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Dean’s Column: Boyd Law School's Nevada Law Journal Has National Impact

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STATE BAR OF NEVADA
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Nevada Lawyer Magazine
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“In barely a decade, the Nevada Law Journal has established itself as a resource for judges, scholars and practitioners.”
Dean’s Column
BY PROF. STEVE JOhNSON
BOYD LAW SCHOOL’S Nevada Law JOUrNaL HAS NATIONAL IMPACT
On January 6, 2011, the United States Court of Appeals for the Seventh Circuit decided an ERISA case involving a “top hat” plan – a plan created to provide senior executives deferred compensation on top of benefits in the company’s basic pension plan. In the first paragraph of the decision, Judge Richard Posner, writing for the court, cited a note written in the Nevada Law Journal by Sally Lerner Galati, then a student at the Boyd School of Law, and now a Nevada attorney1 with the firm of Marquis Aurbach Coffey. Eight days later, the Seventh Circuit, again in an opinion penned by Judge Posner, cited another piece that had been published in the Nevada Law Journal. The case involved suit for breach of implied contractual duty, and the piece was an article written by one of the Journal’s outside contributors.2 The Boyd School of Law publishes two law reviews: The Nevada Law Journal, our first review, and the UNLV Gaming Law Journal, which was spotlighted in this column in the November 2010 issue. The journals are central to the law school’s mission of training the next generation of Nevada’s lawyers and contributing to the development of the law. Articles in the Nevada Law Journal have been authored by jurists (including then-Supreme Court Justice John Paul Stevens), members of the bars of Nevada and other states, law professors from Boyd and other schools and other figures prominent in law in the United States and abroad. The student editors of the Nevada Law Journal select articles for publication from among the hundreds of manuscripts submitted and edit the articles. The students also research and write notes of their own on significant legal issues. The citations by the Seventh Circuit to pieces published in the Nevada Law Journal are the most recent of a long skein. Numerous judicial decisions and law periodicals have looked to articles and notes written in the Nevada Law Journal. In addition to the Seventh Circuit, Nevada Law Journal articles and notes have been cited by the Eleventh Circuit (in arbitration cases) and by the Tenth Circuit (in three cases involving qualified immunity, rules of pleading and equitable tracing under UCC Article 9). They have also been cited in decisions by federal district courts in Michigan (in two cases involving federal removal jurisdiction and the American with Disabilities Act), Massachusetts (arbitration), New Hampshire (insurance), California (removal), Pennsylvania (Title VII gender discrimination) and Virginia (ERISA). A Nevada Law Journal article also was cited by the Court of Federal Claims (tax penalties). Work published in the Nevada Law Journal has also influenced many state courts. The Nevada Supreme Court cited such work (in a case involving alleged racial discrimination in
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employment) as have the courts of Indiana (adverse possession), Delaware (arbitration), Wisconsin (in three cases, involving the exclusionary rule, law of the case rule and age discrimination), Utah (Article 9), Texas (arbitration) and Illinois (in two cases, involving separability in arbitration and electronic eavesdropping). Legal commentary has also benefited from articles selected and edited by student editors of the Nevada Law Journal and from notes researched and written by them. These articles and notes have been cited nearly 1,400 times in American and foreign law reviews and bar journals, including the reviews published by virtually every highly ranked American law school. The topics of these Nevada Law Journal works have covered virtually the whole spectrum of contemporary legal controversies, including deregulation, children with disabilities, ecosystem management, federalism, foreclosure mediation, original intent, class actions, the “hard look” doctrine, jurisdiction in Indian country, bankruptcy reorganizations, evidentiary privileges, immigrants and spousal elective shares. In barely a decade, the Nevada Law Journal has established itself as a resource for judges, scholars and practitioners. It has influenced and will continue to influence the development of the law on countless fronts. The Boyd School of Law thanks the current and former editors of the Journal for the credit they have brought the school and the state and for the role they have played in shaping the law.
The State Bar of Nevada Board of Governors and the Access to Justice Commission extend a special thanks to the following attorneys who generously accepted cases in January 2011 through the Legal Aid Center of Southern Nevada, Washoe Legal Services, Nevada Legal Services and Volunteer Attorneys for Rural Nevadans.
Adam Breeden Alan Freer Allison Herr Allyson Noto Andrew Moore Ann Morgan Barbara Gruenewald Barbara McDonald Bart Schouweiler Ben Johnson Bradley Anderson Christopher Kircher Dan Bonneville David Krieger David Mincin Dawn Lozano Edward Chang Eric Aldrian Ethan Featherstone G. Asa Ginapp Gary Fuller Jacqueline Gilbert James Davis James Pace Jarien Cho Jason Stoddard Joel Henriod John Eccles John Sande, IV John Smith Kelly Swanson Ken Jordan Kim Boyer Laura Deeter Lawrence Winking Linda Bowman Lynn Shoen Maren Parry Margo Chernysheva Marjorie Guymon Mary Madrid Huck Mehi Aholelie-Aonga Meng Zhong Michael Gregg Michael Stoberski Muriel Skelly Nedda Ghandi Paul Schofield Paul Terry Robert Kim Sandra Wilson Sara Banda Sarah Carrasco Shay Wells Shelley Krohn Stacie Michael Stanley Brown, Jr. Stanley Parry Stephanie Lee Thomas Collins Todd Torvinen Victoria Mendoza William Curran Zachariah Larson
ASK-A-lAWYEr, ClInICS, AnD oThEr BrIEF SErVICES
Adriana Rincon Alison Joffee April Green Barbara Torvinen Brenoch Wirthlin Bruce Lindsay Christopher Carr David Rankin Dixie Grossman Don Pope Emilia Cargill Frances-Ann Fine Gabrielle Jones Giovanni Andrade Harry Ward Henry Sotelo James Berchtold Jared Frost Joseph Riccio Kait Mclendon-Kent Kimberly Abbott Krissta Kirschenheiter Kristen Whiteside Madelyn Shipman Mandy McKellar Mario Fenu Muriel Skelly Nedda Ghandi Philip Gerson Randall Forman Rick Cornell Robert Blau Robert Fleming Robert Howey Shay Wells Susan Noyce Susan Trautmann Tamara Jankovic Timothy Hunter William Kapalka
STEVE JohNSoN is E.L. Wiegand Professor of Law at William S. Boyd School of Law, UNLV.
1. Feinberg v. RM Acquisition, LLC, 629 F.3d 671, 672 (7th Cir. 2011) (citing Sally Lerner Galati, Note, “The ERISA HokeyPokey: You Put Your Top Hat In, You Put Your Top Hat Out,” 5 Nev. L.J. 587 (2005)). 2. R.C. Wegman Constr. v. Admiral Ins. Co., 629 F.3d 724, 727 (7th Cir. 2011) (citing James M. Fisher, “Insurer or Policyholder Control of the Defense and the Duty to Fund Settlements,” 2 Nev. L.J. 1 (2002)).
BoLd honors multiple cases accepted and/or sessions conducted within the month. April 2011 Nevada Lawyer 43
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