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2017

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Articles 211 - 240 of 14046

Full-Text Articles in Law

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox Dec 2017

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox

Nevada Supreme Court Summaries

The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.

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Eureka County V. Seventh Judicial Dist. Ct., 133 Nev. Adv. Op. 111 (Dec. 28, 2017), Michelle Harnik Dec 2017

Eureka County V. Seventh Judicial Dist. Ct., 133 Nev. Adv. Op. 111 (Dec. 28, 2017), Michelle Harnik

Nevada Supreme Court Summaries

The Court determined that due process requires junior water rights holders be given notice and an opportunity to be heard in the district court’s consideration of a senior water rights holder’s request to curtail the junior’s water rights.

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Hawkins V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 109 (Dec. 28, 2017), Rex Martinez Dec 2017

Hawkins V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 109 (Dec. 28, 2017), Rex Martinez

Nevada Supreme Court Summaries

The Nevada Supreme Court held that the district court must consider the factors from the Third Restatement when imposing sanctions in the form of attorney fees on parties.

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Così Fan Tutte: A Better Approach Than The Right To Be Forgotten, Martha Garcia-Murillo, Ian Macinnes Dec 2017

Così Fan Tutte: A Better Approach Than The Right To Be Forgotten, Martha Garcia-Murillo, Ian Macinnes

School of Information Studies - Faculty Scholarship

In this article, we argue in favor of a macro-societal approach to protect people from the potential harms of personal information online. In the tension between information and privacy, “the right to be forgotten” is not an appropriate solution. Such a micro, individual-based answer puts the burden of protection on each person instead of on external entities that can abuse such knowledge. The personal responsibility to delete personal data is challenging because of the leakage of data that happens through the connections we have with others, many of whom do not share the same privacy preferences. We show that effective …

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Did J. Edgar Hoover Kill Jfk?, Donald E. Wilkes Jr. Dec 2017

Did J. Edgar Hoover Kill Jfk?, Donald E. Wilkes Jr.

Popular Media

This article reviews a recent story in the National Enquirer that asserts that J. Edgar Hoover ordered the JFK murder which directly contradicts earlier claims made by the publication.

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Tcl V. Ericsson: The First Major U.S. Top-Down Frand Royalty Decision, Jorge L. Contreras Dec 2017

Tcl V. Ericsson: The First Major U.S. Top-Down Frand Royalty Decision, Jorge L. Contreras

Utah Law Faculty Scholarship

On December 21, 2017, the U.S. District Court for the Central District of California released its long awaited Memorandum of Findings of Fact and Conclusions of Law in TCL Communications v. Ericsson. In a lengthy and carefully crafted decision, Judge James Selna sets forth some important new points regarding the calculation of fair, reasonable and non-discriminatory (FRAND) royalties for standardsessential patents (SEPs). Among other things, the decision offers a strong endorsement of “top down” methodologies for the calculation of SEP royalties, and makes significant use of the non-discrimination (ND) prong of the FRAND commitment in arriving at a FRAND royalty …

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State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert Dec 2017

State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert

Nevada Supreme Court Summaries

The Court determined that NRS 604A.408(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan under the statute. This is because allowing for enforcement action would go against the legislative purpose of the statute.

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Nonvoting Shares And Efficient Corporate Governance, Dorothy Shapiro Lund Dec 2017

Nonvoting Shares And Efficient Corporate Governance, Dorothy Shapiro Lund

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies Dec 2017

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.

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Franchise Tax Board Of California V. Hyatt, 133 Nev. Adv. Op. 102 (Dec. 26, 2017), Rebecca L. Crooker Dec 2017

Franchise Tax Board Of California V. Hyatt, 133 Nev. Adv. Op. 102 (Dec. 26, 2017), Rebecca L. Crooker

Nevada Supreme Court Summaries

The Court determined that discretionary-function immunity does not apply to intentional tort and bad faith claims. Under comity principles, the Franchise Tax Board was entitled to the $50,000 statutory cap that would extend to Nevada businesses under NRS 41.035(1). The Court additionally recognized false light invasion of privacy as a tort cause of action distinct from other privacy torts, and adopted the Restatement’s sliding-scale approach in determining the amount of evidence necessary to establish a claim for intentional infliction of emotional distress.

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Arcella V. Arcella, 133 Nev. Adv. Op. 104 (Dec. 26, 2017), Shannon Zahm Dec 2017

Arcella V. Arcella, 133 Nev. Adv. Op. 104 (Dec. 26, 2017), Shannon Zahm

Nevada Supreme Court Summaries

The Court determined that district court’s focus—in a child custody case regarding educational placement—must remain on the child’s best interest and not on the religious objections made by a parent. Specifically, the Court found that the district court abused its discretion by (1) treating one parent’s religious objection as dispositive; (2) failing to conduct an evidentiary hearing; and (3) failing to support its order with specific, factual findings.

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December 25, 2017: The Christian Picks Him Up, Bruce Ledewitz Dec 2017

December 25, 2017: The Christian Picks Him Up, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Christian Picks Him Up“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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Cultural Competency In A Post-Model Rule 8.4(G) World, Latonia Haney Keith Dec 2017

Cultural Competency In A Post-Model Rule 8.4(G) World, Latonia Haney Keith

Duke Journal of Gender Law & Policy

No abstract provided.

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The Fbi’S Fitness Tests And Title Vii—Does Gender Equality Require Lowering Standards?, Dylan Tucker Dec 2017

The Fbi’S Fitness Tests And Title Vii—Does Gender Equality Require Lowering Standards?, Dylan Tucker

Duke Journal of Gender Law & Policy

No abstract provided.

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Advancing Faculty Diversitythrough Self-Directed Mentoring, Yvonne M. Dutton, Margaret Ryznar, Lea Shaver Dec 2017

Advancing Faculty Diversitythrough Self-Directed Mentoring, Yvonne M. Dutton, Margaret Ryznar, Lea Shaver

Duke Journal of Gender Law & Policy

Mentoring is widely acknowledged to be important in career success, yet may be lacking for female and minority law professors, contributing to disparities in retention and promotion of diverse faculty. This Article presents the results of a unique diversity mentoring program conducted at one law school. Mentoring is often thought of as something directed by the mentor on behalf of the protégé. Our framework inverts that model, empowering diverse faculty members to proactively cultivate their own networks of research mentors. The studied intervention consisted of modest programming on mentorship, along with supplemental travel funds to focus specifically on travel for …

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Undue Sacrifice: How Female Sexual Assault Victims Fight The Military While Fighting In The Military, Russell Spivak Dec 2017

Undue Sacrifice: How Female Sexual Assault Victims Fight The Military While Fighting In The Military, Russell Spivak

Duke Journal of Gender Law & Policy

Over the last century, women have fought for the right to serve their nation in the exact same way men have: in uniform. Women have indeed made enormous strides toward serving in equal measure to their male counterparts. But women are still too often perceived and treated as second-class citizens, inhibiting a genuine realization of their equality in the armed forces. This is exhibited, if not reinforced, by the prevalence of women’s sexual assault while serving their country and the insufficient prosecution thereof. By diagnosing and remedying the insufficiencies in the military justice system’s legal regime governing the prosecution of …

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A Call To Arms: The Department Of Defense’S Egg Freezing Benefit Summons Increased Reporting Regulations, Gloria Y. Liu Dec 2017

A Call To Arms: The Department Of Defense’S Egg Freezing Benefit Summons Increased Reporting Regulations, Gloria Y. Liu

Duke Journal of Gender Law & Policy

No abstract provided.

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Journal Staff Dec 2017

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.

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Mosten And Scully’S New Book On Unbundled Legal Services, John M. Lande Dec 2017

Mosten And Scully’S New Book On Unbundled Legal Services, John M. Lande

Faculty Blogs

This post discusses Forrest (Woody) Mosten and Elizabeth Potter Scully’s book, Unbundled Legal Services: A Family Lawyer’s Guide. Unbundling involves providing specified services to legal clients rather than “full service” representation. Unbundling is particularly helpful in family matters because parties generally understand the issues and may represent themselves well if they have some legal help. Many family courts are overwhelmed with large numbers of cases involving self-represented litigants, so providing unbundled legal services can make a significant contribution to the legal system. In virtually all types of cases, some people have the interests in unbundling, not just family matters.

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Constitutional Barriers To Congressional Reform, John M. Greabe Dec 2017

Constitutional Barriers To Congressional Reform, John M. Greabe

Law Faculty Scholarship

Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.

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“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused Dec 2017

“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused

Other Publications

This post originally appeared on https://www.richardchused.org/2017/12/24/jane-crow-laws-contemporary-sexual-harassment/

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The Historical-Philosophical Heritage And The Methodological Problems Of The Histoy Of Science, G. Nosirhodjaeva Dec 2017

The Historical-Philosophical Heritage And The Methodological Problems Of The Histoy Of Science, G. Nosirhodjaeva

Review of law sciences

the article is devoted to the research of the historical-philosophical works of Beruni coming out as one of the important components of the rich and polyhedral heritage of Abu Raikhan Beruni and his contribution to studying history of philosophy of peoples in many regions including the Central Asia as well.

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A New Stage In Reforming Of The Legal Personnel, F. Muhitdinova Dec 2017

A New Stage In Reforming Of The Legal Personnel, F. Muhitdinova

Review of law sciences

The article is devoted to the issues of reforming the legal education of the Republic of Uzbekistan. The article analyzes the reasons for the increased interest in the reforms of legal education. The foreign experience and modern trends in the teaching of legal disciplines in the preparation of qualification lawyers are investigated. A set of measures to modernize the system of training legal personnel is formulated, the basic element of which should be the modernization of consciousness. The urgency of the strategy of actions in the field of judicial and legal reforms is analyzed.

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Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov Dec 2017

Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov

Review of law sciences

the article considerates questions to improve national legislation in the sphere of agriculture and analyzes legislation about the protection of environment in the sphere of agriculture during the independence years. The offers about tasks of the monitoring in the sphere of environment situation and legal protection of environment in the sphere of agriculture are given.

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Judge Is A Symbol Of Perfection (Justice And Responsibility), A. Xamraev Dec 2017

Judge Is A Symbol Of Perfection (Justice And Responsibility), A. Xamraev

Review of law sciences

In this article the questions related with the independence of judicial system, the problems of realization of the principles of legality and morality in judiciary are analyzed. Performance of all variety of tasks by courts it is possible only in conditions when judicial authority really has autonomy and independence. Judicial authority has to become the stabilizing force in the state, capable to protect the rights and freedoms of citizens, and a society – from the social conflicts.

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Guarantees Of Human Rights In The Constution Of Uzbekistan, N. Bekmirzayev Dec 2017

Guarantees Of Human Rights In The Constution Of Uzbekistan, N. Bekmirzayev

Review of law sciences

this article fully analyzed the classification of human rights are divided into individual, civil, political, economic and social rights, safeguards mechanisms in the Constitution and laws of the Republic of Uzbekistan, as well as their compliance and protection through national mechanisms.

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Legal Regulation Farms To Use Land, A. Teshaboev Dec 2017

Legal Regulation Farms To Use Land, A. Teshaboev

Review of law sciences

legal regime of land use by farms is described in this article, analyze problem situations of currently legislation, scientific and practical proposals are given for solution of these problems and improvement of legislation by author.

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Issues Of Improving The Regulation Of Circumstances Preventing Marriage In Family Law, U. Sharaxmetova Dec 2017

Issues Of Improving The Regulation Of Circumstances Preventing Marriage In Family Law, U. Sharaxmetova

Review of law sciences

the article highlights the issues of circumstances on preventing marriage. Author, having studied the circumstances on preventing marriage, shares with the idea on improvement of family legislation.

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Constitutional Legal Bases Of Formation And Functioning Of System "E-Government" In Uzbekistan, S. Sadikov Dec 2017

Constitutional Legal Bases Of Formation And Functioning Of System "E-Government" In Uzbekistan, S. Sadikov

Review of law sciences

the article is devoted to the topical problem of IKT Constitution legal development of legislation by formation and activity of e-government. The authors considers acceptance of the Law about e-government has become a progressive step in improving the legislation of the country. The article review the features of the new Law about e-government.

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A New Stage In The Development Of Legal Education In Uzbekistan, B. Umarov Dec 2017

A New Stage In The Development Of Legal Education In Uzbekistan, B. Umarov

Review of law sciences

the article analyzes issues that consider the whole range of measures adopted by the state and is aimed at creating conditions for the upbringing of a comprehensively developed younger generation. Also, the essence of the adopted normative and legal acts aimed at raising the legal education to a new level is being explored. Significant attention is paid to the role of the resolution of the President of the Republic of Uzbekistan, issued on the 28th of April 2017, “On measures on fundamental perfection of system and increase of efficiency of preparation of legal personnel in Tashkent State Universityof Law”, the …

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