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Brett Gilman v. Clark Cnty. School Dist. and Sierra Nevada Administrators, 139 Nev. Adv. Op. 7 (Mar. 16, 2023)
Get PDFIn order to deny a claim for coverage for a specific body part under a worker’s compensation policy, the denial must be made in writing, specifying that that body part is denied. A finding that an injury to a specific body part was impliedly denied coverage under a worker’s compensation claim because it wasn’t listed among the specifically approved body parts violates NRS 616C.065 and NRS 616C.390
Why the South Still Hasn’t Bet the Farm—After Murphy V. NCAA, Southern States Are Less Concerned with Protecting Moral Conservatism and Much More Concerned with an Inability To Make Sports Gambling Economically Viable at the State Level
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State [State of Nevada] v. Gonzales, 123 Nev. Adv. Op. 45 (Sept. 14, 2023)
Get PDFThe Nevada Supreme Court considered whether the district court erred in dismissing the criminal complaint against Defendant after Defendant’s due process rights were violated from a delay in receiving competency restoration treatment.
The Court reversed, holding that: (1) the Court’s precedent did not support the district Court’s decision to dismiss Defendant’s complaint with prejudice due to aggravated circumstances, and (2) the district court failed to consider the balance between deference and the need for criminal prosecution
Mack v. Williams, 138 Nev. Adv. Op. 86 (Dec. 29, 2022)
Get PDFTo determine if a private right of action exists for a violation of a self-executing provision of the Nevada Constitution, the court applies a three-step test. First, the court asks whether the language and history of the constitutional provision established an indication of intent to provide or withhold the requested remedy. If answered negatively, the court then considers whether the several factors set forth in § 874A of the Restatement (Second) of Torts favors the requested remedy. Third, the Court considers if any special factors counsel hesitation in the recognition of monetary damages. In this case the Nevada Supreme Court held that a private right of action for money damages exists to vindicate violations of search-and-seizure rights under Article 1, Section 18 of the Nevada Constitution. Additionally, the Court held that qualified immunity cannot be used as a defense to claims under the same constitutional provision
Never Equals: Slavery, White Masculinities, and the Legacy of Law in Today’s Workplace
Get PDFThis essay discusses two themes of Race Unequals: (1) the role of law in creating and reinforcing gendered, classed, and raced identities on plantations in the Antebellum South; and (2) the existence of slavery\u27s legacy today in workplaces and the law\u27s frequent failure to remedy its damaging tentacles. Part II describes masculinities studies from the social sciences and Multidimensional Masculinities Theory in law and applies the theory to analyze the first theme. Part III considers slavery\u27s legacy in today\u27s workplaces and analyzes employment discrimination law\u27s shortcomings in eliminating racism in workplaces. The essay concludes that White masculinities, established in the Old South, were created and maintained by law, and that the stain of slavery continues to exist today despite the efforts of the civil rights movement to ban racial discrimination in employment. Moreover, the courts have played a role in perpetuating racial discrimination in workplaces through their interpretation of the antidiscrimination laws