Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U.S. Senate Vacancies Are Filled

VIKRAM DAVID AMAR

In this second of a series of columns, Illinois Law dean and professor Vikram David Amar comments on the Kentucky proposal to change the way U.S. Senate vacancies are filled. Dean Amar argues that the Seventeenth Amendment precludes such a proposal, which would allow the state legislature to substantively constrain the governor’s choices in making a temporary appointment.

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Guzman v. Johnson

Citation: 137 Nev. Adv. Op. No. 13

Opinion Date: March 25, 2021

Judge: Silver

Areas of Law: Business Law

The Supreme Court affirmed the judgment of the district court dismissing Appellant's shareholder complaint against Appellees, the individual directors of a corporation and its controlling stockholder, holding that Appellant failed to rebut the business judgment rule and allege particularized facts demonstrating the requisite breach of fiduciary duty. In her complaint, Appellant alleged breach of fiduciary duty and sought damages from a merger. The district court dismissed the complaint for failure to state a claim, determining that the business judgment rule applied. The Supreme Court affirmed, holding (1) Nev. Rev. Stat. 78.138 and Chur v. Eighth Judicial District Court, 458 P.3d 336 (Nev. 2020), foreclose the inherent fairness standard that previously allowed a shareholder to automatically rebut the business judgment rule and shift the burden of proof to the director; and (2) the district court properly dismissed Appellant's complaint.

Hildt v. Eighth Judicial District Court

Citation: 137 Nev. Adv. Op. No. 12

Opinion Date: March 25, 2021

Judge: James W. Hardesty

Areas of Law: Criminal Law

The Supreme Court granted Petitioner's petition for a writ of mandamus ordering that his conviction for misdemeanor battery constituting domestic violence charge be vacated and that he receive a jury trial, holding that the new rule in Andersen v. Eighth Judicial District Court, 448 P.3d 1120 (Neb. 2019), applied to Petitioner. In Andersen, the Supreme Court announced that persons charged with a misdemeanor domestic battery offense are entitled to a jury trial. Anderson was decided three weeks after the district court affirmed Petitioner conviction of appeal. Petitioner then brought this petition arguing that the municipal court and district court erred by denying him a jury trial. The Supreme Court granted mandamus relief, holding (1) Andersen announced a new constitutional rule of criminal procedure; and (2) because Andersen was decided before the time period to appeal had expired, Petitioner's conviction was not final and the rule in Andersen applied to his conviction.