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Full-Text Articles in Law
Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont
Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont
Nevada Supreme Court Summaries
The Court determined that removing a potential juror on the basis of race is a violation of the Equal Protection Clause and held that the district court erred when it did not find a prima facie showing of race-based discrimination during the jury selection process.
State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono
State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono
Nevada Supreme Court Summaries
The Court affirmed the district court’s decision and held that the prosecutorial consent provision in NRS 176A.290 violated the Nevada Constitution’s separation of powers doctrine. Furthermore, the Court struck the offending language, finding that the provision could be severed from the statute without impacting the legislature’s intent.
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
Nevada Law Journal
No abstract provided.
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
Nevada Law Journal
No abstract provided.
Worker Collective Action In The Time Of Fissuring: Independent Contractor Labor Boycotts, The Thirteenth Amendment, And Antitrust Law, Richard Blum
Nevada Law Journal
No abstract provided.
Old Lines In New Battles: An Overlooked Yet Useful Statute To Confront Exploitation Of Undocumented Workers By Employers And By Ice, Aviam Soifer
Nevada Law Journal
No abstract provided.
The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia
The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia
Nevada Law Journal
No abstract provided.
Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg
Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg
Nevada Law Journal
No abstract provided.
Child Marriage As Constitutional Violation, Teri Dobbins Baxter
Child Marriage As Constitutional Violation, Teri Dobbins Baxter
Nevada Law Journal
No abstract provided.
The First Amendment And Mandatory Condom Laws: Rethinking The “Porn Exception” In Strict Scrutiny, Content Neutrality And Secondary Effects Analysis, Jason M. Shepard
The First Amendment And Mandatory Condom Laws: Rethinking The “Porn Exception” In Strict Scrutiny, Content Neutrality And Secondary Effects Analysis, Jason M. Shepard
Nevada Law Journal
No abstract provided.
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
Nevada Law Journal
No abstract provided.
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch
Nevada Law Journal
No abstract provided.
The Elusive Constitutional Right To Informational Privacy, Larry J. Pittman
The Elusive Constitutional Right To Informational Privacy, Larry J. Pittman
Nevada Law Journal
No abstract provided.
Granada-Ruiz V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 57 (Aug. 2, 2018) (En Banc), Sara Schreiber
Granada-Ruiz V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 57 (Aug. 2, 2018) (En Banc), Sara Schreiber
Nevada Supreme Court Summaries
The Court concluded that double jeopardy did not prohibit the appellant’s retrial because he had implied consent to the district court’s declaration of a mistrial. Further, it held that the district court did not abuse its discretion in finding manifest necessity to declare a mistrial. Thus, the Court denied the appellant’s petition for a writ of mandamus that would direct the district court to grant his motion to dismiss and bar his re-prosecution.
The Corporate Personhood Two-Step, Carliss N. Chatman
The Corporate Personhood Two-Step, Carliss N. Chatman
Nevada Law Journal
No abstract provided.
Las Vegas Review-Journal V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 7 (Feb. 27, 2018), Matthew J. Mckissick
Las Vegas Review-Journal V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 7 (Feb. 27, 2018), Matthew J. Mckissick
Nevada Supreme Court Summaries
The Court determined that the First Amendment does not allow a court to prevent the press from reporting on a redacted autopsy report already released to the public.
Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum
Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum
Nevada Law Journal Forum
On April 5th, 2014, BLM temporarily closed over 500,000 acres of public land in Clark and Lincoln Counties in order to impound cattle grazing there in violation of a federal district court order. These cattle belonged, principally, to Cliven Bundy and his family—ranchers from Bunkerville, Nevada—who had stopped paying BLM permitting fees in the early 1990s. In anticipation of the roundup, the Bundys put out a distress call to militia-like groups around the country, and seven days later, an armed crowd confronted federal and state officers in the desert near Gold Butte. Another week later, federal authorities backed down, citing …
Congressional Control Of Presidential Pardons, Glenn H. Reynolds
Congressional Control Of Presidential Pardons, Glenn H. Reynolds
Nevada Law Journal Forum
The reach of the presidential pardon power has been much in the news of late (for a variety of reasons). It is well established that the pardon power is plenary; that it can be exercised in advance of formal criminal charges being filed; and that it does not extend to state crimes; but there remain many unsettled (and unsettling) questions. Can a president pardon himself? Can a pardon, though perfectly lawful in itself, constitute obstruction of justice? Can a president use a pardon, issued in advance of criminal activity, to insulate an actor from criminal liability before the criminal act …
Petition For Writ Of Certiorari, Morrow V. Ford, Leslie C. Griffin, Marci A. Hamilton
Petition For Writ Of Certiorari, Morrow V. Ford, Leslie C. Griffin, Marci A. Hamilton
Supreme Court Briefs
No abstract provided.
Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf
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 …
Chevron's Liberty Exception, Michael Kagan
Chevron's Liberty Exception, Michael Kagan
Scholarly Works
This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron deference …
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
Scholarly Works
No abstract provided.
Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales
Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales
Scholarly Works
Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …