Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2019

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 2071 - 2100 of 12024

Full-Text Articles in Law

Tricarichi V. Coöperatieve Rabobank, 135 Nev. Adv. Op. 73175 (May 2, 2019), John Bays Sep 2019

Tricarichi V. Coöperatieve Rabobank, 135 Nev. Adv. Op. 73175 (May 2, 2019), John Bays

Nevada Supreme Court Summaries

The Court determined that (1) Walden v. Fiore did not overrule Davis v. Eighth Judicial Dist. Court, meaning that Nevada, under its long-arm statute, recognizes conspiracy-based theory personal jurisdiction and utilizes the conspiracy jurisdiction test as laid out in Gibbs v. Prime Lending and (2) Tricarichi failed to establish personal jurisdiction under either specific or conspiracy theory personal jurisdiction due to an inability to provide sufficient evidence connecting the respondents actions to Nevada.

Go to article

State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham Sep 2019

State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham

Nevada Supreme Court Summaries

The Court determined that (1) a hearing officer must also give deference to the agency’s determination that a crime is so serious that termination serves the public good, even when the agency has no published regulation dictating that outcome, and (2) an administrative hearing officer committed a clear error of law in relying, in any way, upon an invalid regulation to review an agency’s determination to terminate for a first-time disciplinary action.

Go to article

City Of Reno V. Joy Yturbide, 135 Nev. Adv. Op. 14 (May 2, 2019), Gabrielle Boliou Sep 2019

City Of Reno V. Joy Yturbide, 135 Nev. Adv. Op. 14 (May 2, 2019), Gabrielle Boliou

Nevada Supreme Court Summaries

The Court held that a compensation insurer may not reduce the 25 percent limit on lump-sum payments for an employee’s permanent disability award on different subsequent injuries. The court affirmed the district court’s denial of appellants’ petition for judicial review.

Go to article

Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan Sep 2019

Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan

Nevada Supreme Court Summaries

The Court found that (1) strict compliance with contract notice requirements is unnecessary if the defaulting party receives actual notice and no prejudice resulted from failure to comply strictly with the contract terms; and (2) a party is not necessary under NRCP 19 unless the other parties to the litigation cannot obtain complete relief in that party’s absence.

Go to article

Kim V. Dickinson Wright, Pllc, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019), Elizabeth Davenport Sep 2019

Kim V. Dickinson Wright, Pllc, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019), Elizabeth Davenport

Nevada Supreme Court Summaries

The Court reversed the district court’s order granting the motion to dismiss and determined 28 U.S.C. § 1367(d), the statute of limitations for a state-law claim filed in federal court, stops running only while the claim is pending in federal court and for 30 days after the state-law claim’s dismissal. Further, Nevada’s litigation malpractice rule, which does not apply to non-adversarial or transactional representation, or before the attorney files a complaint, tolls a litigation malpractice claim’s statute of limitations until the underlying litigation is resolved and damages are certain, preserving the statute of limitations under NRS 11.207(1) which requires a …

Go to article

Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett Sep 2019

Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett

Nevada Supreme Court Summaries

The Court held that Appellants provided insufficient evidence to show that Respondents had a duty to Appellant or breached their duty to Appellant. The Appellants failed to provide the required expert testimony necessary for a case concerning the professional conduct of a profession whose standards and procedures are not known to the public. Additionally, because the contract between the Appellants and the Respondents did not expressly name the Appellants as third-party beneficiaries, the Appellants do not have standing to request the contract be enforced.

Go to article

Cameron V. Eighth Judicial Dist. Court In & For Cty. Of Clark, 135 Nev. Adv. Op. 28, 445 P.3d 843, Manuel Gurule Sep 2019

Cameron V. Eighth Judicial Dist. Court In & For Cty. Of Clark, 135 Nev. Adv. Op. 28, 445 P.3d 843, Manuel Gurule

Nevada Supreme Court Summaries

Timmie Cameron filed a writ of mandamus challenging the district court’s ruling to increase both his bail from $25,000 to $100,000 and his level of monitoring from mid-level electronic monitoring to house arrest.The Court ruled the district court did not establish a good cause to warrant the bail increase and writ relief was granted.

Go to article

First Transit V. Chernikoff, 135 Nev. Adv. Op. 32 (Aug. 1, 2019), Michael Holthus Sep 2019

First Transit V. Chernikoff, 135 Nev. Adv. Op. 32 (Aug. 1, 2019), Michael Holthus

Nevada Supreme Court Summaries

The Court clarified that (1) the heightened duty of care by common carriers only applies to transportation-related risks, and (2) when a common carrier is aware of a passenger’s disability, reasonable care includes providing safe transport that the circumstances reasonably require based on the disability.

Go to article

City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter Sep 2019

City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter

Nevada Supreme Court Summaries

The City of Mesquite asked the Court to determine which statute of limitations (“SOL”) applies to a local government employee's complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. The City argued that the claims are subject to a six-month limitations period under Nevada’s Local Government Employee-Management Relations Act (“EMRA”). The Court declined to answer the question. Instead, it clarified that there is no private cause of action to enforce a claim against a union for breach of the duty of fair representation in the first instance. But, …

Go to article

Menendez-Cordero V. State, 135 Nev. Adv. Op. 29 (Jul 25, 2019), Nick Hagenkord Sep 2019

Menendez-Cordero V. State, 135 Nev. Adv. Op. 29 (Jul 25, 2019), Nick Hagenkord

Nevada Supreme Court Summaries

The Court concluded that (1) the empanelment of an anonymous jury does not, without actual prejudice, infringe on a defendant’s constitutional rights and the district court satisfied the abuse-of-discretion standard adopted; (2) the district court need not instruct a jury that is responsible for imposing a sentence in a first-degree murder case under NRS 175.552 about the effects of a deadly weapon enhancement; and (3) there was no abuse of discretion in the district court’s decision to admit Menendez-Cordero’s threats as consciousness-of-guilt evidence.

Go to article

Bowser V. State Of Nevada, 135 Nev. Adv. Op. 15 (May 16, 2019), Andrew Brown Sep 2019

Bowser V. State Of Nevada, 135 Nev. Adv. Op. 15 (May 16, 2019), Andrew Brown

Nevada Supreme Court Summaries

The Court overruled precedent which held that a presumption of vindictiveness applies when a judge imposes a longer sentence after a new trial.

Go to article

Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda Sep 2019

Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda

Nevada Supreme Court Summaries

The Court held that (1) under Nevada's HOA foreclosure redemption statute NRS 116.31166(3) a homeowner may use proceeds from the foreclosure sale to go towards redemption of the property; and (2) that sufficient compliance with the statute is enough to satisfy the statute's requirements.

Go to article

Introduction To Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Sue Gratton Sep 2019

Introduction To Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Sue Gratton

Osgoode Hall Law Journal

The Law Commission of Ontario (LCO) is proud to introduce this special issue of the Osgoode Hall Law Journal, featuring papers inspired by the LCO’s law reform project, Defamation Law in the Internet Age, and the international conference held as part of the project, Defamation Law and the Internet: Where Do We Go From Here? The LCO is Ontario’s leading law reform agency, with a mandate to promote law reform, advance access to justice, and stimulate public debate. In its multi-year defamation law project, the LCO is reconsidering the purpose and function of defamation law in light of transformative technological …

Go to article

Where Do We Go From Here? Reflections On The Lco’S Consultation And Conference, Daithí Mac Síthigh Sep 2019

Where Do We Go From Here? Reflections On The Lco’S Consultation And Conference, Daithí Mac Síthigh

Osgoode Hall Law Journal

This is a report on the Law Commission of Ontario’s one-day conference on defamation law and the Internet by the conference rapporteur. After reviewing the topical nature of the event (including its relationship with debate on defamation law in Ontario and elsewhere), this article discusses the position of defamation in a wider legal landscape. Points include the relationship between defamation and privacy, the impact of data protection, and the appropriateness of procedures. Then, the impact of technological change is assessed, referring to the liability of intermediaries, the enforcement of decisions, and the degree to which online communication can support a …

Go to article

Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson Sep 2019

Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson

Osgoode Hall Law Journal

As leading common law jurisdictions grapple with the Internet’s impact on defamation law, comparative legal scholarship has revealed long-standing problems with its underlying theoretical justifications. Specifically, public libel doctrine is commonly supported by appeals to democratic theory in the abstract. Accountability concerns most relevant to adjudicating public libel cases are thus routinely overlooked. This article aims to diagnose the causes of these theoretical inaccuracies, describe their impact on public libel law, and translate their significance for law reform. Through exploring eighteenth-century libertarian thought, we highlight the foundational importance of accountability and the checking function rationale to democratic theory and governance. …

Go to article

“O! They Have Lived Long On The Alms-Basket Of Words”: Enhancing Efficacy And Reducing Cost By Limiting The Role Of Law And Lawyers In Defamation Disputes, Andrew Scott Sep 2019

“O! They Have Lived Long On The Alms-Basket Of Words”: Enhancing Efficacy And Reducing Cost By Limiting The Role Of Law And Lawyers In Defamation Disputes, Andrew Scott

Osgoode Hall Law Journal

To triangulate the individual and social interests in reputation and free speech, the common law has generated an unwieldy corpus of technical rules and counterfactual assumptions. This complexity entails enormous cost and opportunities for game-playing by astute, well-resourced litigants. Neither reputation nor free speech is well-served by reform initiatives that focus mainly on amending the substantive law. This paper offers a critical assessment of a proposal that might better address complexity and cost. This comprises the inextricable combination of two initiatives: repeal of the ‘single meaning rule’ which promises to simplify the court’s task, but instead generates complexity in defiance …

Go to article

Defamation, Privacy And Aspects Of Reputation, Andrew T. Kenyon Sep 2019

Defamation, Privacy And Aspects Of Reputation, Andrew T. Kenyon

Osgoode Hall Law Journal

Unlike the commonplace statement that defamation law protects reputation, this article suggests that it only protects aspects of reputation. Previously, defamation was often the only avenue of legal protection for reputation worth examining, but now privacy actions also offer an avenue of protection for aspects of reputation in many jurisdictions. In other words, informational privacy law now protects aspects of reputation, as does defamation law. Recognizing this fact leads to the suggestion that exactly what each action—defamation and informational privacy—seeks to protect could be stated more concisely. This exercise, undertaken in this article, draws on classic defamation law analysis by …

Go to article

Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young Sep 2019

Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young

Osgoode Hall Law Journal

Given the broad meaning of publication in defamation law, internet intermediaries such as internet service providers, search engines, and social media companies may be liable for defamatory content posted by third parties. This article argues that current law is not suitable to dealing with issues of internet defamation and intermediary responsibility because it is needlessly complex, confusing, and may impose liability without blameworthiness. Instead, the article proposes that publication be redefined to require a deliberate act of communicating specific words. This would better reflect blameworthiness and few intermediaries would be liable in defamation under this test. That said, intermediaries profit …

Go to article

Re-Imagining Resolution Of Online Defamation Disputes, Emily B. Laidlaw Sep 2019

Re-Imagining Resolution Of Online Defamation Disputes, Emily B. Laidlaw

Osgoode Hall Law Journal

If an individual or company is defamed online, they have two options to resolve the dispute, absent a technical solution. They can complain to an intermediary or launch a civil action. Both are deficient for a variety of reasons. Civil litigation is often unsuitable given the nature of online communications (across different platforms, jurisdictions, involving multiple parties, and spread with ease), the length and cost of litigation, and the ineffectiveness of traditional remedies. Intermediary dispute resolution processes can sometimes be effective, but lack industry standards and due process, place intermediaries in pseudo-judicial roles, and depend on the changeable commitments of …

Go to article

Book Review: Adultery: Infidelity And The Law, By Deborah L. Rhode, Hana Bell Sep 2019

Book Review: Adultery: Infidelity And The Law, By Deborah L. Rhode, Hana Bell

Osgoode Hall Law Journal

Despite being against the actual act of adultery, Deborah Rhode, the Ernest W McFarland Professor of Law and Director of the Center on the Legal Profession at Stanford University, makes a shockingly compelling argument for abolishing all laws that criminalize adultery in America. Rhode has written the first book of its kind—“the first comprehensive account of adultery and its legal consequences in the United States.” Weaving through various scenarios in which pro-adultery law arguments might be made, Rhode concludes that “laws governing adultery have grown more anachronistic.” Upon navigating the first few pages of Rhode’s book, one may prematurely dismiss …

Go to article

Book Review: Human Rights In Global Health: Rights-Based Governance For A Globalizing World, Edited By Benjamin M. Meier & Lawrence O. Gostin, Regiane Garcia, Kristi Heather Kenyon Sep 2019

Book Review: Human Rights In Global Health: Rights-Based Governance For A Globalizing World, Edited By Benjamin M. Meier & Lawrence O. Gostin, Regiane Garcia, Kristi Heather Kenyon

Osgoode Hall Law Journal

This groundbreaking compilation—edited by two scholars who helped to establish the “health and human rights” field—systematically explores the structures and processes of human rights implementation in global health institutions, arguing that a rights-based approach to health governance advances global health. This 640-page volume brings together forty-six experienced scholars and practitioners who have contributed to twenty-five chapters organized into six thematic sections. This “unprecedented collection of experts” provides unique, hands-on insights into how the “institutional determinants of the rights-based approach to health” facilitate—or hinder—the “mainstreaming” of human rights into global health interventions. The “institutional determinants,” which, in the contributors’ view, promote …

Go to article

Book Review: Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World, By Michael J. Bazyler, Irina Samborski Sep 2019

Book Review: Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World, By Michael J. Bazyler, Irina Samborski

Osgoode Hall Law Journal

Law is commonly thought of as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University’s Fowler School of Law refutes the notion that the Holocaust was an extralegal event—instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that followed the …

Go to article

In Re Fund For Encouragement Of Self Rel., 135 Nev. Adv. Op. 10 (Apr. 25, 2019), Skylar Arakawa-Pamphilon Sep 2019

In Re Fund For Encouragement Of Self Rel., 135 Nev. Adv. Op. 10 (Apr. 25, 2019), Skylar Arakawa-Pamphilon

Nevada Supreme Court Summaries

NRS § 163.556 does not permit a court to disregard trustees' objections and appoint half of a wholly charitable trust’s assets to a new trust when, pursuant to the trust instrument’s terms, all trustees must consent before distributing half of the trust’s assets.

Go to article

The Original Roofing Co., Llc V. Chief Admin. Officer Of The Occupational Safety And Health Admin., 135 Nev. Adv. Op. 18 (Jun. 6, 2019), Riley Coggins Sep 2019

The Original Roofing Co., Llc V. Chief Admin. Officer Of The Occupational Safety And Health Admin., 135 Nev. Adv. Op. 18 (Jun. 6, 2019), Riley Coggins

Nevada Supreme Court Summaries

The Court held that supervisors’ knowledge that their own conduct, or that of an employee under their supervision, violates NOSHA safety laws cannot be attributed to the employer unless the impermissible actions were foreseeable.

Go to article

U.S. Bank Nat’L Ass’N Nd Vs. Resources Grp., Llc, 135 Nev. Adv. Op. 26 (July 3, 2019), Christopher Gonzalez Sep 2019

U.S. Bank Nat’L Ass’N Nd Vs. Resources Grp., Llc, 135 Nev. Adv. Op. 26 (July 3, 2019), Christopher Gonzalez

Nevada Supreme Court Summaries

The Court determined that (1) previous case law and the NRS require an HOA that is seeking to foreclose a superpriority lien to send the holder of a recorded first deed of trust a notice of default and notice of sale, even when they have not been formally requested. Additionally, they held that (2) the district court would have to decide questions of fact to determine whether Resources Group was a bona fide purchaser.

Go to article

Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich Sep 2019

Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich

Nevada Supreme Court Summaries

The Court determined that under NRS 3.2203 (1) an order determining physical custody of a child satisfied the dependency or custody prong for Special Immigrant Juvenile predicate findings; and (2) in order to determine predicate findings, the reunification prong is satisfied where the juvenile cannot reunify with at least one parent.

Go to article

Waste Mgmt. Of Nev., Inc. V. W. Taylor Street, Llc., 135 Nev. Adv. Op. 21 (Jun. 27, 2019), Trisha Delos Santos Sep 2019

Waste Mgmt. Of Nev., Inc. V. W. Taylor Street, Llc., 135 Nev. Adv. Op. 21 (Jun. 27, 2019), Trisha Delos Santos

Nevada Supreme Court Summaries

The Court determined that (1) the district court properly determined that garbage liens are perpetual; (2) that the district court erred in applying the lien perfection requirements contained in NRS 108.226; and (3) erred in applying the two-year statute of limitations contained in NRS 11.190(4)(b) to the foreclosure of those liens under NRS 444.520.Therefore, a garbage lien is not subject to a statute of limitations and a municipal waste management company may foreclose upon such a lien under NRS 444.520(4).

Go to article

The Binding Effects Of Soft Law. Some Remarks From The Eu Competition Law Perspective, Agnieszka Chudyba Sep 2019

The Binding Effects Of Soft Law. Some Remarks From The Eu Competition Law Perspective, Agnieszka Chudyba

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The use of EU soft law raises many doubts. On the one hand, the question is whether the legality of soft law acts may be challenged before the European courts. On the other hand, one may wonder to what extent the EU and national institutions should be bound by soft law instruments. The author focuses on this second issue. Firstly, she examines the so-called selfbinding effect of EU soft law as well as its enforcement by the EU courts. Secondly, the author examines whether this binding effect of soft law may be observed at the national level. Competition law is …

Go to article

Broad Rewarding By The Ec And Occp Of Undertakings’ Cooperation Within The Proceedings Concerning Competition Law Infringements, Agata Zawłocka-Turno Sep 2019

Broad Rewarding By The Ec And Occp Of Undertakings’ Cooperation Within The Proceedings Concerning Competition Law Infringements, Agata Zawłocka-Turno

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Article presents recent decisional practice of EC showing the tendency to broad rewarding of undertakings’ cooperation with the authorities outside existing procedures of leniency, settlements and commitment decisions. It also presents OCCP’s approach in this respect. Furthermore it assess, whether the broad use of negotiated approach to the enforcement of competition law does not raise risks for the effectiveness of its enforcement.

Go to article

Improvement Of Supply Security By Regional Energy Systems, Rafał Dzikowski, Władysław Mielczarski Sep 2019

Improvement Of Supply Security By Regional Energy Systems, Rafał Dzikowski, Władysław Mielczarski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The power supply systems used to operate as centralized systems where large power stations supplied electric energy via high voltage transmission networks and middle voltage distribution grids to fi nal energy users. Emerging of new technologies, in particular, renewable energy plants, and the activation of energy customers, who are able not only to shape their power profi les but also to produce electricity, have radically changed the modus operandi of power supply systems, allowing for the improvement of power supply security. The paper is focused on presenting existing power systems pointing out the new rules of power system operation that …

Go to article

First Prev Next Last