First Day Of School 2021

  • Law

  • School is back in session today. Please keep an eye out for small masked pedestrians in and around school zones! And congrats to all the parents who survived another summer of their kids at home! [Las Vegas Sun; RJ]
  • Law professors from Boyd critique NSHE handling of vaccines and dispute NSHE lawyer’s conclusions. [TNI]
  • Can you be fired for refusing to get vaccinated? [Fox5Vegas
  • Washoe County Assessor appeals protection order over anonymous mailers. [RGJ]
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Anonymous
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Anonymous
August 9, 2021 5:49 pm

Can you be fired for refusing to get vaccinated? The answer may surprise you!

It's yes.

Anonymous
Guest
Anonymous
August 9, 2021 8:16 pm
Reply to  Anonymous

And who do I name in the lawsuit if I have an adverse reaction to the mandated vaccine?

Anonymous
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Anonymous
August 9, 2021 8:21 pm
Reply to  Anonymous

you're presumably a lawyer–figure it out. if you're not you might check myspace

Anonymous
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Anonymous
August 9, 2021 9:16 pm
Reply to  Anonymous

It's a legitimate question. What does the consent form look like? Signed consent is huge in med-mal, but where does this situation lie? If there is no consent, then the employer should be liable. Does a so called "health emergency" relieve them of liability? And what about a government mandated vaccine…same thing.

Anonymous
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Anonymous
August 10, 2021 3:07 am
Reply to  Anonymous

2:16 employment law is not med mal.

Anonymous
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Anonymous
August 10, 2021 5:58 am
Reply to  Anonymous
Anonymous
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Anonymous
August 10, 2021 3:26 pm
Reply to  Anonymous

@10:58 – except that program doesn't cover reactions resulting from the COVID19 vaccine.

Anonymous
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Anonymous
August 9, 2021 6:28 pm

Why are law professors crying about no vaccine mandate? If they're vaccinated, they should have nothing to worry about, right? Get the shot, wear a mask, and stop whining.

Anonymous
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Anonymous
August 9, 2021 6:49 pm
Reply to  Anonymous

Obviously, because they are drawing on their vast experience of years of real world experience practicing law.

Anonymous
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Anonymous
August 9, 2021 7:40 pm
Reply to  Anonymous

I am not sympathetic.
Employment is not compulsory. An employer can set conditions for the work place. Provide your own tools, neat appearance, or conditions for the safety of customers (ex. health card) or safety of all employees, such as vaccinations. The employee always has a choice to work for the requiring employer or go elsewhere.

Anonymous
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Anonymous
August 9, 2021 7:45 pm
Reply to  Anonymous

It may be because vaccinated law professors, much like other vaccinated Americans, are sick and tired of mask mandates and social distancing and all of the other preventive measures we're taking just to help those who refuse to get vaccinated. At this point, let's just go back to normal and let natural selection work its way through America.

Anonymous
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Anonymous
August 9, 2021 7:47 pm
Reply to  Anonymous

12:45 – as nice as that would be, this is what led to Delta (and was predicted). The longer the virus is out spreading around it can mutate and lead to new, worse strains.

Maybe we just ship them all off to Florida and close the border?

Anonymous
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Anonymous
August 9, 2021 8:17 pm
Reply to  Anonymous

Florida? No, no.
They have to go to NYC or LA. Fence them off, it would work perfectly for these morons. I saw the movies.

Anonymous
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Anonymous
August 9, 2021 8:28 pm
Reply to  Anonymous

The Delta virus is more contagious yes, but likewise less deadly. Thank you non-vaxxers for the beneficial mutation. My concern with the vaccines (yes, I am vaccinated) is the virus will mutate to break through the vaccine, like those buggers that are resistant to antibiotics.

Anonymous
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Anonymous
August 9, 2021 8:31 pm
Reply to  Anonymous

Bacteria and antibiotics are not the same as vaccines and viruses. Holy shit people.

Anonymous
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Anonymous
August 9, 2021 8:36 pm
Reply to  Anonymous

Delta variant not less deadly.

Anonymous
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Anonymous
August 10, 2021 12:46 am
Reply to  Anonymous

Data from Iceland and Israel does not bode well for Mrna believers.

https://twitter.com/AlexBerenson/status/1424409919713943552

Anonymous
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Anonymous
August 10, 2021 12:54 am
Reply to  Anonymous

Except that was not what Iceland's chief epidemiologist stated. He stated that he wants herd immunity through vaccination which keeps the severity of illness low. "Þórólfur confirmed that along with border restrictions, Iceland would need to continue to have domestic restrictions in place to prevent the spread of the virus. Achieving herd immunity is, however, still a goal and the Chief Epidemiologist stated that Iceland has come a long way toward it. “The aim is to achieve herd immunity in one way or another through vaccination, and we have tried that. Half of those who are vaccinated are immune so we have achieved herd immunity among them. In order to develop herd immunity here in the community, more people need to be immune to the virus and it’s not possible to do that in any way other than vaccinating with this third dose, revaccinating those who are the most vulnerable.”
https://www.icelandreview.com/society/icelands-chief-epidemiologist-curbing-infections-remains-the-goal/

Anonymous
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Anonymous
August 10, 2021 3:02 am
Reply to  Anonymous

I'm not vaccinated. Not going to get vaccinated. As far as I'm concerned, the pandemic is over. It ended this weekend when Obama had 600+ people, all unamasked, and not all vaccinated, at his martha's vineyard mansion for his 60th birthday bash, and the prevous weekend, when Lollapalooza was held. Neither of which, the preeminent Dr. Fauci has criticized.

Anonymous
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Anonymous
August 10, 2021 5:28 am
Reply to  Anonymous

I like the Obamas, but they got caught up in the life styles of the rich and famous pretty quickly. They left the White House, and for the next year, they vacationed from their vacations, at the most exclusive, most expensive spots on the planet. So what happened to the community organizer anyway? Oh yeah, he met Jay Z and George Clooney.

Anonymous
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Anonymous
August 13, 2021 8:00 am
Reply to  Anonymous

To smarty pants 1:31, the latest Covid variant, lamda, is mutating to avoid vaccine antibodies, not unlike how bacteria has avoided antibiotics.

Anonymous
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Anonymous
August 13, 2021 2:43 pm
Reply to  Anonymous

The "Nerd" variant.

Anonymous
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Anonymous
August 9, 2021 7:55 pm

12:40, and of course we are discussing somewhat differing dynamics depending on whether we are discussing mandates of a private employer vs. a governmental employer.

Abruptly shifting topics, how are all these new judge performing?

Anonymous
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Anonymous
August 10, 2021 3:12 am
Reply to  Anonymous

All of the conditions 12:40 identified apply equally to public employers as well as private. The areas that differ have nothing to do with vaccines.

Anonymous
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Anonymous
August 9, 2021 8:05 pm

As a reminder, as of this month, SBN (which offers CLEs) is now overseeing the Nevada Board of CLE. So if you have any question about why the CLE you want to offer at a price substantially below $40/credit was denied, feel free to direct those questions to your competitor and overseer of the NV CLE Board, the SBN.

This change brought to you by the NSC, who felt that a Petition filed on February 11, 2021 could and should be heard 20 days later. Also, it should warm the cockles of your cold attorney heart to learn that Kim Farmer has established a working group to decide how to spend the money the CLE Board had in reserve.

Anonymous
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Anonymous
August 9, 2021 8:30 pm
Reply to  Anonymous

And you are 100 correct,but what are we going to do about it? You elect the same Nevada Supreme Court and BOGs assholes. I will put up money. Vote out Paola Armeni and the other perennial BOSs, or it will get worse. Same problem, new decade.

Anonymous
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Anonymous
August 9, 2021 8:07 pm

Forsberg continues to yell in court. The previous comments about her are true. Throne is a bully. I had enough cases against her over the years, I knew better than to support her campaign. Bailey and Mercer are both doing good work. Mastin is as nasty as ever. She was bad in TPO court and has not improved with time. Butler and Cutter are both nice on the bench, but I have concerns about their legal acumen when it comes to family court.

Anonymous
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Anonymous
August 10, 2021 1:57 am
Reply to  Anonymous

I will agree with most of this. I supported Throne, even donated to her campaign. She's smart but has been a real disappointment on the bench. In the next election my money is going to her opponent.

Anonymous
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Anonymous
August 10, 2021 5:24 am
Reply to  Anonymous

I had cases against Throne. I knew how arrogant, judgmental and mean she is. There was no way I would support her.

Anonymous
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Anonymous
August 10, 2021 4:06 pm
Reply to  Anonymous

Agreed re: Mercer. Supported her and glad to see she's doing good work on the bench.

Anonymous
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Anonymous
August 9, 2021 8:09 pm

11:49–Which is what is so upsetting about law school faculties.

And here's an illustrative Q & A, multiple choice, with just two possible answers:

When hiring professors, law schools emphasize which of the following two:

1. Solid, highly skilled practitioners, who have decades of real life experience, and a real grip on what is practical, etc.

2. A strutting, ivory tower, peacock of high academic plummage, but who has little or no meaningful experience as a practitioner, and this knows squat about the practical aspects of practice.

The answer of course is #2, the strutting peacock who knows nothing of any of the practical aspects of practice, and thus really has nothing of much lasting value to impart.

The only limited exception would be that some law schools will occasionally hire a skilled practitioner to teach an isolated class on a pier diem basis. Thus, such practitioners may occasionally be a part-time instructor, but they will never be made a full-time professor.

I am now soliciting inout as to whether this rule(hiring the academian rather than the skilled practitioner) applied to your law school, or whether your law school was an exception.

Now, if you claim your law school was an exception, and that they would hire skilled practitioners as professors, and avoid hiring the academic pseudo-intellectual, I believe many posters will doubt your representation.

Anonymous
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Anonymous
August 9, 2021 8:13 pm
Reply to  Anonymous

11:49 Here.

My civil procedure professor had 20 years of experience as a litigator. But he also had the plumage. I suspect that he was hired for the latter in spite of the former. I don't think it would be unreasonable for accrediting agencies, the ABA or even state legislatures (for public universities) to require at least 10 years full-time experience in the area of law the professor wishes to teach.

Anonymous
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Anonymous
August 9, 2021 8:22 pm
Reply to  Anonymous

1:13, yes the pity of it is that he was probably not hired on account of 20 years of sterling practice, but was hired because he published a couple articles in esteemed academic journals that no one really reads.

Anonymous
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Anonymous
August 9, 2021 8:26 pm
Reply to  Anonymous

11:49 is mostly on point. The Boydees should weigh in on this as Boyd's bench of "talent" seems to fit the profile. I never attended Boyd. I had a great CivPro professor who came to the school almost right out of Harvard. I had a great CrimPro professor who came right from an Appellate clerkship and big school name. The other full professors were just so-so or lazy.
That said, I had a couple or really bad per diem instructors and some that were pretty good.

Anonymous
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Anonymous
August 9, 2021 8:31 pm
Reply to  Anonymous

11:49 here. I want to be clear I did not attend UNLV Law. I attended an out-of-state public law school.

Anonymous
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Anonymous
August 9, 2021 10:24 pm
Reply to  Anonymous

Went to law school in the Northwest. High percentage of my law profs were pasty, socially-awkward, wierdo geeks. Would probably pee their shorts if they ever had to actually deal with a difficult client or opposing counsel. I imagine it's the same throughout the country.

Anonymous
Guest
Anonymous
August 9, 2021 10:44 pm
Reply to  Anonymous

1:09, how does one become identify a strutting, ivory tower, peacock? If anyone knows where I can sign up for lessons in that please let me know.

Anonymous
Guest
Anonymous
August 9, 2021 11:30 pm
Reply to  Anonymous

3:44–well, it works differently for different people, but there are some commonalities of the trajectory:

1. As a lawyer, have little, if any, meaningful qualifications and experience. The less experience, the better.

2. Be completely engulfed in the legal academia publishing game.

3. Make all the right connections(find out what parties and seminars to attend, etc.).

4. Use those connections to present at highly visible, well-received legal seminars.

5. Constantly kiss the ass of professors and administrators at the local law school. Offer to be a guest lecturer for their classes–things like that.

6. When learning how to kiss their asses, learn the totally artificial, fake "laugh." When they make a "joke" steeped in obscure legal academia, throw your head back, affect a stiff awkward smile, and display the fake "laugh." Some will know what I mean, have perfected it, and can teach you.

7. Affect the peacock strut. If you can't find you tube videos on it, ask more experienced practitioners, who will have encountered these types over the years.

8. Also(and this is the easiest one for many lawyers to achieve) decide that you will be totally goal-oriented in achieving your own self-aggrandizing agenda, and never let a conscience, or the interests and well-being of others, get in the way.

This is by no means a complete least, nor a completely accurate list, but it is a decent starting point, in my view.

Best of luck.

Anonymous
Guest
Anonymous
August 9, 2021 11:36 pm
Reply to  Anonymous

The best one that 4:30 offers is #6, the fake laugh.

When I was a young associate, swimming in the shark-infested waters with all the other young associates(i.e. nameless, faceless, enslaved billing machines), and all we young associates were engaging in mutual cannibalization, we all learned to affect the fake laugh around the senior partners, and sometimes the junior partners and supervising senior associates as well(or whatever the exact rankings and firm classifications were at that time).

Worked for me, and the other minions, and it can work for you too!

Anonymous
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Anonymous
August 10, 2021 5:22 am
Reply to  Anonymous

I have worked for some partners who were great attorneys and I have worked for some real idiots. The hard part is hiding the fact that you know how incompetent they are.

Anonymous
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Anonymous
August 9, 2021 8:15 pm

1:09, and I think the movement is even more in this direction.

It's simply getting worse.

But the entire blame is not the philosophy of these law schools(in hiring academians rather than top notch lawyers).

That's the major part of it, but even if the law schools were willing to hire skilled practitioners, as full-time professors, it would often do no good as these successful lawyers would not be ready and willing to leave their thriving practices.

Which is why, as you mention, these attorneys will teach a class or two now and then, as that will enable them to still maintain their law practice, but they cannot maintain their law practice if they accept a full time professor position.

Anonymous
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Anonymous
August 9, 2021 8:27 pm
Reply to  Anonymous

I don't know. Law professors regularly make $200k+ a year for what is essentially a part time job. I would think that would be a very lucrative arrangement for an attorney who is about 55 years old, has made her bones, and wants to slow down a bit.

Anonymous
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Anonymous
August 10, 2021 2:30 am
Reply to  Anonymous

Except that attorney would probably rather retire than start her teaching career that late in life at $60,000, feel pressure to publish, deal with law students, work 40 hours/week. Part-time doesn't account for publishing and office time. And, as outlined above, there's essentially no chance a successful attorney will become a professor.

Anonymous
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Anonymous
August 10, 2021 5:11 am

#freemoscowmitch
#freebonniebulla
#freetheschoolchildren

Anonymous
Guest
Anonymous
August 10, 2021 5:38 am

After losing his chance to be re-elected, Jimmy Carter told the press he intended to emulate the retirement of Harry S. Truman, and to not use his post-presidency as a means of enriching himself. Bravo!

Anonymous
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Anonymous
August 10, 2021 5:46 am

Obama's First Year, Post Presidency: Obama kicked off his return to civilian life with a February break in the British Virgin Islands, where he was a guest on the private island of the British billionaire Richard Branson.

He followed that sojourn with a stay on the French Polynesian island of Tetiaroa.

In May, he flew to Europe and met with Chancellor Angela Merkel of Germany just ahead of the NATO summit that Trump would take part in. Obama also made time for a days-long family vacation in the Tuscan countryside.

A month later, the Obamas and their daughters, Sasha, 16, and Malia, 19, took another family trip — to Indonesia, where the former president lived for several years as a child — and river rafted on the island of Bali.

He he left us all home, with Donald Trump.

Anonymous
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Anonymous
August 11, 2021 1:46 am

I see that the non-lawyer troll who comes here because the RJ doesn't allow comments anymore was gettin' busy in the 10 o'clock hour…

Anonymous
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Anonymous
August 11, 2021 3:58 am
Reply to  Anonymous

@6:46 So, you think because you're an attorney you're somehow better than anyone else? Are your staff so beneath you that the mere sight of them disgusts you?

Anonymous
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Anonymous
August 11, 2021 4:22 pm
Reply to  Anonymous

>So, you think because you're an attorney you're somehow better than anyone else?

Yeah, that's what "Esquire" stands for

Anonymous
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Anonymous
August 12, 2021 3:06 am
Reply to  Anonymous

Yeah, that's NOT what Esquire stands for. you may want to use a dictionary other than Urban Dictionary.