Law Commons^™

Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson

UNLV Gaming Law Journal

In their search for new sources of revenue, states have legalized and sought to tax many kinds of gaming. Forty-eight of the fifty states of the United States permit one or more types of legal gaming. An important technique in casino and some other types of gaming is giving “comps” – complimentary goods or services – to player-customers. A frequent type of comp is free meals on the casino premises or elsewhere. Gaming establishments also often give free meals to their employees.

Comps have been controversial for federal income tax purposes. A recent Nevada case, Sparks Nugget, and related cases …

When The Governor Legislates: Post-Enactment Budget Changes And The Separation Of Powers In Nevada, Joanna M. Myers

Nevada Law Journal

This Note addresses two key questions. First, it addresses whether Governor Gibbons's attempt to unilaterally cut the budget violates Nevada law and the Nevada Constitution. Second, it addresses whether the Governor's continued spending of federal stimulus money pursuant to allegedly delegated authority also violates Nevada law and the presentment requirements of the Nevada Constitution. Alternatively, would a Nevada statute granting the Governor power to unilaterally increase, reduce, or withhold the budget of state agencies constitute an excessive and unconstitutional delegation of legislative power to the Governor?

This Note attempts to answer this question through a multi-faceted and detailed discussion examining …

Covenants Not To Compete In Nevada: A Proposal, Elham Roohani

Nevada Law Journal

This Note offers a balanced standard for Nevada's restrictive covenant laws in the employment context. First, Part I defines “covenants not to compete” and explains how they have developed. Second, Part II examines other states' treatment of restrictive covenants in the employment context. Third, part III proposes a solution for Nevada that balances tensions between employers and employees in light of Nevada's unique workforce and economic makeup. By discussing Nevada's specific considerations, this Note aims to guide Nevada's legislators when discussing and adopting new laws respecting covenants not to compete.

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 …

The Insurance Policy As Statute, Jeffrey W. Stempel

Scholarly Works

Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective primacy …