Thursday, December 27, 2012

Judicial Selection Expert Opines on Nevada District Court Vacancies

On December 24, 2012 in an article entitled "Senate should fill Nevada federal court vacancies swiftly"published in the Las Vegas Review-Journal, former UNLV Boyd Law Professor Carl W. Tobias opined on the reasons to quickly fill the three open seats on the U.S. District Court for the District of Nevada. In the article, Professor Tobias discusses the importance of speed in the confirmation process, the qualifications of the candidates, and the effect vacancies have on the administration of justice.

Professor Tobias is a specialist on federal judicial selection, federal courts, and constitutional law. He is the Williams Professor of Law at the University of Richmond School of Law.


Tuesday, December 18, 2012

Constitutional Law Expert Opines on Equal Treatment for Same-Sex Couples in Nevada

On December 16, 2012 in an article entitled "Right to 'vote with their feet' odious" published in the Las Vegas Review-Journal, UNLV Boyd Law Professor Thomas B. McAffee discussed the November 26, 2012 federal district court ruling in Sevcik v. Sandoval, slip copy, 2012 WL 5989662 (D. Nev. 2012) and an editorial published in the Review-Journal on December 4, 2012 about the ruling.

Sevcik v. Sandoval presented the question of whether "the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the People of the State of Nevada from maintaining statutes that reserve the institution of civil marriage to one-man-one-woman relationships or from amending their state constitution to prohibit the State from recognizing marriages formed in other states as “marriages” under Nevada law if those marriages do not conform to Nevada's one-man-one-woman civil marriage institution." Sevcik, *1.

In an order granting summary judgment, District Judge Robert C. Jones ruled that "it does not." Sevcik, *1.

In "Right to 'vote with their feet' odious," Professor McAffee discusses the role of the federal Constitution and its primacy over the Nevada Constitution in matters of constitutional protection for fundamental rights. He also writes about the role of courts in enforcing equal protection of fundamental rights such as marriage. Professor McAffee is an expert on constitutional law, American legal history, and jurisprudence.


Tuesday, October 23, 2012

UNLV Law Blog: Boyd Bar Pass Results for July 2012


Posted today on the UNLV Law Blog:

Our overall pass rate, 76%, is the second highest July bar pass rate!  It exceeds the statewide overall pass rate of 69%.  We continue to exceed the statewide overall pass rates for both first timers and repeaters.

Overall Pass Rate:
The Nevada overall pass rate was 69% and includes both attorneys and students.  In comparison, in July 2011, the NV overall pass rate was 63%, while in February 2012, the Nevada overall pass rate was 63%.
The Boyd overall pass rate was 76% (94/124) and includes both first-timers and repeaters.  In comparison, in July 2011, Boyd's overall pass rate was 81% (87/108), while in February 2012, Boyd's overall pass rate was 67% (30/45).

First time Student Takers: 
The Nevada pass rate for first-time takers: 77%  In comparison, in July 2011, the Nevada pass rate for first-time student takers was 79%, while in February 2012 the Nevada pass rate for first-time student takers was 67%.
The Boyd pass rate for first-time takers was 79% (89/113).   In comparison, in July 2011, Boyd's pass rate for first-time takers was 87%, while in February 2012 Boyd's pass rate for first-time takers was 78%.

Repeat Takers: 
The Nevada pass rate for repeating student takers was 40%.  In comparison, in July 2011, the Nevada Pass rate for repeating student takers was 22% and in February 2012, the Nevada pass rate for repeating student takers was 34%.
The Boyd pass rate for repeating student takers was 45% (5/11).  In comparison, in July 2011, the Boyd pass rate for repeating student takers was 50% and in February 2012, Boyd's pass rate for repeating student takers was 50%.

Many thanks to Stacy Shiroma, Pramate Churchville, and DeShun Harris for helping me crunch these numbers.

Jennifer Carr, Director, Academic Success Program

(reposted with permission)

Wednesday, May 9, 2012

UNLV Law Blog: Boyd Bar Pass Results for February 2012

Posted today on the UNLV Law Blog:

At 67%, our overall pass rate is the highest ever in Boyd history for a February!  And, our first-time takers set a new Boyd School of Law record among our February exam takers:  78% passed! This bests our previous record for first-time takers for a February, which was set in February 2008 of 77%.

Overall Pass Rate:
NV overall pass rate (includes both attorneys and students):  56%.  In comparison, in February 2011, the NV overall pass rate was 63%.  In July 2011, the overall pass rate was 66%.
Boyd overall pass rate (includes both first-timers and repeaters):  67% (30/45)  In comparison, in February 2011, the Boyd overall pass rate was 61%.  In July 2011, Boyd's overall pass rate was 81%.

First-time Student Takers: 
NV pass rate for first-time takers: 67%.  In comparison, in February 2011, the NV pass rate for first-time student takers was 70%.  In July 2011, the NV pass rate for first-time takers was 79%.
Boyd pass rate for first-time takers:  78% (21/27)  In comparison, in February 2011, Boyd's pass rate for first-time takers was 57%.  In July 2011, Boyd's pass rate for first-time takers was 87%.

Repeat Takers: 
NV pass rate for repeating student takers: 34%. In comparison, in February 2011, the NV pass rate for repeating student takers was 59%.  In July 2011, the NV pass rate for repeating student takers was 26%.
Boyd pass rate for repeating student takers:  50% (8/16).  In comparison, in February 2011, Boyd's pass rate for repeating student takers was 63%.  In July 2011, Boyd's pass rate for repeating student takers was 50%.

Jennifer Carr, Director of the Academic Success Program

(reposted with permission)

Saturday, March 24, 2012

State Bar Diversity Committee Scholarship Deadline Approaching

The deadline for the State Bar of Nevada's Diversity Committee 2012 scholarships is approaching. Applications for the two $5,000 Diversity Scholarships are due on April 5, 2012, in just under two weeks.  

These scholarships are given to two UNLV Boyd Law students "who embrace the Committee's mission to increase diversity within the membership and leadership of the State Bar of Nevada and the profession and to promote cultural competence." For more information, go to the Diversity Scholarships page on the state bar website.

Funding is provided by the Lawyer Referral and Information Service Committee.

Friday, March 23, 2012

Boyd Law Graded A+ on Employment Transparency

The March 2012 issue of the National Jurist ranked the UNLV Boyd School of Law A+ on employment transparency. Boyd was one of only six school that received an A+ out of 197 schools. Each school was graded on eighteen criteria.

Wednesday, October 26, 2011

Corporate Liability Under the ATCA: Rio Tinto Revisited

On October 25, 2011 the United States Court of Appeals for the Ninth Circuit, sitting en banc, decided Sarei v. Rio Tinto, PLC on Oct. 25, 2011 in an opinion written by Judge Schroeder. Rio Tinto V, No. 02-56256, slip op. (9th Cir. 2011), Sarei v. Rio Tinto, PLC (Rio Tinto V), __ F.3d. __, 2011 WL 5041927 (9th Cir. Oct. 25, 2011).

With regard to the applicability of the Alien Tort Statute, 28 U.S.C. §1350, to corporations, the court addressed two issues:
  1. "whether the [Alien Tort Statute] itself bars all corporate liability, and to the extent it applies to private actors, permits liability only as to individuals" Rio Tinto V, slip op. at 19339 , __ F.3d at *6. and
  2. "whether, if there is no overall statutory bar to corporate liability, the particular internationally accepted norm alleged to have been violated recognizes corporate liability." Rio Tinto V, slip op. at 19339 , __ F.3d at *6.