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Articles 8011 - 8040 of 9707
Full-Text Articles in Law
Five Years Later: Reconsidering The Original Aba Report On Mdp, Sydney M. Cone Iii.
Five Years Later: Reconsidering The Original Aba Report On Mdp, Sydney M. Cone Iii.
Articles & Chapters
Reconsidering the original report issued in 1999 by the ABA Commission on Multidisciplinary Practice, this essay suggests that that report properly attempted to deal with questions of legal ethics that might arise if the practice of law by lawyers were integrated into an enterprise in which nonlawyers had a significant degree of ultimate control, but that the commission, perhaps because of undue time pressure, neglected to pursue these questions deeply enough. This essay suggests that more was needed than a proposed mechanism for self-certification of compliance with rules of legal ethics, coupled with possible review of compliance. The "more" that …
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Gerald Korngold
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Gerald Korngold
Articles & Chapters
No abstract provided.
In Memoriam, W. Bernard Richland, Ross Sandler
In Memoriam, W. Bernard Richland, Ross Sandler
Articles & Chapters
No abstract provided.
Unpatriotic Acts: An Introduction, Sadiq Reza
Unpatriotic Acts: An Introduction, Sadiq Reza
Articles & Chapters
No abstract provided.
The Games People Play: Is It Time For A New Legal Approach To Prize Games?, Anthony N. Cabot, Louis V. Csoka
The Games People Play: Is It Time For A New Legal Approach To Prize Games?, Anthony N. Cabot, Louis V. Csoka
Nevada Law Journal
No abstract provided.
Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand
Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand
Nevada Law Journal
No abstract provided.
Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn
Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn
Nevada Law Journal
No abstract provided.
Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier
Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier
Nevada Law Journal
The Indian Gaming Regulatory Act of 1988 ("IGRA") permits Native American Tribes to conduct gaming on land acquired outside of the tribe's traditional reservation or other trust lands. However, before a tribe may undertake gaming on such "off-reservation" lands - unless another exception applies - the tribe must first obtain a determination from the United States Secretary of the Interior ("Secretary") that the proposed gaming operation (1) will be in the "best interest" of the tribe and its members, and (2) will not be "detrimental" to the surrounding community. More importantly, the governor of the state in which such lands …
A Bad Bet: Federal Criminalization Of Nevada's Collegiate Sports Books, Ronald J. Rychlak
A Bad Bet: Federal Criminalization Of Nevada's Collegiate Sports Books, Ronald J. Rychlak
Nevada Law Journal
No abstract provided.
Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel
Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Camping In Lake Tahoe: Does A Temporary Deprivation Of All Beneficial Use Of Land Justify Rejection Of The Categorical Lucas Rule?, Akke Levin
Nevada Law Journal
No abstract provided.
The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv
The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv
Nevada Law Journal
No abstract provided.
The Plight Of Same-Sex Harassment Victims Under Title Vii: Why Sexual Orientation Discrimination Should Be Recognized As A Form Of Sex Stereotyping, Sonya K. Parrish
The Plight Of Same-Sex Harassment Victims Under Title Vii: Why Sexual Orientation Discrimination Should Be Recognized As A Form Of Sex Stereotyping, Sonya K. Parrish
Nevada Law Journal
No abstract provided.
Disloyalty Among "Men In Arms": Korean War Pows At Court-Martial, Elizabeth L. Hillman
Disloyalty Among "Men In Arms": Korean War Pows At Court-Martial, Elizabeth L. Hillman
Faculty Scholarship
No abstract provided.
An Offer You Can't Revoke, Charles L. Knapp
Natural Resources Policy In The Bush (Ii) Administration: An Outsider's Somewhat Jaundiced Assessment, John D. Leshy
Natural Resources Policy In The Bush (Ii) Administration: An Outsider's Somewhat Jaundiced Assessment, John D. Leshy
Faculty Scholarship
No abstract provided.
A Property Clause For The Twenty-First Century, John D. Leshy
A Property Clause For The Twenty-First Century, John D. Leshy
Faculty Scholarship
No abstract provided.
What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little
What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little
Faculty Scholarship
No abstract provided.
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli
Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli
Faculty Scholarship
No abstract provided.
Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza
Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Difficult Decisions During Wartime: A Letter From A Non–Alien In An Internment Camp To A Friend Back Home, Frank H. Wu
Difficult Decisions During Wartime: A Letter From A Non–Alien In An Internment Camp To A Friend Back Home, Frank H. Wu
Faculty Scholarship
No abstract provided.
Introduction: Brief Of Amici Curiae, William S. Dodge
Introduction: Brief Of Amici Curiae, William S. Dodge
Faculty Scholarship
No abstract provided.
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell
Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Part I of this article provides an overview of the medical necessity test, and examines the decision-making process pursuant to the test, including who makes coverage determinations and what criteria are used in making them. Part I also sets forth examples of conventional treatments that insurers routinely cover despite their questionable efficacy from a medical necessity perspective. Part II explores CAM disciplines and describes how they differ from conventional medicine. Part III discusses the legal challenges CAM faces and explores the limited extent to which CAM is covered by health insurance and the failure of state laws to provide mandates …
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford
One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This article critically examines the estate and gift tax rules currently applicable to martial wealth transfers and proposes a new system in which all transfers between spouses will be subject to taxation. The article begins by tracing the historic development of what the author calls the "one flesh, one taxpayer" approach to wealth transfer taxation. Over a period of more than thirty years, the marital deduction evolved from a tool for achieving geographic uniformity into an institution based on an unreal and idealized story of proper gender roles and the economic significance of marriage. After describing the wealth transfer tax …
Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg
Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
This essay is about the permanent damage to the Supreme Court and to the country that may occur if the current approach to judicial appointments continues, and offers an approach to the nomination and confirmation of Supreme Court justices that will help put the Court back in its proper place - out of the eye of the elective political storm.
Offensive Issue Preclusion In The Criminal Context: Two Steps Foward, One Step Back, Michelle S. Simon
Offensive Issue Preclusion In The Criminal Context: Two Steps Foward, One Step Back, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This article addresses whether the expansion of the doctrine of issue preclusion in the federal criminal area should mirror the expansion of the doctrine in the federal civil area. The article examines the general requirements of issue preclusion and the evolution of issue preclusion in both the civil and criminal context. Next, this article examines the current status of offensive and defensive issue preclusion when the first suit is civil and the second suit is criminal, the first suit is criminal and the second suit is civil, and where both the first and second action is criminal. The article then …