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Articles 1 - 30 of 78
Full-Text Articles in Law
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Nevada Supreme Court Summaries
Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.
Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner
Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati
Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati
Nevada Supreme Court Summaries
The sister of a manslaughter victim, on her mother’s behalf, brought an action against the felon, who wrote a book regarding the killing of the victim, seeking to recover the felon’s book proceeds under the Nevada “Son of Sam” law. The district court found the applicable Nevada statute to be unconstitutional and dismissed the plaintiff’s action. Plaintiff appealed.
Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati
Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati
Nevada Supreme Court Summaries
Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.
Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal
Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal
Nevada Supreme Court Summaries
General contractor’s petition for writ of mandamus or certiorari against partial summary judgment granted by the First Judicial District Court, State of Nevada, dismissing mechanic’s lien against property owner.
Summary Of Maki V. Chong, 119 Nev. Adv. Op. No. 46, Hilary Barrett
Summary Of Maki V. Chong, 119 Nev. Adv. Op. No. 46, Hilary Barrett
Nevada Supreme Court Summaries
Appeal from a district court order applying the statutory homestead exemption to a debtor’s real property.
Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett
Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett
Nevada Supreme Court Summaries
Appeal from a judgment of conviction and sentence entered after a guilty plea.
Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal
Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal
Nevada Supreme Court Summaries
General contractor’s petition for writ of mandamus or certiorari against partial summary judgment granted by the First Judicial District Court, State of Nevada, dismissing mechanic’s lien against property owner.
Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis
Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis
Nevada Supreme Court Summaries
Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.
Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett
Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett
Nevada Supreme Court Summaries
Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.
Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett
Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment in a quiet title action.
Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep
Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep
Nevada Supreme Court Summaries
Expedited appeal from an order of the Second Judicial District Court, State of Nevada, granting a motion to suppress evidence of narcotics obtained by searching defendant after arrest for two minor traffic violations.-flas
Summary Of Buchanan V. State, Akke Levin
Summary Of Buchanan V. State, Akke Levin
Nevada Supreme Court Summaries
Appeal from a judgment by the Second Judicial District Court of Washoe County, convicting Denise Dianna Buchanan of two counts of first-degree murder.
Salt On The Lsat, Society Of American Law Teachers
Salt On The Lsat, Society Of American Law Teachers
Statements
In 2003, Society of American Law Teachers issued a statement in which SALT expressed a concern with over-reliance on the LSAT and provided proposals for reform.
Summary Of Edington V. Edington, 119 Nev. Adv. Rep. 62, Z. Ryan Pahnke
Summary Of Edington V. Edington, 119 Nev. Adv. Rep. 62, Z. Ryan Pahnke
Nevada Supreme Court Summaries
Appeal from a district court order denying a motion to modify a divorce decree and denying a motion for attorney fees.
Summary Of Harris Assoc. V. Clark County Sch. Dist., Beth Rosenblum
Summary Of Harris Assoc. V. Clark County Sch. Dist., Beth Rosenblum
Nevada Supreme Court Summaries
Appeal from a judgment by the Eighth Judicial District Court, State of Nevada, denying the appellant’s motion to compel arbitration.
Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson
Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson
Nevada Supreme Court Summaries
Appeal from an Eighth Judicial District Court, Las Vegas Nevada order certified as final under NRCP 54(b) granting Respondent Mila’s motion for partial summary judgment to dismiss Appellant Huntington’s third party complaint.
Summary Of Hathaway V. State, Melanie Koep
Summary Of Hathaway V. State, Melanie Koep
Nevada Supreme Court Summaries
Proper person appeal from an order of the Eighth Judicial District Court, Honorable John S. McGroarty, denying appellant’s post-conviction petition for writ of habeas corpus.
Summary Of Mack V. State, Kristen L. Gallagher
Summary Of Mack V. State, Kristen L. Gallagher
Nevada Supreme Court Summaries
A neighbor found Betty May murdered in her room at a boarding house. An autopsy determined that May died by strangulation and suffered a traumatic sexual penetration just prior to her death. Semen and blood samples were taken from May’s body and clothing at the time of her death, and after twelve years passed, a detective ordered DNA testing of the evidence. Defendant Daryl Linnie Mack was charged with the first-degree murder of Betty May. Law enforcement obtained a blood and saliva sample from Mack at two different times during the investigation. Both the semen and the blood stains matched …
Summary Of Meridian Gold Co. V. State Ex Rel Dep’T Of Tax., Beth Rosenblum
Summary Of Meridian Gold Co. V. State Ex Rel Dep’T Of Tax., Beth Rosenblum
Nevada Supreme Court Summaries
Appeal from judgment of the Second Judicial District Court, Washoe County, affirming a Nevada Department of Taxation tax deficiency determination.
Summary Of Matter Of T.R., 119 Nev. Adv. Op. 67, Kathleen Hamers
Summary Of Matter Of T.R., 119 Nev. Adv. Op. 67, Kathleen Hamers
Nevada Supreme Court Summaries
Appeal from the Eighth Judicial District Court, Family Court Division order finding a juvenile delinquent for sexual assault of a victim under the age of fourteen.
Summary Of Sellers V. Fourth Judicial Dist. Ct., Nevada Law Journal
Summary Of Sellers V. Fourth Judicial Dist. Ct., Nevada Law Journal
Nevada Supreme Court Summaries
The real party in interest Richard Matthews brought an action for unpaid attorney’s fees against the petitioner Dean Sellers in Elko, Nevada’s Justice Court. Both Matthews, an attorney, and Sellers, a non-attorney, represented themselves. The court entered judgment for Matthews. The award included Matthews’ principle claim of $5,075.00, pre-judgment interest, costs of $230.001 and attorney’s fees of $1,500.002. Sellers unsuccessfully appealed to the District Court.3 Subsequently, Sellers filed a proper person petition for a writ of certiorari in the Nevada Supreme Court. The petition challenged the justice court’s judgment awarding damages, pre-judgment interest, costs and attorney fees. The court granted …
Summary Of State V. Gameros-Perez, Mike Feliciano
Summary Of State V. Gameros-Perez, Mike Feliciano
Nevada Supreme Court Summaries
Jose Simon Gameros-Perez and Isidro Benitez-Medina, Respondents, were believed to be in possession of illegal narcotics and paraphernalia in their apartment. The Washoe County Sheriff telephonically applied for and obtained a warrant to search the respondents’ apartment pursuant to NRS 179.045(2). The magistrate issued the warrant based on sworn oral statements that were later transcribed. The warrant contained a statement that probable cause existed to believe the respondents were in possession of illegal narcotics and paraphernalia. It did not, however, contain an actual recitation of the probable cause for the search. Upon execution of the warrant, heroin was found in …
Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen
Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment in favor of the city after a homeowner filed a claim alleging faulty construction of a drainage channel was the proximate cause of flood damage to his house.
Summary Of West V. State, Amanda Yen
Summary Of West V. State, Amanda Yen
Nevada Supreme Court Summaries
On February 5, 2001, the general manager of Canyon Gate Mini Storage discovered the decomposing body of Christine Smith in the storage unit owned by Smith and her daughter, appellant Brookey Lee West. Smith’s body was sealed in a garbage can wrapped with duct tape, garbage bags and cellophane wrap. A white plastic bag, knotted at the back of her head, covered Smith’s nose and mouth. Upon searching West’s apartment, police discovered Smith’s bank statements. The police determined that there were numerous ATM withdrawals on Smith’s bank account after February 1998, when Smith was last seen alive. West was charged …
The Rise And Spread Of Mandatory Arbitration As A Substitute For The Jury Trial, Jean R. Sternlight
The Rise And Spread Of Mandatory Arbitration As A Substitute For The Jury Trial, Jean R. Sternlight
Scholarly Works
THE CIVIL JURY trial is fast disappearing from our legal landscape, and one important reason for its disappearance is the rapid growth of mandatory arbitration. Yet, the imposition of mandatory arbitration eliminates the civil jury, and often this elimination is not made through a knowing, voluntary, or intelligent waiver. As I have argued elsewhere in greater detail, unless federal courts are generally willing to abandon the Seventh Amendment "knowing/voluntary/intelligent" civil jury trial waiver standard, they need to significantly revise their approach to mandatory arbitration clauses. If a given state allows the civil jury trial right to be waived through a …
"Venn" And The Art Of Shared Governance, Nancy B. Rapoport
"Venn" And The Art Of Shared Governance, Nancy B. Rapoport
Scholarly Works
This article discusses the concept of shared governance in the context of a law school that is part of a university. It argues that the governance of a law school is a shared process between the dean/administration and the faculty. It explains why law schools can't be run the way that businesses are run, and it tries to explain governance in terms of jurisdiction.
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
Scholarly Works
On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.
The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder," to …
Forgetfulness, Fuzziness, Functionality, Fairness And Freedom, In Dispute Resolution, Jeffrey W. Stempel
Forgetfulness, Fuzziness, Functionality, Fairness And Freedom, In Dispute Resolution, Jeffrey W. Stempel
Scholarly Works
Professor Subrin is a self-professed traditionalist who has been one of the most forceful defenders of what I might term neo-traditional “Clarkian” litigation. By that, I mean the model of civil disputing in which litigation is a primary vehicle. More important, the litigation is based on notice pleading, broad discovery, and a preference for adjudication on the merits.
Key Subrin works over the years have focused on the historical path of the Clarkian model, which served to fuel much of the law revolution of the mid-Twentieth Century, to the “new era” of civil procedure and dispute resolution that dominated the …
Summary Of Meyer V. State, 119 Nev. Adv. Rep. 61, Timothy W. Roehrs
Summary Of Meyer V. State, 119 Nev. Adv. Rep. 61, Timothy W. Roehrs
Nevada Supreme Court Summaries
“The right to trial by jury, if it is to mean anything, must mean the right to a fair and impartial jury. A litigant is therefore entitled to a jury composed of 12 impartial jurors; …a party has the right to have that decision, whether for or against him, based on the honest deliberations of 12 such individuals.”2 The legitimacy of our justice system hinges on the fact that the results of trials, as dictated by a jury of one’s peers, remain free from the taint of extrinsic evidence and are grounded solely on the evidence presented by the parties …