Law Commons^™

Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson

Student Works

No abstract provided.

Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross

Student Works

No abstract provided.

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …

Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones

Honors Projects

DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.

Foreword, Jessica Silbey

Faculty Scholarship

Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …

Against Progress: Intellectual Property And Fundamental Values In The Internet Age

Stanley H. Mervis Lecture

No abstract provided.

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

Ndls Communicator: Week Of 01.30.23, Notre Dame Law School

NDLS Communicator

Abstract

The Latest News

• ND Law Review symposium features Q&A with Supreme Court Justice Brett Kavanaugh
• Stephanie Barclay will speak at the UC Hastings Law Journal's annual symposium, "The Present and Future of Religious Freedom" on Feb 3. She will discuss the development of the Free Exercise Clause and the future of religious freedom.
• Diane Desierto has published, "Global Perspectives on Teaching International Investment Arbitration: Teaching International Investment Arbitration in the Global North and the Global South" in the Kluwer Arbitration Blog.
• Rick Garnett was also quoted in the Tablet article, "Supreme Court to Hear Case of Postal Worker Forced …

Mmu: 01/30/23–02/05/23, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Annad Khraisat

2Ls Taking Ls: Kate Hahn

Ask a 3L: Sam Mariani

Sport Report by Stephen Nugent

Jakim's Corner

Taylor V. Brill, 138 Nev. Adv. Op. 81 (Dec. 15, 2022), Jefferson Cummings

Nevada Supreme Court Summaries

Judges are required to disqualify themselves when their impartiality might be questioned, such as if they have previously presided as judge over the matter in another court. A judge is said to preside over a matter when they have exercised some control or authority over the matter, not when they have had purely administrative contact.

Republican Nat’L Comm. V. Dist. Ct., 138 Nev. Adv. Op. 88 (Dec. 29, 2022), Savanna Bierne

Nevada Supreme Court Summaries

In a per curiam opinion, The Nevada Supreme Court denied the Republican National Committee’s (RNC) emergency writ requesting mandatory statutory compliance by the Clark County Registrar. The Court found that the RNC incorrectly interpreted Nevada election statutes and failed to demonstrate a clear legal right to the requested relief.

Arce V. Sanchez, 138 Nev. Adv. Op. 83 (Dec. 22, 2022), Joe Coronel

Nevada Supreme Court Summaries

Judge Stiglich issued the opinion. The issue was of first impression and asked if under NRCP 60(b) a District court could set aside a judgment, confirming a court-annexed arbitration award.2 This would go against Nevada Arbitration Rule (NAR) 19(C) limiting post-judgment relief only to that which corrects clerical mistakes and errors.3 The court held NAR 19(C) prevents a district court from granting post -judgment relief under NRCP 60(b) in the form of setting aside a judgment confirming an arbitration award. Thus, the court remanded and reversed the district court’s judgment and gave instructions to reinstate the arbitration award.

Washoe Cty. Human Servs. V. Dist. Ct., 138 Nev. Adv. Op. 87 (Dec. 29, 2022), Rachel Blum

Nevada Supreme Court Summaries

The Nevada Supreme Court considered this writ of mandamus as it held substantial precedential value and was a matter of first impression. Although the controversy was moot, they decided to hear the issue, as the duration of the challenges action is relatively short and a similar issue is likely to arise in the future. Further, the Court found the matter to be important, because the issue related to the protection of Nevada children. The Court held that NRS 432B.393(3)(c) is constitutional, as it does not infringe on the due process rights of parents concerning the altering or termination of custody …

Nelson V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 82 (Dec. 22, 2022), Shannon Chao

Nevada Supreme Court Summaries

A law firm is not automatically disqualified based on a paralegal’s imputed conflict of interest unless there is actual disclosure of confidences or ineffective screening measures. Additionally, district courts have broad discretion in determining whether a law firm must be disqualified, and whether to hold an evidentiary hearing to determine adequacy of screening measures.

Nelson V. Burr, 138 Nev. Adv. Op. 85 (Dec. 29, 2022), Isabel Causey

Nevada Supreme Court Summaries

Legal malpractice claims which arise from advice given during the drafting of an estate plan are transactional legal malpractice claims. NRS 11.207(1) provides a two-year statute of limitations for both transactional and litigation-based legal malpractice claims. However, the Court has applied a litigation-malpractice tolling rule which delays the statute of limitations until the litigation in which the malpractice occurred ends and damages are certain. This tolling rule only applies to litigation-based claims. Therefore, because estate planning is transactional the tolling rule does not apply. Instead, when a litigant files or must defend against a lawsuit occasioned by transactional malpractice, they …

Mack V. Williams, 138 Nev. Adv. Op. 86 (Dec. 29, 2022), John Bollinger

Nevada Supreme Court Summaries

To determine if a private right of action exists for a violation of a self-executing provision of the Nevada Constitution, the court applies a three-step test. First, the court asks whether the language and history of the constitutional provision established an indication of intent to provide or withhold the requested remedy. If answered negatively, the court then considers whether the several factors set forth in § 874A of the Restatement (Second) of Torts favors the requested remedy. Third, the Court considers if any special factors counsel hesitation in the recognition of monetary damages. In this case the Nevada Supreme Court …

Las Vegas Rev. J. V. Clark Cty. Ofc. Of The Coroner/Med. Exam’R., 138 Nev. Adv. Op. 80 (Dec. 15, 2022), Ryan Edwards

Nevada Supreme Court Summaries

A District Court Judge must adequately explain a reduction of an appropriately granted award of attorney’s fees under the Nevada Public Records Act (NPRA).2 The explanation must consider the four Brunzell factors: (1) quality of the advocate; (2) the character of the work needed to be done; (3) the work performed; and (4) the result.3 Generally, the greater the amount of the reduction, the more thorough an explanation must be.

In Re Tr. Agreement, 23 Partners Tr. I, 138 Nev. Adv. Op. 84 (Dec. 22, 2022), Chase Christensen

Nevada Supreme Court Summaries

Where an irrevocable trust uses terms to distinguish between different classes of beneficiary, the court must look at the usage of those terms within the instrument to determine whether a beneficiary is entitled to an accounting of the trust. Additionally, NRS 165.180 only stands for the proposition that NRS Chapter 165 does not contain an exhaustive list of the district court’s power over trusts. NRS 165.180 does not stand as an independent grant of powers not otherwise listed in the chapter.

In Re Tr. Agreement Of Davies, 138 Nev. Adv. Op. 89 (Dec. 29, 2022), Camille Bayard

Nevada Supreme Court Summaries

In an opinion authored by Justice Pickering, following both the NRS and California law, the Court affirmed the district court’s holding, finding that a written instrument can transfer assets within a trust with real property, without a separate deed and, a description of real property held in trust satisfies the Statute of Frauds so long as the description provides sufficient means to identify the property using extrinsic evidence.

Indiana Law Fertility Fraud Expert Participates In Washington, Dc Roundtable, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Professor Jody Madeira, an internationally recognized expert in fertility fraud, bioethics, and law and medicine, participated this morning (January 26) in a bipartisan roundtable discussion with victims of fertility fraud. The event was facilitated by U.S. Representatives Stephanie Bice (R-OK), Mikie Sherrill (D-NJ), Julia Letlow (R-LA), and Chrissy Houlahan (D-PA) following the January 23 introduction of their Protecting Families From Fertility Fraud Act, which would—for the first time—make it a federal crime to knowingly misrepresent the source of DNA used in any procedure that involves assisted reproduction.

"You Always Have To Be Careful About Censorship", Gabrielle Nadler, Margaret Hu

Popular Media

No abstract provided.

It Ain't Real Funky Unless It's Got That Pop: Artistic Fair Use After Goldsmith, Benjamin A. Spencer

Duke Journal of Constitutional Law & Public Policy Sidebar

The Pop Art style pioneered by artists such as Paolozzi, Lichtenstein, and Rauschenberg challenged notions of what art could be by recasting common objects and images into new contexts, transforming them into pieces that served as both cultural commentary and novel expression. Though examination of an artwork's meaning or message may seem more natural for a critic or curator, the Supreme Court will have a chance to weigh in with Andy Warhol Foundation for the Visual Arts v. Goldsmith. Here, the court will decide whether a Warhol painting based on a photograph of Prince is protected by fair use. …

Volunteer Income Tax Assistance Available To Local Community Members Through March 28, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

With tax season now in full-swing through April 18, a dedicated group of volunteers is making the filing process easier—and cheaper—for many local community members. Local taxpayers with an annual income under $57,000 are eligible for free tax preparation help from students at the Indiana University Maurer School of Law’s Volunteer Income Tax Assistance site on Monday and Tuesday evenings from 6 to 9 p.m. beginning January 30.

Martin V. Martin, 138 Nev. Adv. Op. 78 (Dec. 01, 2022), Caitlin Gwin

Nevada Supreme Court Summaries

In this decision authored by Justice Stiglich, the Court held that a property settlement incident to a divorce decree is enforceable when it requires a divorcing veteran spouse to make payments from military disability pay. Although federal law prohibits state courts from awarding veteran disability pay in a divorce, the Court found an indemnification provision in a property settlement resulting in the payment of disability pay was enforceable because the parties had previously negotiated and agreed to the terms. While the Court would not have been able to award veteran disability pay as part of a property settlement, the divorcing …

Hamza Zalyaul V. State Of Nevada, 138 Nev. Adv. Op. 74 (Nov. 23, 2022), Devo Leichter

Nevada Supreme Court Summaries

In considering whether the district court has subject matter jurisdiction over felonious acts committed by minors who avoid charges until adulthood, the Supreme Court ruled that juvenile courts have exclusive jurisdiction over delinquent acts unless otherwise provided under NRS 62B.335.

Freeman Expositions, Llc V. Eighth Judicial Dist. Ct., 138 Nev. Adv. Op. 77 (Dec. 01, 2022), Keaunui Harris

Nevada Supreme Court Summaries

The Nevada Legislature has clearly distinguished between recreational and medical cannabis use in the employment context. Under NRS 678C.850(3), employees have a private right of action when an employer does not provide reasonable accommodations for the use of medical cannabis off-site and outside of working hours. While employees have a private right of action under NRS 678C.850, they lack a cause of action in such circumstances for tortious discharge or negligent hiring, training, or supervision. Furthermore, pursuant to Ceballos v. NP Palace, LLC, employees who use medical cannabis may not bring a claim against their employer under NRS 613.333.

Clark Nmsd, Llc, D/B/A The Sanctuary, V. Jennifer M. Goldstein, 138 Nev. Adv. Op. 45 (Nov. 23, 2022), Emily Kunz

Nevada Supreme Court Summaries

NRS 31.070 outlines a process for determining title to property that is being questioned. The process allows an entity served with a writ of attachment the opportunity to request a hearing to determine the correct title for the property. This process grants an entity, even a third-party entity, standing to challenge a district court’s order by following the process outlined in NRS 31.070.

In Re Tr. Of Burgauer, 138 Nev. Adv. Op. 79 (Dec. 15, 2022), Eva Guevara-Gutierrez

Nevada Supreme Court Summaries

For the District Court of Nevada to have specific personal jurisdiction over a nonresident trustee, they must meet the Calder effects test to show that the defendant purposefully directed his actions towards Nevada. Mere actions towards a plaintiff living in Nevada will not amount to sufficient contacts in Nevada. Margaret must show Steven expressly aimed his actions at Nevada. Margaret failed to bring prima facie evidence of the effects in Nevada. Therefore, Nevada does not have specific personal jurisdiction over Steven.

Beavor V. Tomsheck, 138 Nev. Adv. Op. 71 (Nov. 10, 2022), Genell Maggiacomo

Nevada Supreme Court Summaries

In an opinion written by Justice Hardesty, the Nevada Supreme Court evaluated whether assignment of proceeds towards an opponent in the same litigation where the legal malpractice arose is valid. The Nevada Supreme Court held that it is invalid because of the violation of public policy. The Court followed the precedent set out in Tower Homes, LLC v. Heaton, which held that assignments for legal malpractice claims prohibited public policy. The Court held that the district court ruled correctly by invalidating the assignment. However, an invalid assignment would not preclude an injured client from pursuing a legal malpractice claim where …

Iliescu V. The Regional Transportation Commission Of Washoe County, 138 Nev. Adv. Op. 72 (Nov. 17, 2022), Brittany Lyons

Nevada Supreme Court Summaries

In an opinion written by Chief Justice Gibbons, the Court affirmed in part and remanded the district court’s rulings for claims made by the Petitioners. First, the Court held that only tenants could commit waste on the property they are tenants of. Second, injunctive relief may not be a separate cause of action. Third, the Court held that plaintiffs pursuing a breach-of-cause contract claim must show a causal relationship between a breach and damages. Fourth, the Court found that nominal damages may be awarded where other forms of damages could not be found and that nominal damages can be awarded …