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Full-Text Articles in Law

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein Sep 2023

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

No abstract provided.


Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric Mar 2023

Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric

Nevada Law Journal

No abstract provided.


Restorative Justice And Anti-Racism, Martha Minow Jun 2022

Restorative Justice And Anti-Racism, Martha Minow

Nevada Law Journal

No abstract provided.


No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler Jun 2022

No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler

Nevada Law Journal

No abstract provided.


Fear, Insanity, And Loathing In Nevada, Alexandra Mateo Mar 2022

Fear, Insanity, And Loathing In Nevada, Alexandra Mateo

Nevada Law Journal

No abstract provided.


Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps Sep 2021

Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps

Nevada Law Journal

No abstract provided.


The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields Jun 2021

The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields

Nevada Law Journal

No abstract provided.


Reversing The Decriminalization Of Sexual Violence, Lisa Avalos Sep 2020

Reversing The Decriminalization Of Sexual Violence, Lisa Avalos

Nevada Law Journal

No abstract provided.


The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton May 2020

The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton

Nevada Law Journal Forum

Domestic violence occurs at alarming rates in all socioeconomic levels, races, locations, sexual orientations, and professions. Domestic violence occurs at similar frequencies among religious and non-religious individuals. Clergy play an important role in religious communities. The clergy-penitent privilege was created to protect the relationship between clergy and communicant and prevents clergy from testifying about spiritual communications. However, the privilege is currently an absolute privilege which is unnecessary and hurts victims and survivors of domestic violence. Additionally, the statutorily written privilege is not aligned with the application and practice of the privilege. Practice indicates clergy tend to desire to testify and …


Breaking The Cycle: How Nevada Can Effectuate Meaningful Criminal Justice Reform, Scott Cooper, Scott Whitworth May 2020

Breaking The Cycle: How Nevada Can Effectuate Meaningful Criminal Justice Reform, Scott Cooper, Scott Whitworth

Nevada Law Journal Forum

Why does society punish criminals? This paper examines what Nevada is attempting to accomplish through enacting and enforcing its criminal laws. We examine the current state of, as well as the challenges facing, Nevada’s criminal justice system. Additionally, we identify and propose certain solutions to reduce both recidivism and the financial burden that incarceration imposes on the state by looking to best practices in other states, as well as certain mechanisms and provisions that were, for one reason or another, removed from Nevada Assembly Bill 236.


In-Game Currencies, Skin Gambling, And The Persistent Threat Of Money Laundering In Video Games, J. Gregory Cloward, Brett L. Abarbanel Mar 2020

In-Game Currencies, Skin Gambling, And The Persistent Threat Of Money Laundering In Video Games, J. Gregory Cloward, Brett L. Abarbanel

UNLV Gaming Law Journal

No abstract provided.


Mental Health And The Constitution: How Incarcerating The Mentally Ill Might Pave The Way To Treatment, Samantha M. Caspar, Artem M. Joukov Mar 2020

Mental Health And The Constitution: How Incarcerating The Mentally Ill Might Pave The Way To Treatment, Samantha M. Caspar, Artem M. Joukov

Nevada Law Journal

No abstract provided.


Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley Sep 2019

Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley

Nevada Law Journal

No abstract provided.


To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod May 2019

To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod

Nevada Law Journal Forum

This white paper aims to discuss the issues associated with bail reform in Nevada, provide an analysis of bail reform efforts across the country, and purpose possible solutions for obstacles to bail reform in Nevada. The white paper’s proposed recommendations for practical bail reform is a three-phase plan to eliminate the injustices that arise from Nevada’s current cash bail model.


Defending The Spirit: The Right To Self-Defense Against Psychological Assault, Kindaka J. Sanders Sep 2018

Defending The Spirit: The Right To Self-Defense Against Psychological Assault, Kindaka J. Sanders

Nevada Law Journal

No abstract provided.


Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre May 2018

Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre

Nevada Law Journal

No abstract provided.


Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones May 2018

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones

Nevada Law Journal

No abstract provided.


Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman Sep 2017

Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman

Nevada Law Journal

No abstract provided.


Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens Sep 2017

Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens

Nevada Law Journal

No abstract provided.


Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum Apr 2017

Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum

Nevada Law Journal Forum

In Martinez v. Ryan, the United States Supreme Court held the ineffective assistance of post-conviction counsel, or the lack of representation in a state post-conviction proceeding, provides cause to allow a federal habeas petitioner to overcome a procedural default on an ineffective assistance of trial counsel claim. This represented a radical shift in the criminal justice system. Prior to Martinez, state post-conviction proceedings—the typical mechanism for a criminal defendant to challenge the performance of his trial attorney—were not heavily scrutinized. It was understood and accepted that defendants did not have the right to counsel in these post-conviction proceedings. Whether a …


Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca Apr 2017

Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca

Nevada Law Journal Forum

Nevada is amongst the minority of states without statewide criminal procedure rules. Statewide rules are important because they promote fairness, regularity, and transparency regardless of where in the state a criminal case is being adjudicated and who it is being adjudicated in front of. This report intends to compare the varying states’ criminal procedure rules, to provide Nevada’s legal community with an awareness of how rules can be structured, what rules are included, and how rules interact with statutes and other court rules. If Nevada chooses to follow in the path of the forty-seven states and develop statewide criminal procedure …


Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser Mar 2017

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.


On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring Mar 2017

On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring

Nevada Law Journal

No abstract provided.


My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld Mar 2017

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld

Nevada Law Journal

No abstract provided.


Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom Mar 2017

Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom

Nevada Law Journal

No abstract provided.


Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero Mar 2017

Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero

Nevada Law Journal

No abstract provided.


Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim Mar 2017

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.


Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac Mar 2017

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac

Nevada Law Journal

No abstract provided.


Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon Mar 2017

Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon

Nevada Law Journal

No abstract provided.


Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller Jun 2016

Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller

Nevada Law Journal

No abstract provided.