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Cocking v. State of Nevada, 141 Nev. Adv. Op. 21 (Apr. 24, 2025)
Full text linkNEVADA SUPREME COURT RULES THAT CONCEALED CARRY AND SERIAL NUMBER REQUIREMENTS DO NOT VIOLATE THE SECOND AMENDMENT
Table of Contents, Editorial Board, Law School Faculty and Administration, Advisory Board, Advisory Council, Sponsors
Full text linkIn Re: Pub. Records Request to Las Vegas Metro. Police Dep’t, 141 Nev. Adv. Op. 26 ((May 29, 2025)
Full text linkNPRA CONTROLS DISCLOSURE OF POLICE INVESTIGATIVE RECORD
City of Las Vegas, a Local Government Employer v. Las Vegas Police Protective Association, a Nevada Nonprofit Corporation; Jonathon Burdette, an Individual and Member of the Las Vegas Police Protective Union; and John Arvanites, an Individual and Member of the Las Vegas Police Protective Union [State of Nevada], 141 Nev. Adv. Op. 1 (Jan. 9, 2025)
Full text linkNRS 289.060’s “officer” is referring to a peace officer. All investigations of a peace officer must be conducted by another peace officer and not another municipal employee. Anyone other than a peace officer who conducts interviews in relation to a disciplinary matter is in error
Public Defender Workload and the Promise of Gideon
Full text linkGideon v. Wainwright, which was decided in 1963, held that the Sixth Amendment guarantees the right to counsel for poor people charged with crimes in state court.1 Over the six decades since Gideon was decided, states have grappled with how to provide public defense services
CCMSI v. Odell, 141 Nev. Adv. Op. 5 (Jan. 30, 2025)
Full text linkThe court held that an employee seeking a conclusive presumption for disabling heart issues under NRS 617.457(11) only needs to take remedial action against predisposing conditions that caused those issues. The court acknowledged that the statute provides an affirmative defense for employers against workers’ compensation claims if they can prove that the employee failed to correct conditions leading to heart disease. However, the court clarified that the plain language of the statute shows that the affirmative defense only works if the predisposing condition actually caused the heart disease and does not apply to all conditions. Therefore, even if an employee fails to correct a predisposing condition that is not the cause of their disease, they are still entitled to the conclusive presumption and workers’ compensation
Copyright, eBooks, and the Future of Digital Lending
Full text linkPublic libraries face a digital lending crisis. Even as library patrons demand greater access to digital materials, eBook publishers have subjected libraries to onerous licensing terms. These include prices substantially higher than those charged to the general public, as well as stringent constraints on license duration and/or loan volume, forcing many libraries to repurchase their eBooks every one or two years. Some publishers are releasing new books only in digital formats, making it even more costly for libraries to maintain robust collections. eBook publishers also compel libraries to use specific digital lending platforms which pose risks to patron privacy. At the same time, many public libraries face budget cuts as well as politically-motivated book bans, reducing their ability to meet local patrons’ needs, and forcing patrons to search for materials from other sources.
To better serve patrons, some libraries have resorted to self-help in the form of controlled digital lending (CDL), producing and lending their own scans of printed materials, lending the digital copy to only one patron at a time, while making the print copy unavailable for the duration of the digital loan. A number of these libraries have pooled their collections to provide CDL through the Internet Archive. However, under precedents interpreting the first sale rule and the fair use defense, CDL is likely to constitute copyright infringement, especially in light of the Second Circuit’s 2024 decision in Hachette Book Group, Inc. v. Internet Archive.
At the state level, actual and proposed legislation, including a recently developed Model Law, would compel eBook publishers to offer reasonable licensing terms to public libraries. However, to the extent that such laws impede the exclusive rights of copyright owners to decide whether and how to exploit their works, they are likely to be preempted by federal copyright law. A novel approach under consideration in Connecticut is likely to avoid preemption, but does not offer a complete solution to the nationwide problem.
The better solution is to amend federal copyright law to ensure that nonprofit libraries can obtain eBook licenses on reasonable terms. Such an amendment could draw inspiration from the Model Law as well as the European Union’s rental right, and could take the form of either an exception or a compulsory license. Consistent with the long tradition of library exceptions already included in federal copyright law, such an amendment would recognize the critical role that libraries play in maintaining an informed electorate
IN RE: PARENTAL RIGHTS AS TO R.A.S., 141 Nev. Adv. Op. 20 (Apr. 24, 2025)
Full text linkTERMINATION PETITIONS INITIATED BY PRIVATE PARTIES REQUIRE SPECIFIC CONSIDERATIONS THAT DIFFER FROM STATE-INITIATED PETITION