Law Commons^™

Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91, Stephanie Bedker

Nevada Supreme Court Summaries

The Court determined that (1) when seeking to maintain parental rights, parents have a right to bring material evidence rebutting a NRS 432B.450 presumption that a child is in need of protection; and (2) that district courts cannot rely on juvenile court findings of intentional abuse to terminate parental rights where such evidence has been improperly excluded.

Summary Of Henson V. Henson, 130 Nev. Adv. Op. 79, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) survivor benefits must be specifically set forth in a divorce decree notwithstanding NRS 286.590, which does not automatically confer survivor benefits and (2) immediate payment of benefits to a former non-employee spouse must be requested by motion, in accordance with California’s approach in In re Marriage of Cornejo.

[1] 916 P.2d 476 (Cal. 1996).

Summary Of Major V. State, 130 Nev. Adv. Op. 70, Christian Spaulding

Nevada Supreme Court Summaries

In a child abuse case, where a family court has previously imposed an obligation on the defendant for the costs of supporting a child placed in the care of social services, the Supreme Court of Nevada determined the district court has jurisdiction to grant restitution to the State for the cost of such child care but must be offset the restitution amount by the amount of the support obligation imposed by the family court.

Summary Of Holdaway-Foster V. Brunell, 130 Nev. Adv. Op. 51, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether (1) the Full Faith and Credit for Child Support Orders Act of 1994 applies retroactively, and (2) Nevada had continuing, exclusive jurisdiction over a 1985 child support order modified in Hawaii.

Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether the six-month statute of limitations set forth in NRCP 60(b) applies to a motion for relief from a divorce decree, and (2) under what circumstances a marital asset adjudicated in court but omitted from the final divorce decree may be partitioned through a motion for relief from judgment.

Summary Of Druckman V. Ruscitti, 130 Nev. Adv. Op. 50, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) the child custody rights of unmarried parents when the father’s paternity has been established pursuant to statute; and (2) whether the district court abused its discretion when it awarded primary physical custody of the child to the mother and granted the mother’s relocation request.

Summary Of Gonzales-Alpizar V. Griffith, 130 Nev. Adv. Op. 2, Michael Paretti

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the Uniform Interstate Family Support Act (UIFSA) allows for the enforcement of a foreign support order; and (2) whether a foreign support order is enforceable under the doctrine of comity.

The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum

Scholarly Works

When the Ninth Circuit handed down Witt v. Department of the Air Force, President Obama and then-Solicitor General Kagan declined to take an appeal to the Supreme Court. At the time, it seemed that most advocates of “Don’t Ask, Don’t Tell” believed that the administration made that decision because it was afraid the Supreme Court would reverse the Ninth Circuit. If that fear was perhaps well-founded in 2009, it is certainly less so now. In the wake of SmithKline Beecham Corp. v. Abbott Laboratories, as well as recent District Court decisions, opponents of federal constitutional protection for gay people …

Flexible Feminism And Reproductive Justice: An Essay In Honor Of Ann Scales, Lynne Henderson

Scholarly Works

Professor Ann Scales began her distinguished career by taking feminism and reproductive justice seriously. She became a leading feminist voice and influence on a number of topics. In later years, she returned to concerns about reproductive justice by presciently emphasizing the need to preserve women’s access to abortions.

This Essay discusses Professor Scales’s concerns and feminist method and then turns to reproductive justice. The Essay notes that, with Scales, a right to abortion is foundational for reproductive justice. The Essay then examines the increasing narrowing of access to abortion through law. The Essay next examines a current crisis over access …

Dreams Of My Father, Prison For My Mother: The H-4 Nonimmigrant Visa Dilemma And The Need For An "Immigration-Status Spousal Support", Stewart Chang

Scholarly Works

In this article, Professor Stewart Chang uses the situation of H-4 visa derivatives in the Asian Indian immigrant community as a case study to expose and critique larger incongruities within current American immigration policy, which on the one hand has historically extolled individuality, equality, and workforce participation as avenues to the American Dream, while enforcing gender hierarchy and dependency through requirements that prioritize family unity on the other. These incongruities remain largely unnoticed because the culture of dependency is often attributed to traditional ethnic culture, which then becomes the site of scrutiny and blame. The H-4 visa dilemma in the …