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Articles 31 - 60 of 95
Full-Text Articles in Law
Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway
Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, upon a jury verdict, of two counts of burglary while in possession of a deadly weapon, two counts of conspiracy to commit robbery, and four counts of robbery with use of a deadly weapon.
Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston
Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston
Nevada Supreme Court Summaries
Appeal from an order of the district court dismissing appellant’s post-conviction petition for a writ of habeas corpus in a death penalty case.
Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway
Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment in an eminent domain action that held that appellant’s condemnation action was barred, under NRS 334.030, once governmental agency designated a railroad as surplus government property.('v
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Scholarly Works
The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …
From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson
From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson
Scholarly Works
This Article is intended to serve as a roadmap for law professors and law review editors alike in their efforts to find a better way for students to evaluate articles. Further, this Article aims to offer low-cost ways to improve the institution of student-run law reviews by strengthening editors' evaluation skills and processes. This Article is divided into three main parts. Part II of this Article, Manifestations of Systemic Bias, develops a theory of the safe-dissent continuum and employs this theory to determine whether there is empirical support for claims of bias in article evaluation and the legal discourse. Part …
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Nevada Supreme Court Summaries
Appeal from a district court order holding that self-insured employers under Nevada’s Workers’ Compensation Act can not seek reimbursement from the Nevada Insurance Guaranty Association for amounts that should have been paid by appellant’s insolvent excess insurance carrier.
Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston
Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston
Nevada Supreme Court Summaries
Appeal from a district court’s order denying declaratory relief to a servient estate owner seeking authorization to unilaterally relocate an easement across its property.
Summary Of Hd Supply Facilities Maint. V. Bymoen, 125 Nev. Adv. Op. No. 20, Casey G. Perkins
Summary Of Hd Supply Facilities Maint. V. Bymoen, 125 Nev. Adv. Op. No. 20, Casey G. Perkins
Nevada Supreme Court Summaries
Certified questions from the United States District Court, District of Nevada, arising from a action by HD Supply Facilities Maint., Ltd. (“HDS”), seeking enforcement of restrictive employment covenants against its former employee, Leif Bymoen (“Bymoen”) and Bymoen’s current employer AZ Partsmaster, Inc. (“AZP”). The questions each relate to whether the Nevada rule, set forth by the Nevada Supreme Court in Traffic Control Servs. v. United Rentals,2 prohibiting the assignment of noncompetition covenants in asset purchase transactions “applies when a successor corporation acquires covenants of noncompetition, nonsolicitation, or confidentiality as a result of a merger.”
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
Nevada Supreme Court Summaries
Appellant Daniel Anthony Ramet was convicted of first-degree murder. On appeal, Ramet contended that the testimony concerning his refusal to consent to a search of his home, taken together with the prosecutor’s comment on it, was violative of his Fourth Amendment rights. The Court concluded that the district court erred in allowing testimony and argument regarding Ramet’s invocation of his Fourth Amendment right. However, they further concluded that the error in admitting the statements was harmless. The Court therefore affirmed Ramet’s conviction.Óÿ
Summary Of Hartford Fire Ins. Co.; Hartford Accident & Indem. Co.; & Richardson Constr., Inc. V. Tr. Of The Const. Indus. & Laborers Health & Welfare Trust; Tr. Of The Constr. Indus. & Laborers Joint Pension Trust; & Tr. Of The Constr. Indus. & Laborers Vacation Tru, 125 Nev. Adv. Op. No. 16, Elham Roohani
Nevada Supreme Court Summaries
Acceptance of the Ninth Circuit’s two certified questions: whether trustees must provide notice to recover on (1) payment bonds against surety and (2) against the general contractor.
Summary Of Las Vegas Taxpayer Accountability Comm. V. City Council, 125 Nev. Adv. Op. 17, Cristina Olson
Summary Of Las Vegas Taxpayer Accountability Comm. V. City Council, 125 Nev. Adv. Op. 17, Cristina Olson
Nevada Supreme Court Summaries
Appellants appealed a district court order that allowed the Las Vegas City Council to withhold two measures from a ballot. Appellants said the City Council did not have the authority to withhold the measures because of substantive concerns. Appellants also argued that the measures complied with Nevada statutes governing the content of ballot initiatives.
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
Nevada Supreme Court Summaries
The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
Nevada Supreme Court Summaries
Petitioners filed writs of mandamus challenging the district court orders denying petitioners’ requests to present evidence during competency hearings.
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
Nevada Supreme Court Summaries
Consolidated writs for mandamus challenging the district court’s denial of petitioners’ request for full and complete copies of competency examination reports prior to competency hearing.
Summary Of Karcher Firestopping V. Meadow Valley Contr., 125 Nev. Adv. Op. No. 11, Nevada Law Journal
Summary Of Karcher Firestopping V. Meadow Valley Contr., 125 Nev. Adv. Op. No. 11, Nevada Law Journal
Nevada Supreme Court Summaries
Appeal and cross appeal from district court order granting a motion to vacate an arbitration award, referring the matter back to arbitration for further proceedings, and denying a motion to confirm the award.
Summary Of Mack V. Estate Of Mack, 125 Nev. Adv. Op. 9, Julian P. Gregory
Summary Of Mack V. Estate Of Mack, 125 Nev. Adv. Op. 9, Julian P. Gregory
Nevada Supreme Court Summaries
Appeal from a district court nunc pro tunc order memorializing an oral order entered by the former presiding judge in a divorce case.
Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis
Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Terracon Consultants W., Inc. V. Mandalay Resort Group, 125 Nev. Adv. Op. No. 8, Ian Houston
Summary Of Terracon Consultants W., Inc. V. Mandalay Resort Group, 125 Nev. Adv. Op. No. 8, Ian Houston
Nevada Supreme Court Summaries
Pursuant to Nevada Rule of Appellate Procedure 52, the United States District Court for the District of Nevada, hearing a breach of contract and professional negligence case, certified the following questions regarding the scope of Nevada’s economic loss doctrine: [1] Does the economic loss doctrine apply to contractors who solely provide services in construction defect cases? [2] Does the economic loss doctrine apply in construction defect cases to design professionals, such as engineers and architects, who solely provide services, regardless of whether the services are rendered before or during construction?
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. 6, Daniel M. Ryan
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. 6, Daniel M. Ryan
Nevada Supreme Court Summaries
This case pertained to a contracts action. Appellants appealed the district court’s decision to strike the appellants’ pleadings and enter a default judgment against them as a discovery sanction, as well as the district court’s decision to award compensatory damages and attorney and special master fees to the appellees
Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz
Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz
Nevada Supreme Court Summaries
Consolidated petitions for writs of mandamus that challenged district court failures to consider applications pursuant to NRS 484.37941 on their merits.
Summary Of Attorney Gen. V. Dist. Ct. (Philip Morris), 125 Nev. Adv. Op. No. 5, Miranda Mahe
Summary Of Attorney Gen. V. Dist. Ct. (Philip Morris), 125 Nev. Adv. Op. No. 5, Miranda Mahe
Nevada Supreme Court Summaries
No abstract provided.
Summary Of State, Dep’T Of Motor Vehicles V. Terracin, 125 Nev. Adv. Op. No. 4, Timothy Koval
Summary Of State, Dep’T Of Motor Vehicles V. Terracin, 125 Nev. Adv. Op. No. 4, Timothy Koval
Nevada Supreme Court Summaries
Appellant State of Nevada Department of Motor Vehicles (“DMV”) filed consolidated appeals from district court orders granting petitions for judicial review regarding the DMV’s acts of revoking the driving privileges of respondents Tracy Lynn Terracin and Matthew Casey following their convictions for driving under the influence (“DUI”).
Summary Of Garcia V. Scolari’S Food & Drug, 125 Nev. Adv. Op. No. 6, Richard Manhattan
Summary Of Garcia V. Scolari’S Food & Drug, 125 Nev. Adv. Op. No. 6, Richard Manhattan
Nevada Supreme Court Summaries
As a matter of first impression, the Court offered guidance on what constitutes—or rather what does not constitute—good reason for failing to present evidence during an administrative hearing under NRS 233B.131(2). The statute is part of Nevada’s Administrative Procedure Act. In a related matter, the Court affirmed the administrative tribunal’s denial of occupational disease benefits for reasons of insufficient evidence.
Summary Of Stalk V. Mushkin, 125 Nev. Adv. Op. No. 3, Jennifer K. Koonce
Summary Of Stalk V. Mushkin, 125 Nev. Adv. Op. No. 3, Jennifer K. Koonce
Nevada Supreme Court Summaries
Appeal from a district order granting summary judgment for intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty.
Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson
Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson
Nevada Supreme Court Summaries
Original petition for a writ of mandamus challenging the district court’s decision to deny petitioner’s request to apply for treatment.
When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell
When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell
Scholarly Works
In October 2008, Karthik Rajaram murdered his wife, mother-in-law, sons and, ultimately, himself, in a wealthy Los Angeles suburb. This Article analyzes media reports about the deaths to illustrate the resilience of patriarchy and significant gaps in research and scholarship about domestic violence, and suggests a strategic approach to building counter-narratives about violence against women.
The Article is composed of five parts. Part I is the Introduction. Part II draws on narrative theory and critical media scholarship to lay the groundwork for analysis, and to show why media coverage of homicide-suicide is implicated in the production of dominant ideology.
Part …
The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble
The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble
Scholarly Works
In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law …
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Scholarly Works
The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …
Of Historiography And Constitutional Principle: Jefferson’S Letter To The Danbury Baptists, Ian C. Bartrum
Of Historiography And Constitutional Principle: Jefferson’S Letter To The Danbury Baptists, Ian C. Bartrum
Scholarly Works
This article examines the ways that the Supreme Court has used Thomas Jefferson's letter to the Danbury Baptists (a wall of separation between church and state) as a rhetorical symbol. It finds the letter at the heart of the Court's debate over competing theories of religious neutrality. The article then explores the treatment the letter has received in several leading academic histories, and concludes that professional historians have largely tailored their arguments to match the Supreme Court's ideological divide. The article concludes that, because the goals of historical argument and legal argument are fundamentally different, this incestuous kind of relationship …
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Scholarly Works
In order to avoid the pendulum swings of politics, advocates must argue for more fundamental norms for the protection of labor rights. Statutory protections, while important, will not provide long-lasting change toward establishing workers' rights as fundamental under constitutional and international law principles. Workers' rights must be seen as fundamental to the functioning of a democratic society, rather than as the special interest agenda of unions or plaintiffs' attorneys. This can be done through more advocacy for a minimum set of workers' rights as human rights, including the right to organize labor unions and the right to be free from …