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Articles 1 - 30 of 90
Full-Text Articles in Law
Erie's International Effect, Michael Steven Green
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart
Nevada Supreme Court Summaries
The Court considered Respondents’ motion to substitute themselves as the real parties in interest after acquiring Appellants’ rights and interests in the underlying district court action at a judgment execution sale, and to dismiss Appellants’ appeal from a district court order.
Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw
Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw
Nevada Supreme Court Summaries
The Court considered the ability of a homeowners’ association (HOA) to litigate construction-defect claims on behalf of its members’ homes under NRS 116.3102(1)(d) without fulfilling NRCP 23 class action requirements.
Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale
Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale
Nevada Supreme Court Summaries
An appeal of a motion to confirm an arbitration award that the Court summarily granted without reviewing the arbitration record and without giving the nonmovant an opportunity to file an opposition to the motion.
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank
All Faculty Scholarship
In this article I describe the status quo in the area of foreign judgment recognition, with attention to the tension between domestic interests and international cooperation. Precisely because the future of the status quo is in doubt, I then consider current proposals for change, particularly the effort to implement the Hague Choice of Court Convention in the United States. Prominent among the normative questions raised by my account is whose interests, in addition to the litigants’ interests, are at stake – those of the United States, those of the several states, or those of interest groups waving a federal or …
Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta
Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta
Nevada Supreme Court Summaries
The Court considered a petition for a writ of prohibition or mandamus in response to a district court’s denial of a motion to stay certain testimonial discovery in a civil proceeding occurring simultaneously to a criminal investigation.
Irregularities In Procedure – Reconsidering Section 392, Pearlie M. C. Koh
Irregularities In Procedure – Reconsidering Section 392, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
In corporate administration, procedures, and their due compliance, are often of as much significance as the outcomes of the proceedings they regulate. The consequence of a failure to comply with procedures, whether laid down statutorily or in the company's constitution, is often the invalidation of the subject proceeding. Such invalidation may perhaps be justified on the basis that faithful compliance does much to foster a perception that the outcomes determined at the proceedings so held are fair, a perception that is vitally important to the acceptability of the outcome by all concerned. Nevertheless, it is also the case that corporate …
Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch
Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch
Scholarly Works
This Article identifies a market-based solution for monitoring large-scale litigation proceeding outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate, multidistrict litigation to seek redress for group-wide harms. Despite sharing key features with its class action counterpart—such as attenuated attorney-client relationships, attorneyclient conflicts of interest, and high agency costs—no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney overreaching and self-dealing, but plaintiff’s themselves cannot adequately supervise their attorneys’ behavior. …
The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown
The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown
Other Publications
No abstract provided.
Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski
Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski
All Faculty Scholarship
To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …
Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution, Carrie Menkel-Meadow
Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …
Summary Of Consipio Holding, Bv V. Carlberg, 128 Nev. Adv. Op. 43, Brandon C. Sendall
Summary Of Consipio Holding, Bv V. Carlberg, 128 Nev. Adv. Op. 43, Brandon C. Sendall
Nevada Supreme Court Summaries
The Court considered whether Nevada courts can exercise personal jurisdiction over nonresident officers and directors who directly harm a Nevada corporation.
Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews
Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews
Nevada Supreme Court Summaries
Appeal from a district court order dismissing an independent action to obtain relief from an otherwise unreviewable final judgment.
Summary Of Washoe County V. Otto, 128 Nev. Advanced Opinion No. 40, Emily Navasca
Summary Of Washoe County V. Otto, 128 Nev. Advanced Opinion No. 40, Emily Navasca
Nevada Supreme Court Summaries
The Court considered an appeal from a district court’s order dismissing a petition for judicial review of a State Board of Equalization tax decision pursuant to the Nevada Administrative Procedure Act (APA).
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, 87 Notre Dame Law Review 1521 (2012)., Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff
Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff
Nevada Supreme Court Summaries
A petition for an en banc reconsideration of a panel opinion affirming the district court’s summary judgment in a tort action.
Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews
Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered a motion to disqualify a law firm from participating in the appeal of a failed settlement program.
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
Faculty Works
In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …
Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith
Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith
Nevada Supreme Court Summaries
Appeal from a district court decision dismissing a petition for judicial review of the State Engineer’s ruling in a water rights action for lack of subject matter jurisdiction.
Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw
Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw
Nevada Supreme Court Summaries
The Court considered what circumstances are necessary to allow for the deposition of an opposing party’s former attorney during discovery. The Court balanced the competing interests of discovering vital information to a litigant’s case and the importance of the attorney-client privilege.
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid
Cornell Law Library Prize for Exemplary Student Research Papers
When the application of res judicata involves factual disputes, the jury must be the judicial actor to resolve these discrepancies. The fact-law distinction, which gives questions of fact to the jury and questions of law to the judge, has guided American courts for hundreds of years. From the time of the adoption of the Seventh Amendment until the end of the nineteenth century, courts have viewed res judicata disputes as factual determinations within the province of the jury.The migration from question of fact to question of law in the twentieth century lacked any proffered legal justification, and even as the …
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court order denying judicial review in a foreclosure mediation matter.
Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy Cornett
Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy Cornett
College of Law Faculty Scholarship
No abstract provided.
Summary Of Mountain View Hospital V. Dist. Ct., 128 Nev. Adv. Op. No. 17, Kendra Kisling
Summary Of Mountain View Hospital V. Dist. Ct., 128 Nev. Adv. Op. No. 17, Kendra Kisling
Nevada Supreme Court Summaries
The Court considered petitions for a writ of mandamus or prohibition challenging the district court’s denial of a motion to dismiss a medical malpractice action for the plaintiffs’ failure to comply with NRS 41A.071.
Remodeling The Multi-Door Courthouse To "Fit The Forum To The Folks": How Screening And Preparation Will Enhance Adr, Tim Hedeen
Faculty and Research Publications
The article offers information on remodeling of multi-door courthouse to enhance Alternative Dispute Resolution (ADR) efficiency. It informs that symposium, The Future of Court ADR: Mediation and Beyond that was held in September 2011 featured scholars and practitioners to discuss the past and future of ADR. It informs that research and practice in mediation have deepened the understanding in engaging with prospective clients.
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Resolving Arbitrability, Jon H. Sylvester