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American Givers: How the Reneging of the Federal Trust Responsibility Impacts Indian Gaming and Continues America\u27s Apathetic Oppression of Native Americans
Get PDFContinuing Principled Sentencing Reform and Winding Back Mass Incarceration Against the Backdrop of America’s Surge in Violent Crime
Get PDFIn re Search Warrants re Seizure of Docs (Hustler Club), 139 Nev. Adv. Op. 23 (Aug. 24, 2023)
Get PDFThe Court of Appeals for the State of Nevada found that the district court properly used its discretion to find probable cause for the search warrants and to keep them sealed. The district court erred when it denied the appellants’ request to return its property because the appellants were not able to properly demonstrate privilege
Monk v. Ching, M.D., 139 Nev. Adv. Op. 18 (Jul. 6, 2023)
Get PDFNRS 41A.071 provides that any action for professional negligence shall be dismissed if it is filed without an affidavit which supports the allegations. A Nurse is not categorically barred from providing an affidavit for a professional negligence action against a physician. But the affidavit must specify the acts of negligence of each respondent and how each action breached a standard of care to a reasonable degree of medical certainty.
Moreover, NRS 41A.100 provides an exception to the affidavit requirement when foreign objects are left in a body during surgery. Gauze which are left in a wound as part of post- operative care are not foreign objects left during surgery for the purposes of the statute
Nelson v. Burr, 138 Nev. Adv. Op. 85 (Dec. 29, 2022)
Get PDFLegal malpractice claims which arise from advice given during the drafting of an estate plan are transactional legal malpractice claims. NRS 11.207(1) provides a two-year statute of limitations for both transactional and litigation-based legal malpractice claims. However, the Court has applied a litigation-malpractice tolling rule which delays the statute of limitations until the litigation in which the malpractice occurred ends and damages are certain. This tolling rule only applies to litigation-based claims. Therefore, because estate planning is transactional the tolling rule does not apply. Instead, when a litigant files or must defend against a lawsuit occasioned by transactional malpractice, they are aware of the damages at that time and the statute of limitations begins to run
Tahican, LLC v. Eighth Jud. Dist. Ct., 139 Nev. Adv. Op. 2 (Feb. 2, 2023)
Get PDFUnder NRS 14.010(1), a party may record a lis pendens “[i]n an action . . . affecting the title or possession of real property.” A claim of fraudulent transfer of real property seeking avoidance of the transfer supports a lis pendens because the relief sought affects the title or possession of the real property. The recording party does not need to be entitled to title or possession of the property to support a lis pendens
Work Hierarchies and Social Control of Laborers
Get PDFSome labor dynamics transcend place and time: workers provide the labor; management oversees the work; owners capitalize on the fruits of that labor. This hierarchy repeats across nations, industries, and eras. The actors in these stories have set roles and a particular stage to act upon. We are familiar with a narrative wherein the worker is forced to toil under extreme conditions, the manager motivates the worker to produce faster and more, and the owner reaps the rewards. And we usually know where our sympathies lie.
Professor McMurtry-Chubb\u27s latest book, Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy (hereinafter, Race Unequals), drops her readers onto a particular stage that at first feels familiar: the American plantation of the South during the era of enslavement. We know that the workers are the enslaved laborers who represent the worst commodification of forced labor. We know that the overseers are the managers who wield power and use violence to force those enslaved to cruelly and inhumanely submit. And we know that plantation owners blithely accepted the privilege of exploiting that labor as their due. The genius of Race Unequals is this: asking readers to put aside what we know and witness a completely new narrative. What if the overseer was not just the punisher but also the worker acted upon? What if plantation owners were protecting not just their monetary benefits but also their own White, masculine social identities? What if another vulnerable and precarious worker in this particular worksite was the one tasked to enforce the worksite rules? A place where those rules happen to be the most atrocious worksite rules of all time?
It bears explicitly stating, here and in any discussion of the enslavement of Africans in this country, that the horrors of slavery know no bounds. As property and a commodity, the Black body was thoroughly dehumanized by the manifestation of white supremacy as law. While recognizing these truths, we can also study the enormous pressures- economically and socially-in place to keep all workers in their respective subservient class. This essay attempts to explore one of the many themes present in Race Unequals: worksite rules and norms that have the power to control lives, dictate futures, and shape societies
N. Las Vegas Infra. Inv. v. N. Las Vegas, 139 Nev. Adv. Op. 5 (Mar. 16, 2023)
Get PDFEven when a section of a contract is unambiguous, the section’s meaning can be ambiguous when read with the entirety of the contract and its appendices. The ambiguity can then be resolved by reading the contract and its appendices together to ascertain the intent of the parties. Additionally, a district court’s decision to deny awarding attorney fees under NRCP 68(f)(1)(B) will not be disturbed if the record clearly shows the district court properly considered the Beattie factors. Lastly, taxable costs will be awarded under NRS 18.005 when those costs are truly necessarily incurred, unless otherwise enumerated
Laid To Rust: Proposing Strict Liability in Tort for Prop Firearm Injuries Following the Alec Baldwin Shooting
Get PDFProp gun safety standards are often a mixed bag. “Despite some industry reforms following previous tragedies, the federal workplace safety agency in the U.S. is silent on the issue of on-set gun safety.” Some states follow film labor union and movie studio guidelines. Other states have regulations on pyrotechnic devices, but not on prop guns. Thus, states should consider what successful legal course of action a wrongfully deceased heir can bring in the event that no criminal charges can be filed. This article proposes that the best regulatory approach and tort liability course of action is through (1) treating prop guns the same as a pyrotechnic device, and (2) characterizing the use of prop guns on-set as an abnormally or inherently dangerous activity for purposes of strict liability, should no criminal charges be granted. Part I provides both a mechanical and historical overview of the use of prop weapons in film and television. Part II further explains how props are regulated. Parts III and IV analyze the tort legal framework and explain why strict liability analysis is best suited for injuries caused by such prop gun devices