Nevada v. Rosenthal
Nevada Supreme Court
559 P.2d 830 (1977)
- Written by Brett Stavin, JD
Facts
Frank Rosenthal (plaintiff) applied for a gaming license as a key employee of a casino, stating that his duties would include consulting with the chairman of the casino as well as advising on and administrating corporate policies. After an investigation, the Nevada Gaming Commission (the commission) (defendant) found that licensure of Rosenthal would discredit the state of Nevada given evidence that Rosenthal had previously corrupted public officials, attempted to bribe athletes to throw games, and been barred from racetracks and pari-mutuel operations in Florida. Following the denial of Rosenthal’s gaming license application, pursuant to commission regulation 5.011(6), his work permit may have been automatically revoked without prior notice or an opportunity to be heard, thus making Rosenthal ineligible for employment in a casino in any capacity. Rosenthal petitioned for judicial review of the commission’s decision. In his petition, Rosenthal argued that the commission violated his due-process rights, that its decision was arbitrary and capricious, that its findings were unsupported by evidence or law, and that it exceeded its jurisdiction. Despite no constitutional challenge having been raised to any Nevada law, the district court declared two provisions of Nevada statutes, Nevada Revised Statutes (NRS) 463.140 and 463.220, unconstitutional. Those statutes provided that gaming be licensed and controlled to protect the health, safety, public welfare, and the economy of Nevada, and that the gaming commission would have full power to deny license applications for any cause deemed reasonable. The commission appealed, arguing that the district court should not have declared NRS 463.140 and 463.220 unconstitutional.
Rule of Law
Issue
Holding and Reasoning (Thompson, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.