adv. Op. 29 (Apr. 21, 2016), Kristen Matteoni
Grupo Fasma V. The Eighth Judicial Dist. Ct. Of The State Of Nv, 132 Nev. Adv. Op. 29 (Apr. 21, 2016), Kristen Matteoni
Nevada Supreme Court Summaries
Merely because service of process complies with the Hague Convention does not necessarily mean that it complies with constitutional Due Process. Here, the district court failed to conduct adequate fact-finding necessary to determine whether service of process complied with constitutional Due Process. Accordingly, the Court issued a writ of prohibition instructing the district court to vacate its order denying Grupo’s motion to quash so that an evidentiary hearing may be held on the matter.
State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow
State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow
Nevada Supreme Court Summaries
After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death of each murder. The district court denied Defendant’s motion to suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to …
City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby
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.
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Kelley V. State, 132 Nev. Adv. Op. 32 (Apr. 28, 2016), Mackenzie Warren
Kelley V. State, 132 Nev. Adv. Op. 32 (Apr. 28, 2016), Mackenzie Warren
Nevada Supreme Court Summaries
The Court determined (1) the charge of misdemeanor reckless driving, NRS § 484B.653(1)(a) is a lesser included offense of felony eluding a police officer, NRS 484B.550(3)(b) and thus, (2) the appellant may not be punished for both crimes because the Double Jeopardy Clause prohibits such conviction.
Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad
Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad
Nevada Supreme Court Summaries
This case involved the question of whether a counties’ approval of subdivision maps and street dedications which included a drainage system constituted inverse condemnation where the plaintiff’s property flooded as a result. The Supreme Court of Nevada adopted a six part element test for inverse condemnation, and determined that genuine issues of material fact existed as to whether the County’s actions constituted substantial involvement in the drainage system sufficient to deem it public use.
When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan
When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan
Scholarly Works
The legal protection of free speech for immigrants in the United States is surprisingly limited, and it may be under more threat than is commonly understood. Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the Constitutional protections that we normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, a broad claim has been made by the Department of Justice that immigrants who have not been legally admitted to the country have …
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores free speech and federalism issues arising from FDA regulation of off-label uses and off-label marketing of drugs. In light of the FDA's desire to respect state government authority, together with other considerations discussed in this article, he argues for the rejection of the analysis of the Caronia court and to give the FDA significant leeway in its regulation of off-label marketing.
James Wilson In The State House Yard: Ratifying The Structures Of Popular Sovereignty, Ian C. Bartrum
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' individual experience …
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.
Shrinking The Post-Plenary Power Problem, Michael Kagan
Shrinking The Post-Plenary Power Problem, Michael Kagan
Scholarly Works
In this essay, Professor Michael Kagan responds to Professor Matthew J. Lindsay's article, Disaggregating “Immigration Law.” Professor Kagan posits a majority of Supreme Court justices appear to be at least occasionally uneasy with the plenary power doctrine that has shaped immigration law since the Chinese Exclusion Case, but they are not all sure how to live without it either. He argues so long as this remains the case, the Court’s immigration jurisprudence is likely to be incrementally favorable to immigrants on the whole, but tentative, inconsistent, and incoherent in some important ways. He concludes the importance of Professor Lindsay’s intervention …