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Tuesday, November 24, 2015

Professor Michael Kagan Pens Latest On-Line Symposium Installment of Texas v. United States

Michael Kagan is co-director of the Immigration Clinic and an associate professor at the William S. Boyd School of Law. 

On Nov. 22, Professor Kagan posted an essay on the ImmigrationProf blog arguing that the Court of Appeals for the Fifth Circuit was wrong to require an arduous administrative process known as "notice and comment" for President Obama's deferred action programs for immigrants (DACA and DAPA). He also suggested that the Department of Justice (DOJ) may also have erred by not pointing out strongly that the court was making a mistake in the way it interpreted the Administrative Procedure Act: 

"The main impact of requiring notice and comment would be to empower unelected and unaccountable frontline DHS employees who happen to disagree with the elected President about how the immigration enforcement discretion should be used,” Professor Kagan said. “That would not be a good thing for American democracy.” 

The essay also read: “I would also like to suggest that the Department of Justice has made a questionable strategic choice by trying to convince the Fifth Circuit that DAPA and DACA are not really binding on frontline DHS officials. DOJ has in essence argued a question of fact when the lower courts have primarily erred on a question of law. The Fifth Circuit has erred in the way it has defined ‘binding’ rules, and in so doing it has made it more difficult for the President to perform as Chief Executive when frontline public employees disagree with the President’s policy choices. While conservative legal thinkers (and judges) may generally oppose President Obama's immigration policies, they should be concerned about an approach to administrative law that makes it difficult for a President to direct federal agencies that are staffed by people with contrary policy preferences."

Professor Kagan spent a decade developing legal aid programs for refugees in the Middle East, and has written several of the most widely cited articles in the fields of refugee and asylum law.

Monday, November 23, 2015

Nov. 20 Boyd Briefs Now Available

The Nov. 20 issue of Boyd Briefs is now available.

This week's edition features Professor Michael Kagan, student Gil Lopez, and alumna Venicia Considine '08.

Professor Kagan is co-director of Boyd's Immigration Clinic and widely known for his research and published work in refugee and asylum law.

Lopez works full time during the day at Nevada State College as a GEAR UP ambassador and attends law school at night. He has been involved in the Latin Chamber of Commerce's Latino Youth Leadership Conference for the last 10 years.

Considine is a staff attorney in the consumer rights project at the Legal Aid Center of Southern Nevada. She represents clients against predatory or usurious practices by banks, mortgage companies, and payday and title loan lenders.

To subscribe to Boyd Briefs, visit law.unlv.edu/BoydBriefs.

Tuesday, November 17, 2015

UNLV Boyd School of Law, or “Casebook & Textbook Central”

The intellectual reach of the Boyd faculty extends far beyond the borders of the State of Nevada. The faculty’s activities in advocacy and scholarship and its active participation in national and international organizations promote Boyd’s name nationally and internationally. The faculty’s authorship of casebooks and textbooks highlights its expertise in specific areas of law and exports the faculty’s reputation to law schools where professors teach and students learn from these casebooks and textbooks.

In October 2015 the Boyd faculty celebrated a new addition to the collection of casebooks and textbooks authored by Boyd professors: the first edition of Professor Mary LaFrance’s latest casebook LaFrance et al., Entertainment Law on a Global Stage, West, 2015. The publication of this new casebook is another opportunity to celebrate the expertise of the Boyd faculty in its publications.

Forty percent of the Boyd faculty have authored or co-authored casebooks and textbooks on a wide variety of legal subjects. Students encounter some of the casebooks in their first-year law subjects, such as property (Hamilton et al., Property: Cases and Materials, Foundation Press, 10th ed., forthcoming) and civil procedure (Stempel et al., Learning Civil Procedure, West, 2d ed., 2015).

Many Boyd faculty-authored casebooks and textbooks are or will be used in upper-level courses that are popular with large numbers of students – books such as Main et al., Remedies, Foundation Press, 6th ed., forthcoming; Rapoport et al., Ethical Lawyering in Real Life: Materials and Problems, Aspen, forthcoming; and Shoben et al., Remedies: Cases and Problems, Foundation Press, 6th ed., forthcoming.

Some casebooks and textbooks are designed for highly specialized courses, for example Birdsong et al., Natural Resources Law: A Place-Based Book of Problems and Cases, Aspen, 2d ed., 2009; Rothstein & McGinley, Disability Law: Cases, Materials, Problems, LexisNexis, 5th ed., 2010; Stempel et al., Principles of Insurance Law, LexisNexis, 4th ed., 2012; and White et al., Complex Litigation: Cases and Materials on Litigating Social Change, Carolina Academic Press, 2008. The strength of the faculty’s health law specialization is highlighted by casebooks and textbooks in this dynamic area of law, such as Griffin & Krause, Practicing Bioethics Law, Foundation Press, forthcoming; and Tovino, HIPAA Privacy Law: Theory, Policy, and Practice, forthcoming.

A number of casebooks and textbooks are designed for courses that focus on enhancing students’ lawyering skills; these books are authored by the faculty of the nationally recognized lawyering process and alternative dispute resolution programs at Boyd, for example Edwards, Legal Writing and Analysis, Aspen, 4th ed., forthcoming; Pollman et al., Examples and Explanations: Legal Writing, Aspen, 2011; and Sternlight et al., Dispute Resolution: Beyond the Adversarial Model, Aspen, 2d ed., 2010.

The global perspective of the Boyd faculty is evident in the comparative perspective and the coverage of international developments in faculty-authored casebooks and textbooks such as Blakesley et al., Global Issues in Criminal Procedure, West, 2011; LaFrance et al., Entertainment Law on a Global Stage, West, 2015; Rowley et al., Global Issues In Contract Law, West, 2007; and Goldstein & Trimble, International Intellectual Property Law, Cases and Materials, Foundation Press, 4th ed., 2016.

The more than 50 casebooks and textbooks authored by the Boyd faculty are used not only by professors at Boyd, but also by professors at other law schools throughout the United States; Boyd students study from some of the same materials as do students at law schools such as Stanford, Berkeley, UCLA, and the University of Michigan.

Monday, November 16, 2015

Professor Rachel Anderson Named a Leader in Diversity

Rachel J. Anderson is a professor of law at the William S. Boyd School of Law.

The National Jurist magazine named Professor Anderson to its list of 20 law professors recognized for making a significant contribution to diversity in legal education. The results were presented in the article, “Why Diversity Matters,” and appear in the magazine’s Fall 2015, Back to School issue.

Nearly 100 nominations for outstanding minority law professors were received by the magazine, of which 20 were selected for going beyond the norm of furthering diversity efforts.

The article read: “Rachel Anderson has had her hand in a number of programs that offer an opportunity for law students to put critical perspectives on race and law into practice at the law school and in the community. One, the Youth & Justice Workshop, is an annual community event in which youth engage in conversation about their rights and responsibilities. …In the Youth Voting Rights Project, which Anderson co-created, high school teachers and law students engage in education on advanced citizenship.”

Professor Anderson's research and teaching interests focus on business law, civil and human rights, empirical legal studies, and international law.

Friday, November 13, 2015

Nov. 12 Boyd Briefs Now Available

The Nov. 12 issue of Boyd Briefs is now available.

This week's edition features Professor Terrill Pollman, student Rebecca Wolfson, and alumnus Jason VanMeetren '11.

Professor Pollman was on the founding faculty at the Boyd School of Law. She is nationally recognized for designing and developing Boyd's Lawyering Process Program, consistently ranked top five in the nation.

Wolfson, whose parents are both attorneys, spent a summer during college in London working for a member of Parliament. She has accepted a judicial clerkship starting in August with the Honorable Valerie Adair.

VanMeetren practices real estate law at one of Beverly Hills' most trusted firms, Eisner Jaffe. His practice group focuses primarily on real estate finance and acquisitions/dispositions of multi-family and commercial properties -- from negotiation through final closing. 

To subscribe to Boyd Briefs, visit law.unlv.edu/BoydBriefs.

Thursday, November 12, 2015

Professor Marketa Trimble Contributes to Recently Published Book

Marketa Trimble is the Samuel Lionel Intellectual Property Professor of Law at the William S. Boyd School of Law.

In the recently published book, Patent Enforcement Worldwide, Professor Trimble contributed a chapter titled "The Extraterritorial Enforcement of Patent Rights."

The book is edited by Christopher Heath, a member of the Boards of Appeal of the European Patent Office. The publication features reports on the patent enforcement practice in the 15 most litigated countries in Europe, Asia, and the Americas.

In her research, Professor Trimble focuses on intellectual property and issues at the intersection of intellectual property and private international law/conflict of laws.