Law Commons^™

Foreword, Gene Nichol

North Carolina Law Review

No abstract provided.

Ken Rose Interview, Ken Rose, Gene Nichol

North Carolina Law Review

No abstract provided.

Floyd B. Mckissick, Jr. Interview, Floyd B. Mckissick Jr., Gene Nichol

North Carolina Law Review

No abstract provided.

Charmaine Fuller Cooper Interview, Charmaine Fuller Cooper, Gene Nichol

North Carolina Law Review

No abstract provided.

In The Matter Of H.B., Iii, 141 Nev. Adv. Op. 15 (Apr. 3, 2025), Racaiim Mckain

Nevada Supreme Court Summaries

In a decisive decision, the Nevada Supreme Court held that convicted felons are not automatically disqualified from acting as a legal guardian.

Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024), Ayanna Pope

Nevada Supreme Court Summaries

DISTRICT COURTS CANNOT FIND A FELONY DEFENDANT COMPETENT TO STAND TRIAL AFTER A PRIOR INCOMPETENCY DETERMINATION WITHOUT INPUT FROM THE ADMINISTRATION OF THE DIVISION OF PUBLIC AND BEHAVIORAL HEALTH.

Virgin Valley Water Dist. Vs. Paradise Canyon, Llc, 141 Nev. Adv. Op. 19 (Apr. 24, 2025), Cassandra White

Nevada Supreme Court Summaries

A GOVERNMENT AGENT IS CONSIDERED A PRIVATE PARTY IN CONTRACT DISPUTES, A JUDGE DETERMINES QUESTIONS OF LAW, THE COVENANT OF GOOD FAITH AND FAIR DEALING DOES NOT APPLY TO ACTIONS THAT COMPLY WITH A CONTRACT, ONLY A PERMIT HOLDER IS REQUIRED TO SHOW BENEFICAL USE OF PUBLIC WATER, UNAMBIGOUS CONTRACT PROVISIONS SHOULD BE CONSIDERED, A JUDGE CANNOT TAKE JUDICIAL NOTICE OF THEIR OWN FACTS, ATTORNEY COMMENTS SHOULD NOT BE IRRELEVANT AND INFLAMMATORY, AND TIME LIMITS CANNOT BE ARBITRARILY ENFORCED.

Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson

Nevada Supreme Court Summaries

THE DISTRICT COURT PROPERLY DENIED RELIEF BECAUSE PAROLE ELIGIBILITY FOR JUVENILE NONHOMICIDE OFFENDERS ARISES BY OPERATION OF LAW AND DOES NOT REQUIRE RESENTENCING OR CORRECTION OF A LAWFUL JUDGMENT.

In Re: Parental Rights As To R.A.S., 141 Nev. Adv. Op. 20 (Apr. 24, 2025), Sierra Bergquist

Nevada Supreme Court Summaries

TERMINATION PETITIONS INITIATED BY PRIVATE PARTIES REQUIRE SPECIFIC CONSIDERATIONS THAT DIFFER FROM STATE-INITIATED PETITIONS

Sheridan Vs. State Of Nevada, 141 Nev. Adv. Op. 22 (Apr. 24, 2025), Austin Cassell

Nevada Supreme Court Summaries

THE SUPREME COURT DETERMINED THAT OBSTRUCTING OR RESISTING AN OFFICER BY FLIGHT AND FAILURE TO REGISTER AS A CONVICTED PERSON ARE NOT CATEGORICALLY CRIMES OF VIOLENCE UNDER NRS 176A.510

Hernandez Vs. The Home Depot, Inc. (Nrap 5), 141 Nev. Adv. Op. 23 (May 01, 2025), Julia Daileda

Nevada Supreme Court Summaries

Nevada fails to impose strict liability for a defective or dangerous product on a trademark licensor that played no role in the product’s design or manufacture.

Urias V. First Jud. Dist. Ct., 141 Nev. Adv. Op. 24 (May 8, 2025), Daren Dunaway

Nevada Supreme Court Summaries

NRS 484E.040 applies only to highways that are open to public access or to which individuals have access as invitees or licensees and therefore does not apply to private property.

In Re: Pub. Records Request To Las Vegas Metro. Police Dep’T, 141 Nev. Adv. Op. 26 ((May 29, 2025), Alexander Stevens

Nevada Supreme Court Summaries

NPRA CONTROLS DISCLOSURE OF POLICE INVESTIGATIVE RECORDS

Black V. Dist. Ct., 141 Nev. Adv. Op. 18 (Apr. 17, 2025), Kayla Snowden

Nevada Supreme Court Summaries

Direct claims are unique to shareholders and pursuable in state court, while Derivative claims affect the corporation as well.

Bourne Vs. Valdes, M.D., 141 Nev. Adv. Op. 30 (June 12, 2025), Sierra Bergquist

Nevada Supreme Court Summaries

As a matter of first impression, the Nevada Supreme Court determined the “suicide rule” is not a complete defense to claims of medical malpractice. Suicide does not relieve a medical provider of liability for the patient’s death. The determination is instead resolved under the established framework of medical malpractice law.

In Re: A.T., A Minor, 141 Nev. Adv. Op. 32 (Jun. 12, 2025), Kayla Snowden

Nevada Supreme Court Summaries

A no-contest plea may serve as an admission in a child protection hearing over the objection of the district attorney in favor of avoiding delays in the absence of a denial of allegations.

Kosor, Jr. V. S. Highlands Cmty. Ass’N, 141 Nev. Adv. Op. 34 (Jun. 18, 2025), Grace Michaelson

Nevada Supreme Court Summaries

A statutory pre-suit alternative dispute resolution requirement, like NRS 38.310, is a mandatory procedural rule, not a jurisdictional bar, and may be waived or forfeited if not timely raised.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.

Default Is No Option: The Unconstitutionality Of The Debt Limit Law, Fred A. Slone

UC Law Constitutional Quarterly

This article demonstrates conclusively the unconstitutionality of a widely feared default on the public debt due to the debt limit.

First, we find that Article I of the Constitution granted Congress no power, express or implied, to provide for a default by the United States. Under the principles of constitutional law established by the Supreme Court in Marbury v. Madison (1803), any law outside the powers of Congress is void. Thus, the unconstitutionality of a default may be readily established pursuant to Article I, with additional support from the Tenth Amendment.

Furthermore, we find that the Fifth and Fourteenth Amendments …

Reevaluating Fourth Amendment Protections In The Digital Age, Tiffany Benjamin

UC Law Constitutional Quarterly

No abstract provided.

Skirmishing Toward A General Theory Of Evidence And Proof, Kevin M. Clermont

Cornell Law Faculty Publications

Traditional probability fundamentally assumes bivalence and additivity: there is only truth and falsity, whose odds add to one. The consequence is many problems and paradoxes for factfinding, all attributable to the assumptions’ exclusive focus on random uncertainty. By contrast, multivalent belief theory abjures those two assumptions, thereby allowing consideration of epistemic uncertainty. This theory divides the factfinder’s state of mind into three, not two, gradated concepts: belief, uncommitted belief representing epistemic unknowns, and disbelief. This theory utilises a more general but perfectly valid logic that accounts for all relevant kinds of uncertainty and so explains the law’s wise practices. In …

Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. Mcdermott

Journal of Dispute Resolution

This empirical study suggests that the existence and impact of the “repeat player effect” (“effect”) may be exaggerated. Legal and conflict resolution theorists suggest that the existence of repeat players is a process flaw. They opine that first time players (“one-shotters”) are at a disadvantage to repeat players. Stulberg extended this process flaw theory to mediation.

Arbitration: An Unstoppable Wave?, Matthew Boston

Journal of Dispute Resolution

In recent years, large companies have started favoring the use of compelled arbitration agreements. Arbitration is one of many mechanisms encompassed under alternative dispute resolution (“ADR”), a broad framework by which parties may seek alternatives to litigation. As a whole, ADR arose with the intent of avoiding the high costs of litigation. Arbitration became the “principal form of ADR” for a period of time, with cost savings in mind.

Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright, Audrey O'Brien

Journal of Dispute Resolution

In the mid-twentieth century, the landscape of copyright was quickly changing, facing new technologies as well as cultural changes that would ultimately test the limits of the 1909 Copyright Act. Choreographic copyright protection changed immensely throughout the last half of the twentieth century, and one ballet company at the forefront of the changing tides of copyright law was the New York City Ballet (“NYCB”), led by choreographer George Balanchine. By the time Balanchine passed, the legacy of both his company, NYCB, and his body of copyrighted work was immense enough to determinatively color the way choreographic copyrights are handled under …

Exploring Mutable Characteristics And Discriminatory Perceptions In Justice Systems, Daniel L. Chen

Minnesota Journal of Law & Inequality

No abstract provided.

#Taxback? Prohibiting State Real Property Taxes On Land In Indian Country, Pippa Browde

Faculty Law Review Articles

Land is a critical asset of Indian tribes. As tribes wrestle with how to create sustainable economies to support their sovereignty, the use and management of tribal land is integral. Taxation is a key component of economic development. This Article is about taxation of land within Indian country. It considers existing law that allows for state taxation of some land within Indian country. It makes a normative claim as to who the proper taxing sovereign should be based on tax policy principles and principles that support tribal self-governance and tribal sovereignty.

In Part II, this Article provides the background for …

Sabin Center For Climate Change Law Annual Report 2024-2025, Tiffany Challe

Sabin Center for Climate Change Law

This 2024-2025 annual report highlights the Sabin Center’s breadth and impact across our program areas, including climate litigation, carbon management and negative emissions technologies, US climate policy, energy transition, climate law and finance.

Liquid Power: Myths, Realities, And Policy Responses To Wall Street's Takeover Of Water Markets, Vanessa Casado-Pérez

Faculty Scholarship

In Don Quixote, there is a moment when all the knightly novels are thrown into the fire for their fantastical depictions of chivalry. Yet one book is spared: Tirant lo Blanc. It is saved because, unlike the others, it portrays knights who die in their beds-offering a more realistic depiction of medieval battles. Similarly, Liquid Asset stands out as the book that should be preserved from the extensive body of scholarship on water markets. Many works in this field are influenced by ideological biases that shape their analyses. In contrast, Buzz Thompson's books provides the nuance and balance often lacking …

July 2025 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.