Vol 79. – The Use and Abuse of Unpublished Appellate Orders
A legal note from Marshal Willick about why unpublished orders, as opposed to published Opinions, exist at all, and how they should and should not be used in arguing cases in any court. I. WHY UNPUBLISHED ORDERS EXIST Several lawyers have asked why unpublished orders...
Vol. 78 – Shrinks Gone Wild 6: “Immersion Therapy” is Banned
A legal note from Marshal Willick about the Nevada Legislature stepping in to ban the child abuse masquerading as “treatment” known as “immersion therapy.” I. BACKGROUND AND HISTORY Readers of these Legal Notes know that over the years I have been critical of...
Vol. 77 — The Past, Present, And Future Of Closed Hearings And Sealed Files In Family Court
THE PAST, PRESENT, AND FUTURE OF CLOSED HEARINGS AND SEALED FILES IN FAMILY COURT A legal note from Marshal Willick about the destruction and restoration of a right to privacy in Family Court, as to both the sealing of files and the closing of hearings, who it applies...
Vol. 76 — When Allegations Of Waste Are A Waste Of Time And Money, And What To Do About It
A legal note from Marshal Willick about the misuse of waste claims in divorce litigation, the proper limits of such claims, and what judges should do to compensate for misuse of those claims. ........................................................... The law of...
Vol. 75 – Martin: Protection of Military Spouses From Divestiture Through Disability Election
A legal note from Marshal Willick about a recent decision in which Nevada joined with Alaska, Michigan, Washington, and Virginia in protecting the contractual rights of military spouses for indemnification for loss of retirement benefits when the military spouse...
Vol. 74 – Why Court Appearances Should Be Remote By Default
A legal note from Marshal Willick about the pending decisions about how court proceedings should normally be handled – in person, or by remote electronic appearances. _____________________________________ For lots of reasons, remote court appearances should be the...
Vol. 73 – Closed Hearings, Sealed Files, Privacy, and Public Access: Why the Rules Are the Way They Are, and What They Should Be Going Forward
A legal note from Marshal Willick about the statutory, case law, and court rule history involving closed hearings and sealed files, what happened to change them and why, and what is needed going forward. _____________________________________ There is a huge amount of...
Vol. 72 – The Nevada Supreme Court Fails to Clean Up Its Survivorship Benefits Mess — Again
A legal note from Marshal Willick about how the Nevada Supreme Court again ducked by footnote an opportunity to correct errors it has known about for decades about retirement and survivorship benefits, effectively passing the buck to the Legislature....
Vol. 71 – Engagement Rings and the Nevada Law of Gifts
A legal note from Marshal Willick about the law concerning engagement rings in Nevada – how and when are they considered gifts, and under what circumstances they must be returned to the giver. ........................................................... This is a...
Vol. 70 – Property Transfers Between Cohabitants After Howard v. Hughes
A legal note from Marshal Willick about how the Nevada law governing property transfers between unmarried persons is different from – and less predictable than – the law governing property transfers within a marriage....
Vol. 69 – MLAW 3 & 4: Malmquistizer and Child Support Calculator
A legal note from Marshal Willick announcing two new tools for the family law legal community, one of which is free, and the other of which is free to all subscribers. ........................................................... The change from child support statutes...
Vol. 68 – The Past, Present, and Future of CLE in Nevada
A legal note from Marshal Willick concluding (for now) a series about Continuing Legal Education (“CLE”) of Lawyers in Nevada: how it got here, what just happened, and where it is likely to go in the future – including a startling admission from the folks running the...
Vol. 67 – Merit Selection of Judges
A legal note from Marshal Willick about the most recent proposal to move Nevada to a merit selection system for picking judges, and how and why it should be implemented in the next Legislature. ........................................................... The Nevada...
Vol. 66 – The New CLE Fee Structure Stinks and Should Be Changed
A legal note from Marshal Willick about how Nevada’s CLE system has been made destructive to both education and scholarship while increasing dramatically in cost, and why only the Nevada Supreme Court – which ultimately is responsible for this mess – can do anything...
Vol. 65 – Shrinks Gone Wild 5: “Immersion Therapy”
A legal note from Marshal Willick about a particularly pernicious practice being pushed blindly by certain Mental Health Professionals (“MHPs”) who should know better, to the damage of innocent children and their parents....
Vol. 64 – Major Changes to Military Retirement
A legal note from Marshal Willick about the federal government injecting itself into state divorce law by enacting changes to the Uniformed Service Former Spouses Protection Act (“USFSPA”) that impede the property rights of former spouses of military members, make the...
Vol. 63 – Recreational Marijuana and Child Custody in Nevada
A legal note from Marshal Willick about the impact of approval of “Question 2 – Initiative to Regulate and Tax Marijuana” on child custody matters in Nevada. ........................................................... In 2001, Nevada voters approved the “Nevada...
Vol. 62 – Shrinks Gone Wild 4: Minimum Legal Requirements for MHPs
A legal note from Marshal Willick about continuing pervasive problems in Nevada where Family Court involves Mental Health Professionals (“MHPs”), despite recent controlling authority intended to provide limits....