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Federal National Mortgage Ass'n V. Westland Liberty Village, Llc, 138 Nev. Adv. Op. 57 (Aug 11, 2022), D'Ahna Scott

Nevada Supreme Court Summaries

Federal National Mortgage Association v. Westland Liberty Village, LLC required the Nevada Supreme Court to clarify when a lender or its assignee is entitled to the appointment of a receiver after a borrower defaults on a real property loan agreement. In doing so, the Court interpreted two Nevada Statutes, NRS 32.260 and NRS 107A.260(1)(a)(1).2 Together, these statues provide when the appointment of a receiver is based on the discretion of the court or is a matter of right. Here, The Nevada Supreme Court held that the borrower, Westland Liberty Village (Westland) defaulted on their loan agreement with National Mortgage Association …

Martel V. Hg Staffing, Llc, 138 Nev. Adv. Op. 56 (Sept. 08, 2022), Giacomo (Jack) Silvestri

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the district court’s dismissal and judgment against claims made by a class of employees against their previous employer, HG Staffing, LLC. The Court made four major findings. First, the two-year limitations period applies to wage claims arising under NRS 608.016, NRS 608.018, NRS 680.020, and NRS 680.050. Second, a Collective Bargaining Agreement (CBA) need not be signed by the parties or unexpired; mutual assent is enough to validate the agreement. Third, if claims for wages are already time barred, employees cannot try to penalize the employer under NRS 608.040. Finally, if an active CBA contains …

Braille Literacy As A Human Right: A Challenge To The “Inefficiency” Argument Against Braille Instruction, Lindsay N. Harris, Allison Gladfelter, Alecia M. Santuzzi, Iwona Barbara Lech, Rocío Rodriguez, Luis E. Lopez, Dawn Soto, Ailing Li

CISLL Publications

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) affirms a right to education for disabled persons and aims to ensure braille instruction for blind individuals. However, there is evidence that braille instruction is often circumvented or abandoned early in CRPD nations because it is perceived as an inefficient learning medium for blind students. This perception persists despite insufficient empirical evidence and a lack of understanding of the efficiency of reading versus listening for learning in sighted individuals. We therefore investigated the efficiency of learning written versus spoken words in blind and sighted samples. Participants (23 blind, …

Ceballos V. Np Palace, Llc, 138 Nev. Adv. Op. 58 (August. 11, 2022), Lindsay Reynolds

Nevada Supreme Court Summaries

NRS 613.333 creates a private right of action in favor of an employee discharged from employment for engaging in the lawful use in this state of any product outside the employer’s premises during the employee’s nonworking hours. Although marijuana is legal in Nevada, because federal law criminalizes marijuana in Nevada, its use is not “lawful . . . in this state” and, therefore, does not provide for a private right of action. Further, an employee discharged for testing positive for recreational marijuana at work does not have a common-law tortious discharge claim under NRS 678D.510(1)(a).

Can The Big Five Of Publishing Become The Big Four?, Olivia Nacionales

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On March 4, 2020, ViacomCBS announced its intention to sell its book-publishing subsidiary, Simon & Schuster. This announcement came less than a year after the merger between Viacom and CBS. Since the 2019 merger, ViacomCBS decided to focus on television and video and began selling its smaller companies that do not have a “significant connection for [its] broader business.” Prior to the announcement to buy Simon & Schuster, ViacomCBS had received “unsolicited inbound calls” regarding the sale of the book publishing company.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. …

Anticipating The New “Green Guides”: Ftc Promises Review Of Environmental Marketing Guidance, Frances Bandas

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Federal Trade Commission (“FTC”) is poised to review its “Green Guides,” a series of guidelines issued to help marketers make nondeceptive environmental claims that comply with federal regulations. Guidance is supplied for claims about a product or its packaging, claims made in connection with a sale or service, and all forms of marketing claims.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. The original post can be accessed via the Archived Link button above.

A Reflection Of Canadian Society? An Analysis Of Federal Appointments To Provincial Superior Courts By The Liberal Government Of Justin Trudeau, Erin Crandall

Dalhousie Law Journal

Recent reforms to Canada’s system of federal judicial appointments have sought to make the process more transparent and better able to produce a bench reflective of the society it serves. This paper reviews these reforms and using judicial appointment data (2016–2020), considers whether the Liberal government has met these objectives. The relationship between official bilingualism and representation on the bench is also considered. The paper finds that “diversity” on Canada’s federally appointed provincial courts remains unbalanced. While women have made up the majority of appointments since the Trudeau Liberals formed government in 2015, other equity-deserving groups, like people of colour …

The Illinois Biometric Privacy Act Post-Rosenbach: Disposing Of Actual Harm Inflicts Limitless Harm Onto Businesses, James Nasiri

DePaul Law Review

No abstract provided.

Lowering Prescription Drug Costs: A Small Regulatory Change With A Large, Lasting Impact, Nicole Mouzakiotis

DePaul Law Review

No abstract provided.

A Model Path For Decriminalizing Simple Possession Of All Drugs, Ashley Mastro

DePaul Law Review

No abstract provided.

Resolving Disputes Over Embryo Allocation Upon Divorce: A Need For A Hybrid Approach By Illinois Courts, Andrea Howell

DePaul Law Review

No abstract provided.

The United States-Mexico-Canada Agreement: How Nafta 2.0 Represents A New Era In North American Trade, David Evans

DePaul Law Review

No abstract provided.

Regulating Balance Billing In The Private Sector: Should The Federal Government Leave Well Enough Alone?, Georgie Bierwirth

DePaul Law Review

No abstract provided.

Antitrust For The Modern Era, Ittai Paldor

DePaul Law Review

No abstract provided.

The Legal And Ethical Considerations Of Facial Recognition Technology In The Business Sector, Samuel D. Hodge Jr.

DePaul Law Review

No abstract provided.

Table Of Contents, Depaul Law Review

DePaul Law Review

No abstract provided.

Credit Scoring Duality, Pamela Foohey, Sara Sternberg Greene

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Race In The United States: A View From Outer Space, Stephen W. Smith, Géraldine Faes-Smith

Law and Contemporary Problems

No abstract provided.

Darnell, Latoya, Brad, And Laurie: Lawyers’ Responses To Email Requests For Representation, Elizabeth S. Chambliss

Faculty Publications

No abstract provided.

Vol. 63, No. 05 (September 19, 2022)

Indiana Law Annotated

No abstract provided.

Mmu: 09/19/22–09/25/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

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1L of the Week: Anna Basnaw

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Sport Report by Stephen Nugent

Jackie's Corner

Foreword: Two Americas, Doriane Lambelet Coleman

Law and Contemporary Problems

No abstract provided.

Xenophobic Conspiracy Theories And The Long Roots Of January Sixth, H. Timothy Lovelace Jr.

Law and Contemporary Problems

No abstract provided.

Unified Criminal Justice Reform, Brandon L. Garrett

Law and Contemporary Problems

No abstract provided.

How Fintech Cos. May Transform Real Estate Investment, Joseph Bizub, Justin Peralta, David J. Reiss

Cornell Law Faculty Publications

Until relatively recently, real estate with a small footprint — one-to-four-family homes as well as small retail, office and industrial buildings — were generally within the sole purview of small investors who invested locally.

Today, because of technological advances, these owner-occupants and investors face significant competition from institutional investors and an emerging class of decentralized finance investors.

These fintech companies are bringing new approaches to the challenges that real estate investing traditionally poses: illiquidity, lack of capital, lack of diversification and uneven access to market information.

This article focuses on how decentralized finance investors in particular are meeting those challenges …

Playing With Words: Amar’S Nationalist Constitution, Robert J. Pushaw Jr.

Washington and Lee Law Review Online

This essay provides a balanced critique of Akhil Amar’s important book on early constitutional theory and practice. On the one hand, Amar’s work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787‑1789), but rather analyzes the Constitution as a whole from 1760 to 1840. This holistic and longitudinal approach enables him to trace in detail the evolving constitutional views of America’s leading Founders—John Adams, Alexander Hamilton, Thomas Jefferson, James Madison, John Marshall, and George Washington—and the personal relationships among those men that helped shape those …

Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug

Washington and Lee Law Review Online

Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …

Phased Mark-To-Market For Billionaire Income Tax Reforms, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this installment of Academic Perspectives on SALT, Gamage and Shanske advocate for phased mark-to-market as a mechanism for reforming the taxation of investment gains of billionaires and megamillionaires.

Imagining The United States: Reflections From Constitutional Law, H. Jefferson Powell

Law and Contemporary Problems

No abstract provided.