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Articles 91 - 120 of 150
Full-Text Articles in Courts
How Children Are Heard In Child Protective Proceedings, In The United States And Around The World In 2005: Survey Findings, Initial Observations, And Areas For Further Study, Jean Koh Peters
Nevada Law Journal
No abstract provided.
Giving A Voice To The Voiceless: Enhancing Youth Participation In Court Proceedings, Miriam Aroni Krinsky, Jennifer Rodriquez
Giving A Voice To The Voiceless: Enhancing Youth Participation In Court Proceedings, Miriam Aroni Krinsky, Jennifer Rodriquez
Nevada Law Journal
No abstract provided.
A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross
A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross
Nevada Law Journal
No abstract provided.
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Nevada Law Journal
No abstract provided.
Judicial Predilections, John Paul Stevens
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Nevada Law Journal
Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have ,written of her accomplishments as the first woman to enter the brotherhood of the Nevada judiciary.' With Justice Shearing's retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.
Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana
Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana
Scholarly Works
Three recent books written by Professors Bill Ong Hing, Kevin R. Johnson, and Victor C. Romero provide skillfully crafted roadmaps with which to understand the key emerging issues that will shape immigration law well into the next decade: the relationship of immigration control to national security. This Review captures the insights provided by these three authors to examine the restrictive laws and policies aimed at noncitizens in the name of national security as highlighted by the current efforts to federalize driver’s licenses. As this Review explains, these three books map the current antagonistic attitudes towards noncitizens post 9/11, and serve …
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive? What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive? What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos
Scholarly Works
Race matters, but judges and courts have failed to fashion a rule of law that is inclusive of all racial perspectives and realities in the United States. The reason for this dismal performance lies in how predominantly White judges, and therefore courts, conceptualize race. This article illustrates this proposition by analyzing the Rehnquist Court's race relations jurisprudence in three Supreme Court decisions handed down in 2003: Grutter v. Bollinger,Gratz v. Bollinger,and Georgia v. Ashcroft.Even as the United States Supreme Court entered increasingly complex areas of race relations, the Court continued to apply a simplistic concept of how race functions. The …
The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel
The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
Scholarly Works
This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …
The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel
The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel
Scholarly Works
When the Nevada Supreme Court decided Guinn v. Legislature, one would have thought from reading the popular press accounts that the court had forcibly displaced the State legislature by means of a violent coup d'etat. Newspaper accounts of the decision referred to it as a usurpation of power in violation of clear constitutional language, belittling the court in language sometimes more appropriate to the baseball bleachers than to serious editorial commentary. Following suit, politicized elements of the citizenry began a recall effort (seemingly unsuccessful as of this writing) directed at the court as well as joining the chorus of criticisms. …
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
Section 1446(B) Federal Removal Jurisdiction And The Thirty-Day Clock: Should A Motion To Amend Trigger The Time Bomb?, Briant S. Platt
Section 1446(B) Federal Removal Jurisdiction And The Thirty-Day Clock: Should A Motion To Amend Trigger The Time Bomb?, Briant S. Platt
Nevada Law Journal
No abstract provided.
In The Stream Of The Commerce Clause: Revisiting Asahi In The Wake Of Lopez And Morrison, Andrew Kurvers Spalding
In The Stream Of The Commerce Clause: Revisiting Asahi In The Wake Of Lopez And Morrison, Andrew Kurvers Spalding
Nevada Law Journal
No abstract provided.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …
Law Of The Case In Nevada: Confusing Relatives, Scott Doney
Law Of The Case In Nevada: Confusing Relatives, Scott Doney
Nevada Law Journal
No abstract provided.
Waiting For Daubert: The Nevada Supreme Court And The Admissibility Of Expert Testimony, Brian Irvine
Waiting For Daubert: The Nevada Supreme Court And The Admissibility Of Expert Testimony, Brian Irvine
Nevada Law Journal
No abstract provided.
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
Scholarly Works
In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …
Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss
Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss
Nevada Law Journal
No abstract provided.
They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley
They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley
Scholarly Works
Under Oregon law, persons who sell securities in violation of statutory registration requirements, or by means of some misrepresentation or omission of material fact, may be liable to any person or entity who buys securities from or through them. Likewise, persons who buy securities by means of some misrepresentation or omission of material fact may be liable to any person or entity who sells securities to or through them. In addition to, or in lieu of, suing the person who committed the material misrepresentation or omission, a plaintiff may sue one or more persons or entities who might be vicariously …
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Scholarly Works
In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Scholarly Works
One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundamental contradictions in litigation practice in the United States. A prominent philosophical tenet of the CLS movement is that law and society are gripped by a “fundamental contradiction” and simultaneously seek to embrace contradictory objectives. Civil litigation, particularly discovery, is no exception: New amendments to the discovery rules are the latest example of this contradiction. Although the new changes are not drastic, they continue the post-1976 pattern of making discovery the convenient scapegoat for generalized complaints about the dispute resolution system. One …
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Forum Non Conveniens In Federal Statutory Cases, Keith A. Rowley, Lonny Sheinkopf Hoffman
Forum Non Conveniens In Federal Statutory Cases, Keith A. Rowley, Lonny Sheinkopf Hoffman
Scholarly Works
This article, previously published in Volume 49 of the Emory Law Journal, examines the federal doctrine of forum non conveniens in cases in which the plaintiff asserts a right to relief under federal law. The arguments we advance - particularly our claim that the federal doctrine of forum non conveniens can be better understood not as turning on matters of convenience, as the formal doctrine suggests, but on an assessment of the relative sovereign interests in adjudicating the dispute - remain relevant to an understanding of the federal doctrine. The paper, thus, may be of interest to practitioners, academics and …
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Scholarly Works
This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Scholarly Works
No abstract provided.
Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos
Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos
Scholarly Works
In this Article, Professor Lazos examines initiatives and referendums in which a majority is in a position to vote on the content of a minority's democratic civic standing. Case law fails to set forth a single test for judicial review; consequently, doctrinal and theoretical coherence in this area is nonexistent. Professor Lazos proposes a test that takes into account social dynamics and focuses on the impact of these measures. First, she examines outcomes over the last three decades of approximately eighty such initiatives and referendums, from the anti-integration movement of the sixties to today's ideological and cultural versions, such as …
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Scholarly Works
The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Scholarly Works
Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.