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Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young Dec 2003

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 Dec 2003

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 Dec 2003

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 Dec 2003

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 Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett Aug 2003

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 Aug 2003

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 Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal Aug 2003

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 Aug 2003

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 Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis Aug 2003

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 Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett Aug 2003

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 Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett Aug 2003

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 State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep Jun 2003

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 Jan 2003

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 Jan 2003

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.


What Do Clients Want? A Client's Theory Of Professionalism, Leslie C. Griffin Jan 2003

What Do Clients Want? A Client's Theory Of Professionalism, Leslie C. Griffin

Scholarly Works

No abstract provided.


Forgetfulness, Fuzziness, Functionality, Fairness And Freedom, In Dispute Resolution, Jeffrey W. Stempel Jan 2003

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 ...


Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel Jan 2003

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Scholarly Works

There is no requirement of democratic theory that mandates that all public offices be filled by election. This is particularly true in modern democratic states, which are simply too large to justify the administrative burden of electing everyone who has significant responsibilities in our society.

Examples of this are everywhere in modern democracies, such as the United States and Europe. In England, for example, the Prime Minister is not directly elected by the people. Does this mean Great Britain has ceased to be a democracy? In most large, sophisticated nation-states, national cabinet officers have great power but are the political ...


Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley Jan 2003

Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley

Scholarly Works

On April 25, 2003, the University of Nevada, Las Vegas (“UNLV”) Center for Democratic Culture (“CDC”) and the William S. Boyd School of Law sponsored a one-day symposium addressing issues of tort reform. In particular, the Forum addressed concerns regarding construction defect litigation and medical malpractice, two areas of current and substantial concern in Nevada. As reflected in the discussion at the Forum, both topics received considerable attention from the Nevada State Legislature during its 2003 Session. Ultimately, the legislature enacted amendments to state statutes governing claims for defective construction. Despite significant lobbying by physicians and insurers, the legislature did ...


"Venn" And The Art Of Shared Governance, Nancy B. Rapoport Jan 2003

"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.


Book Review, David S. Tanenhaus Jan 2003

Book Review, David S. Tanenhaus

Scholarly Works

This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal ...


Review Of Peter Cane, Responsibility In Law And Morality (2002), Leslie C. Griffin Jan 2003

Review Of Peter Cane, Responsibility In Law And Morality (2002), Leslie C. Griffin

Scholarly Works

No abstract provided.


Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel Jan 2003

Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel

Scholarly Works

No abstract provided.


You Asked For It, You Got It … Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley Jan 2003

You Asked For It, You Got It … Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley

Scholarly Works

For what seemed to be a simple contract dispute, Berry v. Gulf Coast Wings Inc. garnered an unusual amount of attention in both the legal and popular press. Former Hooters waitress Jodee Berry sued her ex-employer for breaching its promise to award a new Toyota to the winner of an April 2001 sales contest. Berry alleged that her manager, Jared Blair, told the waitresses at the Hooters where she worked at the time that whoever sold the most beer at each participating location during April 2001 would be entered in a drawing, the winner of which would receive a new ...


Summary Of Harris Assoc. V. Clark County Sch. Dist., Beth Rosenblum Jan 2003

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 Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati Jan 2003

Summary Of Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati

Nevada Supreme Court Summaries

In November 1985, the City of Las Vegas Downtown Redevelopment Agency (Agency) was created to evaluate and determine whether redevelopment was necessary to combat physical, social, or economic blight in various sections of the city. The Agency identified conditions in downtown Las Vegas constituting “blight” within the definition of NRS §279.388, and considered and approved a redevelopment plan (Plan) with the purpose of eliminating blight and to encourage businesses and individuals to return to a safe downtown area with adequate parking and facilities. Although the Pappases’ property was included within the Plan, no one, including the Pappases, challenged the ...


Summary Of Nittinger V. Holman, Cami Perkins Jan 2003

Summary Of Nittinger V. Holman, Cami Perkins

Nevada Supreme Court Summaries

Respondents, Dedric Holman and Christina Edwards, were gambling at the Gold Coast Hotel when a physical confrontation arose between John Nittinger, a security guard, and Holman. When Holman tried to run, security officers pursued him and held him to the ground. According to Holman’s testimony, the guards made racial slurs, punched, kicked and beat him. The security shift supervisor was present during part of the incident. The district court instructed the jury that it could find the Gold Coast liable for punitive damages if a “managerial agent” authorized or ratified the guards’ conduct. The jury awarded respondents $198,000 ...


Summary Of Sellers V. Fourth Judicial Dist. Ct., Nevada Law Journal Jan 2003

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 ...


Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen Jan 2003

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 Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson Jan 2003

Summary Of Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson

Nevada Supreme Court Summaries

Appellants Edward R. Houston and Regina Houston paid David Boone $740,000 for investment services, which Boone converted to his own use. In May 1998, Boone and his wife Donna divorced and Boone quitclaimed real property to Donna. Norwest Mortgage, Respondent Bank of America’s predecessor, held a deed of trust on the real property for $342,000. That same month, the Houstons filed a complaint against Boone to recover their $740,000. The Houstons filed a notice of lis pendens in the Clark County Recorder’s Office on June 1, 1998 and filed an ex parte motion with the ...


Summary Of In The Matter Of T.R. V. Nevada Div. Of Child And Family Services, 119 Nev. Adv. Op. 67, Kathleen Hamers Jan 2003

Summary Of In The Matter Of T.R. V. Nevada Div. Of Child And Family Services, 119 Nev. Adv. Op. 67, Kathleen Hamers

Nevada Supreme Court Summaries

T.R., a fourteen-year-old boy at the time of the incident, was charged with sodomy against a four-year-old boy, forcing the boy to orally copulate him, and orally copulating the boy. An evidentiary hearing was conducted by a district court hearing master who concluded that there was clear and convincing evidence T.R. sodomized the four-year-old boy, and that he forced the four-year-old boy to orally copulate him. The district court agreed with the hearing master, entered an order with the hearing master’s findings, and dismissed the remaining charge. T.R. moved for a rehearing based on inadmissible and ...