Law Commons^™

N. Lake Tahoe Protection Dist. V. Bd. Of Admin., 134 Nev. Adv. Op. 93 (Dec. 6, 2018) (En Banc), Hannah Nelson

Nevada Supreme Court Summaries

The Court determined that NRS 616B.578(4) does not require an employer to know the precise medical terminology for an employee’s permanent physical impairment before the subsequent injury. However, the statute requires that an employee’s preexisting permanent physical impairment be fairly and reasonably observed from a written record and the impairment must amount to at least 6% whole person impairment.

O’Keefe V. State Of Nev. Dep’T Of Motor Vehicles, Nev. Adv. Op. 92 (Dec. 6, 2018) (En Banc), Jacqueline Cope

Nevada Supreme Court Summaries

The Court reviewed de novo whether a classified employee violated a law or regulation when she challenged a challenges a state agency’s decision to terminate. Moreover, the Court applied a deferential standard of reasonableness to the agency’s decision to terminate the employee in service of the public good.

State Of Nev. Local Gov’T Emp. Mgmt. Bd., V. Educ. Support Emp. Ass’N, 134 Nev. Adv. Op. 86 (Nov. 8, 2018), Amanda Netuschil

Nevada Supreme Court Summaries

The Court determined that the plain language application of NRS § 288.160 and Nevada Administrative Code (NAC) 288.110 states that the vote-counting standard is to be determined by the majority of members of the bargaining unit and not by a majority of the votes cast.

Sarfo V. State Bd. Of Medical Examiners, 134 Nev. Adv. Op. 85 (Nov. 1, 2018), Nathaniel Saxe

Nevada Supreme Court Summaries

The Court determined that when a complaint is filed with the Nevada State Board of Medical Examiners against a physician, the physician’s due process rights do not attach to the fact-finding role of the administrative agency.

Zenor V. State, Dep't Of Transp., 134 Nev. Adv. Op. 14 (Mar. 1, 2018), Brianna Stutz

Nevada Supreme Court Summaries

The Court held that NRS 233B.130 prohibits attorney fees in petitions for judicial review of agency determinations.

K-Kel, Inc. V. State Dep't Of Taxation, 134 Nev. Adv. Op. 10 (Mar. 10, 2018), Casey Lee

Nevada Supreme Court Summaries

The court determined that (1) the district court does not have jurisdiction over a petition for judicial review of an administrative agency decision when the appellants do not file the petition according to statutory requirements, (2) that district court orders in a case where it does not have jurisdiction are void, and (3) that administrative agency decisions made in compliance with void court orders do not grant district court jurisdiction.

Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry

Nevada Supreme Court Summaries

The Court determined that when an uncompensated volunteer, who has concurrent private employment and is injured during the course of volunteer work, shall have their average monthly wage for the purposes of workers’ compensation benefits to be the aggregate of the “deemed wage” provided by statute along with their earnings from the concurrent private employment.

Heat & Frost Insulators & Allied Workers Loc. 16 V. Lab. Comm’R; Univ. Of Nev., Reno; & Core Constr., 134 Nev. Adv. Op. 1 (Jan. 4, 2018), Alma Orozco

Nevada Supreme Court Summaries

NRS 233B.130(2)(c)(1)’s service requirement is mandatory and jurisdictional. Further, under NRS 233B.130(5), the district court has jurisdiction to extend time for service for good cause, either before or after the 45-day service period has run.

Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf

Scholarly Works

This Article offers a practical three-part test for courts and law enforcement to utilize when faced with drone and privacy issues. Specifically addressing the question: how should courts analyze the Fourth Amendment’s protection against ‘unreasonable searches’ in the context of drones?

The Supreme Court’s Fourth Amendment jurisprudence produced an intricate framework to address issues arising out of the intersection of technology and privacy interests. In prominent decisions, including United States v. Katz, California v. Ciraolo, Kyllo v. United States, and most notably, United States v. Jones, the Court focused on whether the use of a single …

Toward Universal Deportation Defense: An Optimistic View, Michael Kagan

Scholarly Works

One of the most positive responses to heightened federal enforcement of immigration laws has been increasing local and philanthropic interest in supporting immigrant legal defense. These measures are tentative and may be fleeting, and for the time being are not a substitute for federal support for an immigration public defender system. Nevertheless, it is now possible to envision many more immigrants in deportation having access to counsel, maybe even a situation in which the majority do. In this paper, Professor Michael Kagan makes no real predictions. Instead, he offers a deliberately-perhaps even blindly optimistic assessment of how concrete steps that …

Loud And Soft Anti-Chevron Decisions, Michael Kagan

Scholarly Works

This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …