Dec. 11 Boyd Briefs Now Available

The Dec. 11 issue of Boyd Briefs is now available.

This week's edition features Professor Fatma Marouf, student Patrick Phippen, and alumna Hillary Walsh '12.

Professor Marouf teaches immigration and human rights law and co-directs the Immigration Clinic. Her research and advocacy has meant concrete progress toward solving a range of problems associated with the adjudication of immigration cases.

Phippen, now in his final semester at the Boyd School of Law, has been taking full advantage of his experience as a visiting student at George Washington Law in Washington, D.C.

Walsh is a human rights attorney specializing in immigration appeals before the Ninth Circuit Court of Appeals and the Board of Immigration Appeals.

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

Professor Michael Kagan Writes Article for ImmigrationProf Blog

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

Professor Kagan recently published an article titled "What if Donald Trump Had Plenary Power?" on the ImmigrationProf Blog.

On Dec. 7, Republican Presidential candidate Donald Trump called for a halt to all Muslim immigration to the United States. Professor Kagan warned, "What Trump is proposing may already be authorized by statute, so that a newly inaugurated President could implement this proposal without new authorization from Congress. Even worse, it would not clearly be unconstitutional under existing case law."

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.

Dec. 3 Boyd Briefs Now Available

The Dec. 3 issue of Boyd Briefs is now available.

This week's edition features Professor Elizabeth MacDowell, student Kezziah Dale, and alumni Adam '06 and Homa '07 Woodrum.

Professor MacDowell is director of Boyd's Family Justice Clinic. The clinic provides a range of family law representation services to low-income clients.

A graduate of the Air Force Academy, Dale's experiences in the military have helped shape her perspective when faced with the daunting challenge of law school.

Adam and Homa are lawyers with boutique firm Woodrum Law. Adam brings criminal expertise to the practice, while Homa specializes in civil matters, particularly elder law, probate, guardianship, litigation, and immigration.

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

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.

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.

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.

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.

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.

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.

Food Law Presentation at Boyd

Photo © 2015 Gary A. Trimble

Food is an important part of life in Las Vegas: many of the more than 40 million tourists who visit Las Vegas each year come in part to enjoy the fine restaurants in the city, and for many of the 2.1 million inhabitants of the Las Vegas metropolitan area good food is a part of their daily lives. It is therefore no surprise that issues such as quality, provenance, and safety of food are of paramount importance, including the legal aspects of these issues.

On November 2, 2015, Boyd faculty and students enjoyed a presentation from Professor Barry Levenson, an expert in food law. Professor Levenson is the founder and curator of the National Mustard Museum in Middleton, Wisconsin, and teaches food law at the University of Wisconsin Law School. He has authored three books, including Habeas Codfish: Reflections on Food and the Law, published in 2001 by The University of Wisconsin Press. Professor Levenson’s distinguished legal career has included the position of Assistant Attorney General and head of the Criminal Appeals Division of the State of Wisconsin’s Department of Justice. He takes pride in being the only lawyer ever to argue a case before the U.S. Supreme Court with a jar of mustard in his pocket (Griffin v. Wisconsin, 483 U.S. 868 (1987)).

Photo © 2015 Gary A. Trimble

Professor Levenson detailed the development of health law in the United States over the past 100 years and discussed FDA regulations and labelling issues. He pointed out the latest trends in food law, including litigation concerning the intersection of the Lanham Act and FDA regulations. In addition to Boyd faculty and students, faculty and students from the UNLV William F. Harrah College of Hotel Administration also attended the presentation, and local food critic John Curtas enriched the discussion with his observations.

Food law expertise is also represented on the Boyd faculty: Professor Bret Birdsong (on leave 2013-2015) has taught food law at Boyd and has published on the topic; Professor Mary LaFrance has written about food labelling issues; and Professor Marketa Trimble teaches about geographical indications and appellations of origin in her International Intellectual Property class.

Computer Scientists Discuss Their Views of Copyright at Boyd

Photo © 2015 Gary A. Trimble

To the surprise of some copyright law students, copyright law protects computer programs and regularly affects the work of computer programmers. Computer programs enjoy protection as literary works, with protection extending to both source code and object code; copyright also protects the non-literal elements of computer programs under certain circumstances, such as an original structure of a computer program. Additionally, copyright protects original works of authorship that result from the execution of computer programs, which may be pictorial works, musical works, sound recordings, or audiovisual works.

Photo © 2015 Gary A. Trimble

To enhance her copyright students’ understanding of the impact that copyright law has not only on the software industry, but also on other industries that utilize computer programs, this semester Professor Marketa Trimble invited to her Copyright class two colleagues from the Department of Computer Science of the UNLV Howard R. Hughes College of Engineering. Dr. Andreas Stefik and Mr. Guymon Hall explained to the students some of the basic concepts of computer programming and discussed in detail the functioning of an API (application programming interface), an interface that plays a role in the ongoing high-profile dispute between Oracle and Google regarding Google’s Android operating system. Dr. Stefik also shared his experiences with the development and licensing of his Quorum programming language and discussed a number of existing licenses, such as the GNU General Public License v3, the MIT License, and the Apache License, that computer programmers consider when deciding the best ways to license their programs.

Photo © 2015 Gary A. Trimble

Dr. Stefik is a professor of computer science in the College of Engineering; his Ph.D. in computer science is from Washington State University. In 2011 Dr. Stefik received the JavaOne Duke’s Choice Award for his work on the NSF-funded Sodbeans programming environment for the visually impaired. Mr. Guymon Hall is an instructor of computer science in the College of Engineering where he is finishing his Ph.D. He teaches a variety of computer science courses, including Introduction to Computers, Computer Science I and II, Computing Languages, and Managing Big Data & Web Databases.

The cooperation leading to this session of Professor Trimble’s Copyright course makes available to Boyd students the richness of talent that is present throughout UNLV – talent on which Boyd draws and to which the Boyd faculty actively contributes.

Mindful Lawyering Important to Success

Attorney Ed Bernstein (left) and Boyd School of Law Dean
Dan Hamilton address attendees at a “Mindful Lawyering”
program sponsored by Bernstein at the law school Oct. 23.

Mindfulness is the key to building a successful law practice, according to attorney Ed Bernstein. It’s a belief he stands by and wisdom he was happy to share with law students and graduates at a recent workshop.

On Oct. 23, Ed Bernstein & Associates sponsored “Mindful Lawyering” at the William S. Boyd School of Law. The innovative, interactive program, lead by Executive Coach Keith Miller, taught participants how to establish connections with clients, colleagues, and even opposing counsel through empathy and positive communication.

Executive Coach Keith Miller instructs law
students on the art of “Mindful Lawyering.”

These tactics are what Bernstein attributes much of his success to, according to a press release. The release also said, “Ed knows that being in a great relationship with clients and staff and having an empowering ‘work culture’ leads to excellent client service, a natural referral source and financial success.”

One of the most recognizable lawyers in Nevada, Bernstein has more than 40 years of experience helping personal injury victims.

Keith Miller has worked with high-level professionals, including CEOs, managers and human resources directors, and has facilitated numerous individual, team and leadership training groups.

Nov. 5 Boyd Briefs Now Available

The Nov. 5 issue of Boyd Briefs is now available.

This week's edition features Professor Max Gakh, student Keivan Roebuck, and alumna Susan M. Pitz '02.

Professor Gakh wears many hats: he is an assistant professor in the School of Community Health Sciences, an adjunct professor at the Boyd School of Law, and the associate director of the UNLV Health Law Program.

Roebuck is a dual J.D./MBA student who is hoping to put his degrees to use by assisting businesses through transactional, litigation, and administrative work.

Pitz recently accepted the position of general counsel at University Medical Center of Southern Nevada. She also stays involved at the Boyd School of Law as a guest lecturer and a member of the Health Law Program Advisory Board.

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

Professor Stacey Tovino Talks Health Care and Research Ethics in St. Louis

Stacey Tovino is the Lehman Professor of Law at the William S. Boyd School of Law and Director of the UNLV Health Law Program.

Professor Tovino traveled to St. Louis to give two presentations on Oct. 30. She started her morning at the Bander Center for Medical Business Ethics at St. Louis University, where she spoke on the topic of “Giving Thanks: The Law and Ethics of Grateful Patient Fundraising.” In her lecture, Professor Tovino explored the proper balance between encouraging health care philanthropy and preserving the integrity of the physician-patient relationship and patient rights. Later that afternoon, Professor Tovino gave a talk at Washington University School of Medicine Center for Clinical Research Ethics.

Professor Tovino is a leading expert in health law, bioethics, and the medical humanities.

Oct. 29 Boyd Briefs Now Available

The Oct. 29 issue of Boyd Briefs is now available.

This week's edition features Professor Thomas McAffee, student Lynell Reyes, and alumna Stephanie Buntin '11.

Professor McAffee is an expert on the Constitution and an advocate for its thoughtful interpretation. One of the founding faculty members at Boyd, he has been teaching in law schools for more than 30 years.

Reyes is the Latin Bar Association liaison for La Voz, Boyd's Latino student association. She recently completed a Corporate Summer Internship Program at Switch, where she worked on a variety of topics from property to contracts to regulatory compliance.  

Buntin is an intellectual property attorney in the Las Vegas office of Michigan-based firm Howard & Howard Attorneys PLLC. Her practice focuses on trademark prosecution and patent prosecution for businesses.

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

Artists Speak to UNLV Law Copyright Class

Photo © 2015 Gary A. Trimble

Guest speakers enrich the intellectual environment at the Boyd School of Law, contributing their expertise, practical observations, and varied perspectives. This semester Professor Marketa Trimble invited two performing artists to her Copyright course to share their experiences with and opinions of copyright law: Professor and Director of Opera Theater, Voice at UNLV Dr. Linda Lister, and Las Vegas Headliner of the Year twice running, Mr. Frankie Moreno.

Dr. Linda Lister is Associate Professor of Music at UNLV and Director of Opera Theater, Voice at UNLV. In addition to her educational roles, she has many solo soprano credits, including performances with the Washington Symphony Orchestra, the Buffalo Philharmonic and the Las Vegas Philharmonic, and numerous opera roles, including one of her favorites, Musetta in “La Bohème.” She is also a composer of vocal works and operas, including a chamber opera about the Brontë sisters entitled “How Clear She Shines!”, and the author of numerous articles and the 2011 book “Yoga for Singers: Freeing Your Voice and Spirit Through Yoga.” In 2014 she was awarded the American Prize in Directing, and in 2015 she directed the UNLV Opera to two First Place Awards in the 2015 National Opera Association Collegiate Opera Scenes Competition in both the musical theatre and graduate opera divisions.

Photo © 2015 Gary A. Trimble

Mr. Frankie Moreno is an Emmy-nominated international recording artist, singer, songwriter and composer, and one of the most popular performing artists in Las Vegas today. From his childhood days on “Star Search,” to headlining at the Stratosphere, to his performance in 2012 on “Dancing with the Stars,” he has performed to sold-out shows across the United States, including Carnegie Hall, The Kennedy Center, and The Hollywood Bowl. His touring has taken him around the world, and this year, after thrilling Las Vegas audiences with his “Under the Influence” series of concerts at The Smith Center for the Performing Arts, he went on to Australia to thrill audiences Down Under. Mr. Moreno participates in many educational activities: with the students of the Gilbert Magnet School in Las Vegas he recorded an iconic version of the official state song of the State of Nevada “Home Means Nevada” for Nevada’s Sesquicentennial celebration in 2014.

Photo © 2015 Gary A. Trimble

Professor Lister and Mr. Moreno shared with students their many experiences with copyright law, including their very first encounters with copyright law, how technology has changed the challenges that artists and the copyright laws face, and how different copyright law issues arise in the various types of art that artists create. From composing their own music, to performing and recording music by others, to using works either in or out of copyright, artists face a multiplicity of copyright challenges. Professor Lister and Mr. Moreno also opined on how copyright law and its practice can enhance – or at least not impede – their work, and explained what they would like lawyers to know when lawyers work with or represent artists. Law students at Boyd are fortunate to study copyright law in a city that is the home of such talented artists who are so generous in sharing their experiences with students and the community.

Oct. 22 Boyd Briefs Now Available

The Oct. 22 issue of Boyd Briefs is now available.

This week's edition features Professor Jeanne Frazier Price, student Evan Wozniak, and alumnus Matt Christian '02. 

Professor Price is director of Boyd's Wiener-Rogers Law Library. She and her colleagues have made the law library a focus of the intellectual life of the law school, for faculty and for students.

Wozniak is a 2013 magna cum laude UNLV graduate with a Bachelor of Arts in English. He spent the year following his UNLV graduation as a technical writer for National Security Technologies, a contractor to the United States Department of Energy. After spending his 1L year in the Northwest, he transferred to Boyd. 

As a 1L, Christian began working as a law clerk at a small firm specializing in public construction law. He graduated magna cum laude and has focused his practice on complex construction claims ever since. While a shareholder at Kolesar & Leatham, one of his clients, Clark County, asked him to come work in-house. It was an opportunity he could not pass up, and he has been with the District Attorney's Civil Division since 2013. 

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

Professor Marketa Trimble Attends Patent and International Law Conference at UC Irvine School of Law

Marketa Trimble is a professor of law at the William S. Boyd School of Law.

On Oct. 16, Professor Trimble participated in a Patent Sovereignty and International Law conference hosted by the UC Irvine School of Law.

The conference examined the recent "Declaration on Patent Protection and Regulatory Sovereignty Under TRIPs" document and explored the balance between international patent harmonization and national sovereignty. As one of several distinguished faculty from law schools across the nation, Professor Trimble presented on the topic of “Patent Working Requirements.”

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

Oct. 15 Boyd Briefs Now Available

The Oct. 15 issue of Boyd Briefs is now available.

This week's edition features Professor Rebecca Nathanson, student Mackenzie Warren, and alumnus Christopher Hicks '01. 

Professor Nathanson directs both the Kids' Court School and the education advocacy clinic in the Thomas & Mack Legal Clinic. The most important thing she's working on now is the expansion of the Kids' Court School, a program she established at Boyd 12 years ago. More than 1,000 children have participated in the program that educates child witnesses about the judicial process.

Warren, the youngest main news anchor in Las Vegas local television history, traveled a unique road to this distinction. As a journalist and now in her second year at Boyd, Warren has embraced the opportunity to channel her passion for discovery, storytelling, and advocacy.  

As a fifth generation Nevadan, Hicks is proud to be a member of the inaugural graduating class of Nevada's first accredited law school. In 2014, he was elected Washoe County District Attorney and serves as the chief law enforcement officer for the county and the attorney for all of the county's departments and commissioners.

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

Oct. 9 Boyd Briefs Now Available

The Oct. 9 issue of Boyd Briefs is now available.

This week's edition features Professor Ian Bartrum, student Christopher Sauser, and alumna Sonya Miller '13.

Professor Bartrum is one of Boyd's experts on the Constitution. He's currently working on a book with the tentative title, The Contested Constitution. The book develops the concept that when people refer to the "Constitution" they are not usually talking about a document, but rather about a particular social practice.

Chris' appreciation and respect for study of the rule of law developed during his 25-year tenure with the United States Air Force as a military police officer. His service has taken him around the country and around the globe.

Miller is a lecturer and the director of the Federal Tax Clinic at the University of South Dakota School of Law. Following graduation at Boyd, Sonya earned an LL.M. in Taxation at Villanova University. She also clerked for the Honorable Mary S. Brennan, J.T.C., in the New Jersey Tax Court.

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

New Edition of Professor Marketa Trimble's Casebook to be Published in December

Marketa Trimble is a Professor of Law at the William S. Boyd School of Law.

The fourth edition of Goldstein and Trimble's International Intellectual Property Law, Cases and Materials, a casebook that Professor Trimble co-authored, will be published in December.

The book, co-authored by Professor Paul Goldstein of Stanford Law School, "organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the knowledge they need to engage in international intellectual property practice, in both transactional and litigation settings."  

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

Professor Mary LaFrance Publishes New Casebook

Mary LaFrance is the IGT Professor of Intellectual Property Law at the UNLV William S. Boyd School of Law.

Professor LaFrance recently published a casebook titled LaFrance, Scott, and Sobel's Entertainment Law on a Global Stage.

The book, co-authored by Geoffrey R. Scott and Lionel Sobel, "provides coverage of a variety of subjects not found in other entertainment law books, including analytical/transactional/experiential material on some of the unique problems that arise in representing an entertainer; entertainment industry contracts; taxation of entertainers; selling an idea; and the implications of the internet to entertainment and the identities of artists."

Professor LaFrance’s teaching and research interests include domestic and international intellectual property law, as well as the taxation of intellectual property.

Professor Michael Kagan Warns Municipal Lawyers about Constitutional Problems with Immigration Enforcement

Boyd Professor Michael Kagan warned lawyers for municipalities that immigration enforcement is riddled with constitutional problems, and that local governments risk liability if they detain people at the request of the Immigration and Customs Enforcement.

Speaking on Oct. 5 to the International Municipal Lawyers Association in Las Vegas, Professor Kagan explained that unlike routine law enforcement by local police, ICE does not normally obtain any neutral finding of probable cause before placing people in immigration detention.

At the municipal lawyers conference, Kate Desormeau, an attorney with the American Civil Liberties Union's Immigrant Rights Project, warned that recent federal court decisions had found local governments liable for civil rights violations when they kept people detained on the basis of "ICE detainers." ICE detainers are requests from ICE to local police to hold a person, but are not neutral findings of probable cause as is normally required to deprive someone of liberty under the Fourth Amendment prohibition against unreasonable searches and seizures.

Professor Kagan has recently analyzed what he calls "immigration law's looming Fourth Amendment problem" in a forthcoming article in the Georgetown Law Journal. He advised the municipal lawyers that the Department of Homeland Security could fix the problem by seeking review by neutral Immigration Judges before arresting or holding people on immigration grounds. But until DHS does so, he advised that municipalities would be wise not to risk their own liability by detaining people on behalf of ICE.

Professor Kagan co-directs the Immigration Clinic and the Boyd School of Law.

“Magistrate Judges and the Transformation of the Federal Judiciary” – A Conference at the Boyd School of Law

On Sept. 25 and 26, 2015, the William S. Boyd School of Law, in cooperation with the Duke University School of Law and the Saltman Center for Conflict Resolution, hosted a conference at Boyd entitled “Magistrate Judges and the Transformation of the Federal Judiciary.” The conference organizers, Professor Thom Main of the Boyd School of Law, and Professor Mitu Gulati of Duke Law School, assembled a distinguished group of speakers who discussed the important members of the federal judiciary who are often neglected by researchers – magistrate judges. Although magistrate judges are responsible for a significant portion of the federal district court workload – as the statistics presented at the conference demonstrated – researchers have typically bypassed magistrate judges and their essential role in the functioning of the federal judicial system.

The conference combined the contributions of both academics and judges, with the academics presenting their research and the judges providing commentary. The conference began with the roles reversed, however, as Judge Philip Pro, Judge of the U.S. District Court for the District of Nevada, presented his research on magistrate judges that he conducted as a graduate student in the inaugural class of Duke Law School’s master’s program in judicial studies. His research inspired the organization of the conference, and so the conference opened, appropriately, with his presentation. His research project and the other research projects presented at the conference explored the roles of magistrate judges from various perspectives and through different methods, including empirical qualitative and quantitative methods. Discussion of the papers benefitted from an audience that was as experienced and expert as the panelists; local and out-of-state judges, law professors, and practitioners added perspective and depth. The debate often revolved around issues concerning the accessibility of data, with academics, judges, and representatives of the Judiciary’s Administrative Office discussing the desirability, availability, and feasibility of data collection regarding various indicators of common interest.

The conference presenters and attendees included nationally renowned judges, academics, and legal practitioners from across the United States who are interested in the work of magistrate judges. Among the participants were Judge Johnnie B. Rawlinson of the U.S. Court of Appeals for the Ninth Circuit, federal district court judges, current and former magistrate judges, judges who at some point were unsuccessful candidates for magistrate judgeships, state court judges, public defenders, and representatives of the Administrative Office of the U.S. Courts. The panels were moderated by Boyd Dean Daniel W. Hamilton and Boyd professors Ann C. McGinley, Jean Sternlight, and Jeffrey W. Stempel. The contributions presented at the conference will be published in a forthcoming special symposium issue of the Nevada Law Journal.

Oct. 1 Boyd Briefs Now Available

The Oct. 1 issue of Boyd Briefs is now available.

This week's edition features Professor Stacey Tovino, student Bridget Kelly, and alumnus Mike Lee '06.

Professor Tovino is a Lehman Professor of Law and Director of UNLV's Health Law Program. Currently she is writing a series of articles, forthcoming in the Boston College Law Review and Minnesota Law Review, designed to improve health care in the context of immigration detention.

Kelly always wanted to be a lawyer, but an interest in linguistics and speech-language pathology led her college studies down a different, exciting path. Now enrolled in Boyd's part-time evening program, Kelly is realizing her earlier dream of becoming an attorney and continuing her passion for responsible patient care by focusing on business and health care law.

Lee has published opinions from the Ninth Circuit and the Nevada Supreme Court, and has been recognized with numerous accolades. Practicing in the field of civil litigation, he opened Michael B. Lee, PC in 2011.

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

Professor Marketa Trimble Contributes to Recently Published Book

Marketa Trimble is a Professor of Law at the William S. Boyd School of Law.

In the recently published book, Employees' Intellectual Property Rights, Professor Trimble contributed a section about the Recognition and Enforcement of Foreign Judgments. She also co-authored a chapter about employees' rights in the United States.

The book, published by Wolters Kluwer, was developed within the framework of the International Association for the Protection of Intellectual Property, an organization focused on promoting the protection of intellectual property. According to the Wolters Kluwer website, "This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth as manifested in 33 jurisdictions worldwide."

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

Sept. 24 Boyd Briefs Now Available

The Sept. 24 issue of Boyd Briefs is now available.

This week's edition features Professor Eric Franklin, student Steven (JT) Washington, and alumna Melissa Waite '07.

Professor Franklin developed and directs the Boyd School of Law's clinic for nonprofits, small business, and community-based groups. His background in complex and varied business transactions is matched by his enthusiasm for encouraging pro bono work in the transactional lawyer's world.

In pursuit of his ultimate objective, Washington studied political science at UNLV, earning his B.A. magna cum laude in 2012. At Boyd, he has served as Student Bar Association treasurer and is an active member of the Black Law Students Association and the Public Interest Law Association.

Waite recently became a shareholder at one of the oldest law firms in Las Vegas, Jolley Urga Woodbury & Little. Her practice focuses primarily on business and real estate transactions. A significant part of her practice also is devoted to business and privilege licensing, including liquor, gaming, and medical marijuana establishment licensing.

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

Professor Marketa Trimble Writes Guest Blog on Topic of Hosting and the "TiSA" Agreement

Marketa Trimble is a Professor of Law at the William S. Boyd School of Law.

On Sept. 22, Professor Trimble was a guest blogger on the Technology & Marketing Law Blog and penned an article titled “Local Hosting and the Draft ‘Trade in Services Agreement.’”

Professor Trimble’s article discussed a leaked draft of the Trade in Services Agreement (TiSA) that is being negotiated by a number of countries. The agreement is aimed at promoting fair and open trade across a spectrum of service sectors, including telecommunications and technology.

While the draft has already attracted intense criticism, she cautions in her article, “It is difficult to make any conclusions about the content of an international treaty when the conclusions are based on particular language in a treaty proposal in the early stages of treaty negotiations; language tends to evolve throughout any treaty negotiations. It is even more difficult to draw conclusions based on an unofficial and dated leaked draft. We may assume, however, that the leaked TiSA draft does reveal some core themes that the negotiating parties are considering.”

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

Boyd’s Academic Success Program – Setting the Bar on Offering Students Tools for Success

Law school can be daunting. There are countless hours of lectures, studying, writing and preparing: all for the ultimate of tests – the bar exam. It’s the single most important test for aspiring lawyers, where passing is the only way to become a licensed attorney.

So, challenging? Yes. But the rewards can be immeasurable, and students have support each step of the way.

Developing relationships with students is one of the
many benefits of her job, according to Academic Success
Program Director Jennifer Carr, pictured above left.

One of the tools UNLV William S. Boyd School of Law students have at their disposal is the Academic Success Program (ASP). The ASP is a comprehensive lineup of presentations, activities, tutorials, workshops, counseling and more to help students succeed not only on the bar exam, but in law school. The goal of the program is to assist students in removing the barriers to success – whatever they may be.

“Some academic success programs limit themselves to students who are struggling,” said Jennifer Carr, director of the Boyd School of Law’s ASP. “Here, we have an open door policy – whatever a student’s definition of success is, we want to help them achieve that success.”

As director, Professor Carr provides individual counseling on academic matters, bar exam preparation, and group presentations on necessary legal analysis skills. She also works with students to help them manage the rigors of law school, bringing balance to their legal education.

Whatever the level of help required, the ASP offers varying degrees of participation and tailors programs based on individual needs. It’s not always one size fits all. First-year students can get help managing their classes or learn tips on time management and developing new study habits; upper-level students can receive guidance on perfecting their skills and preparing for the bar exam or even a job interview; and everyone can take advantage of the Center for Academic Success and Enrichment (CASE). CASE is a component of the ASP and offers peer-to-peer mentoring, advising or tutoring, and includes a resource area with sample examinations and materials on substantive subjects as well as on study skills, and learning theories.

Bar Prep 

The Nevada Bar Exam, offered in February and July each year, is one of the toughest in the country – a two-and-a-half-day exam compared to two days for most.

It consists of a multiple-choice format Multistate Bar Exam (MBE) and a written component. The MBE, which is a standardized test conducted on the same day throughout the country, tests a student’s knowledge of seven different areas of law (civil procedure, criminal law and procedure, evidence, torts, contracts, constitutional law and property). Essays are more all-encompassing and incorporate 17 different areas of law, from general principles to state-specific laws. The written component also includes two MPTs – Multistate Performance Tests – which require applicants to perform a hypothetical task of the sort expected of beginning attorneys.

Sound overwhelming? It can be, if a student doesn’t know how to prepare for it. This is where the ASP can help, according to Professor Carr, who encourages students to attend early bar prep sessions and recommends taking advantage of individual counseling with either herself or the ASP assistant director. Individual counseling allows for one-on-one mentoring and personal feedback.

“Our goal is to provide more than substantive knowledge,” Professor Carr said. “It’s not just about knowing the material, you have to be able to convey your response appropriately, and the early bar prep sessions we offer can help with that. It’s eight weeks of intensive study, but it’s worth it. Students will learn how to write essays and MPTs that score well and learn how to select the best answer on the MBE – several answers may be correct – it’s about choosing the best answer. It’s a test of your judgment. Perhaps the most valuable skill students learn is mental preparedness.”

Collaboration 

Helping students succeed is a partnership; one that Professor Carr says is an investment Boyd faculty and staff make to ensure students have access to a well-rounded, meaningful curriculum.

“Some professors will come to me at the start of the year when they’re planning their classes and ask how certain material shows up on the bar [exam] and I’ll tell them,” she said. “This helps them better prepare their courses for students.”

Also working collaboratively with Professor Carr is Frank Durand, associate dean for student affairs, who started Whaddup Wednesdays as a way for students to hear from guest speakers and learn about relevant legal topics, such as applying for the bar exam.

“The Academic Success Program offers group and individualized assistance with Nevada Bar Examination preparation,” explains Dean Durand. “The sessions I have offered through Whaddup Wednesday focus on the task of completing the Nevada Bar application. Our efforts complement one another, hopefully to the benefit of our prospective graduates who must first complete the Nevada Bar application and then pass the Nevada Bar Examination, two formidable tasks.

“Completing the bar application is a large, time-consuming task. Students seeking bar admission invariably have confusion and/or concerns as to how to respond to the many questions the bar application poses,” Dean Durand continues. “… For the last several years, and hopefully for many years to come, representatives from the State Bar of Nevada admissions department come to the law school in the fall and spring semesters to discuss the Nevada Bar application with our graduates-to-be.”

The Academic Success Program (ASP) can play an important role
in a student's journey toward academic success ... and graduation.
Professor Mary Berkheiser (Joyce Mack Professor of Law and
Director of the Juvenile Justice Clinic, left) and Professor Jennifer Carr
(Director of ASP, right) help to hood Boyd graduate Tanya Fraser at
UNLV's spring 2015 commencement ceremony held May 16.

Defining Success 

The ASP is an invaluable resource designed to enhance learning and help students reach their potential and succeed. Best of all, it’s available to students at no cost. How can students not take advantage of it, asks Dean Durand.

“Historical statistics demonstrate that Boyd students who avail themselves of ASP bar exam workshops and individualized assistance pass the bar at a higher rate than Boyd students who do not,” he said. “Why not take advantage of such effective resources?”

However a student defines success, the ASP is there to help them achieve it.

“I believe strongly in what we do. I invite students to meet regularly with me or the assistant director and take advantage of all of the opportunities available,” Professor Carr said. “From time to time, I’ll receive notes with messages like ‘thanks for your help,’ or ‘I couldn’t do it without you.’ The truth is they’re doing the hard work, but getting to be a small part of their success is nice.

“I love my job. For many people this is their dream. They go to school for this, and I get to develop relationships with them. Because this is one-on-one, I have the opportunity to see that light bulb go off for them. That’s exciting, that’s why I teach … to see that moment come alive.”

Boyd students can take advantage of the ASP by contacting:
Kelly Boan, Administrative Assistant
702-895-0490
kelly.boan@unlv.edu

Sept. 17 Boyd Briefs Now Available

The Sept. 17 issue of Boyd Briefs is now available.

This week's edition features Professor Leslie Griffin, student Janine Lee, and alumnus Matt Knepper '12.

Professor Griffin is Boyd's nationally known and widely respected expert on law and religion. In her books, law review articles, and briefs, she strives to give readers a different perspective on the Constitution's protection of religious freedom.

Lee, now in her final year in Boyd's part-time evening program, has kept busy the past three years studying and working full-time as a senior paralegal at the Las Vegas law firm Schwartz Flansburg PLLC.

Knepper is a member of Akerman LLP's Consumer Finance Litigation Practice Group, where he primarily defends federal causes of action brought under the Bankruptcy Code, the Fair Credit Reporting Act, Truth in Lending Act, and Fair Debt Collection Practices Act.

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

Professor Marketa Trimble's Articles to be Published in Edited Volume of Intellectual Property and Private International Law

Marketa Trimble is a Professor of Law at the William S. Boyd School of Law.

Three articles that Professor Trimble authored will appear in an edited volume of Intellectual Property and Private International Law, to be published in October.

Professor Trimble's articles include: "Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad," "Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement," and "Extraterritorial Intellectual Property Enforcement in the European Union."

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

Sept. 10 Boyd Briefs Now Available

The Sept. 10 issue of Boyd Briefs is now available.

This week's edition features Professor Linda Berger, student Wynn Tashman, and alumna Alissa Neufeld '09.

Professor Berger, Associate Dean for Faculty Development & Research, is one of three co-editors working on a collection of re-imagined Supreme Court opinions that will be published by Cambridge University Press in 2016.

Tashman's zeal for children's rights advocacy has taken many tangible forms here at Boyd, including having served as a Graduate Research Assistant for the Kids' Court School, and president of the Child Advocacy Law Association. Outside of school, he is actively involved in advocacy for LGBT youth.

Neufeld is Associate General Counsel for 1-800 Contacts, Inc., the largest U.S. retailer of contact lenses. In her role, she works on a wide range of legal issues, including corporate governance, mergers and acquisitions, supplier relations, business development, commercial agreements, intellectual property, and advertising.

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

Sept. 3 Boyd Briefs Now Available

The Sept. 3 issue of Boyd Briefs is now available.

This week's edition features Professor Marketa Trimble, student Chelsea Lancaster, and alumnus Michael McNerny '12.

Professor Trimble is one of Boyd's most cosmopolitan experts, with extensive research experience in law schools in the U.S. and Europe and equally impressive expertise in European government.

Lancaster has assumed presidency of Society of Advocates, the law school's moot court board. In addition, she serves as a managing editor of the Nevada Law Journal in 2015-2016 and as teaching assistant for the Appellate Advocacy course, taught by Boyd 2010 alumnus Seth Floyd, this fall.

McNerny is the principal for the Law Office of Michael R. McNerny, Chtd., in Las Vegas. His practice focuses on real estate, zoning, and land use issues; corporate affairs; and privileged licensing, including medical marijuana dispensary licensing.

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

Professor Ann McGinley Interviewed by Time About Women and Workplace Vulnerability

Ann C. McGinley is a William S. Boyd Professor of Law at UNLV.

Professor McGinley was recently featured in an Aug. 27 Time article titled “Amazon Isn’t the Problem. We Are.” about women working in a workplace where personal traumas and health crises can render them “disproportionately vulnerable to being targeted as drags on the bottom line.” 

In the article, which discussed a recent report about Amazon’s workplace, Professor McGinley said, “It’s a new work world.”

She continued, “The lean-and-mean ethos is particularly hard on women. It’s a cowboy ethic: You can’t play in our clubhouse unless you play by our rules. But those rules don’t work with having a family.”

The article also read: “Furthermore, as McGinley points out, companies that employ harsh tactics that disproportionately affect women might risk serious lawsuits—as well as long-term growth. ‘If you seek to discard half your population, you’re losing a lot of expertise. You’re not going to have the innovation you need.’”

Professor McGinley is an internationally recognized scholar in the area of employment law, employment discrimination and disability law and a leader in Multidimensional Masculinities Theory, an emerging discipline that applies masculinities theory from social sciences to legal interpretation.

Aug. 27 Boyd Briefs Now Available

The Aug. 27 issue of Boyd Briefs is now available.

This week's edition features Professor Jean Sternlight, student Anthony Ruggiero, and alumna Amber Robinson '06.

Jean Sternlight is Director of the Saltman Center for Conflict Resolution and Michael and Sonja Saltman Professor of Law. This year alone, she received both the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work and the Lifetime Achievement Award from the American College of Civil and Trial Mediators.

Born in Brooklyn and raised in Queens, Anthony earned a B.S. in Criminal Justice from St. John's University and embarked on a career in the field. After moving to Las Vegas, he earned a master’s in Public Administration from UNLV and established a formidable record of service in the areas of public affairs and public communications.

Amber continues to be active at Boyd as a board member on the Alumni Chapter Board since 2012. She has served as Board secretary and is currently the treasurer. In 2011, Amber opened her own firm, Robinson Law Group, exclusively practicing in family law.

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

Professor Marketa Trimble Elected to International Academy of Comparative Law

Marketa Trimble is a Professor of Law at the William S. Boyd School of Law.

Professor Trimble was recently elected as an associate member of the International Academy of Comparative Law, an organization that brings together scholars to focus on the comparative study of legal systems. More than 700 members make up the academy, which brings together comparative law experts through conferences, workshops, publications and more.

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

Professors Fatma Marouf, Michael Kagan Write Column for The Washington Post

"If you get a speeding ticket from a traffic cop, you don’t have to pay the fine until the case is resolved in court. But things are different if the Department of Homeland Security seeks to have you deported."

So write Boyd Professors Fatma Marouf and Michael Kagan, along with Professor Rebecca Gill (UNLV Political Science) in a column in The Washington Post. For three years, they have conducted groundbreaking empirical research on how federal courts adjudicate immigration appeals.

In their Post column, they highlight a basic problem: Immigrants can be deported even while their appeals are still pending in court. This recently happened to a Guatemalan mother and child who were detained in Pennsylvania, and then deported by the Department of Homeland Security to Guatemala City two weeks after they filed an appeal.

Professors Kagan, Gill and Marouf highlight problems in the way the courts issue stays of removal to prevent this from happening. As they write:

"To decide whether to grant a stay of removal, a court must decide whether the immigrant is likely to eventually win her appeal. But in our research, we found that in about half of the appeals that were ultimately successful, the court initially guessed wrong and denied the stay, leaving an immigrant at risk of an errant deportation."

Professors Gill, Kagan and Marouf have been continuing their research, and are now focusing on the impact of gender on immigration cases in federal courts. Their initial findings were recently highlighted in The Wall Street Journal.

Professors Kagan and Marouf co-direct the Immigration Clinic at Boyd.

Professor Terrill Pollman and Committee Launch Electronic Version of Legal Writing Journal

Terrill Pollman is a professor of law at the UNLV William S. Boyd School of Law.

Professor Pollman chaired a committee of seven that recently launched an electronic version of Legal Writing, the journal of the Legal Writing Institute. The new website features current and archived issues of the journal in mobile-friendly formats.

In a message to legal writing professors, Professor Pollman and journal Editor-in-Chief Brooke Bowman, of Stetson Law, wrote, "For our four most recent volumes, you’ll find both html and PDF versions of the articles. Those of you who miss the print version of articles can bring up a PDF that will look exactly like the format you’ve always used. In addition, we’ve gathered resources for scholars in one handy place. And we’ve had some fun doing it."

A founding faculty member, Professor Pollman teaches in the areas of Lawyering Process, Persuasion, Negotiation, and Leadership and Law. Her scholarship focuses on legal writing, pedagogy and rhetoric.