Law Commons^™

The National Conference Of State Legislatures’ Attempt To Reform The Initiative Process: What Nevada Needs To Do To Heed The Ncsl’S Advice, Miranda Mahe

Nevada Law Journal

This article examines the initiative process. Currently, twenty-four states utilize the initiative process in one form or another as a popular way for their citizens to directly voice their opinion on what laws they want passed. Unfortunately, the process is somewhat prone to fraud. A petition’s proponents usually pay circulators for each signature they obtain, whether or not the Secretary of State ultimately validates it.

In Part II, this Note looks at the history of the initiative process, the initiative process in Nevada, in particular, and the National Conference of State Legislature’s recommendations. Part III analyzes which recommendations Nevada has …

Lawyers In Character And Lawyers In Role, Katherine R. Kruse

Nevada Law Journal

This essay explores the possibilities that Leonard Riskin's call for the development of the trait of mindfulness offers for the discussion of lawyers' roles and lawyers' characters in legal ethics. First, the article explains three ways that the problems associated with legal professionalism have been framed within legal ethics, and critique the underlying assumptions that animate the dominant framing of the problems of professionalism in legal ethics. Next, it expounds the work of the two most prominent legal ethicists who have proposed the development of distinctively lawyerly character traits: Anthony Kronman's call for the revival of a “lawyer-statesman” ideal in …

What Does It Mean To Do The Right Thing?, Ran Kuttner

Nevada Law Journal

This Article will explore how the practice of mindfulness and the cultivation of wisdom as understood in the Buddhist philosophy can help develop a mindset that will assist lawyers and conflict resolution specialists to make conscious ethical decisions and to do the “right thing” in different situations. It will draw a distinction between the two central terms, “mindfulness” and “wisdom,” clarify the philosophical underpinnings of “wisdom,” introduce foundational concepts in Buddhist philosophy, and suggest that in order to cultivate the aforementioned mindset, it is important to go beyond “mindfulness” and meet the challenges that the cultivation of “wisdom” pose. Part …