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Building The New American Economy: Smart, Fair, And Sustainable By Jeffrey D. Sachs, Serena R. Wheaton
Building The New American Economy: Smart, Fair, And Sustainable By Jeffrey D. Sachs, Serena R. Wheaton
Natural Resources Journal
No abstract provided.
Eating The Ocean By Elspeth Probyn, Annie Brethour
Eating The Ocean By Elspeth Probyn, Annie Brethour
Natural Resources Journal
No abstract provided.
Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels
Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels
Natural Resources Journal
The Wild Free-Roaming Horses and Burros Act is overdue for repeal or revision. The Wild Horse and Burro Program is expensive for taxpayers, detrimental to rangelands, and harmful to the thousands of free-roaming equines it is intended to benefit. For nearly half a century, the Bureau of Land Management and United States Forest Service have struggled to balance the mandates of the Wild Free-Roaming Horses and Burros Act amidst a political and social climate that makes compliance impossible. Forty-six years after the Act was passed, the agencies are further from arriving at a solution than they have ever been. The …
Fair And Equitable Treatment Of Foreign Investors In An Era Of Sustainable Development, Ying Zhu
Fair And Equitable Treatment Of Foreign Investors In An Era Of Sustainable Development, Ying Zhu
Natural Resources Journal
The long-existing debate surrounding the environmental impacts of investment liberalism has been intensified by the rapid growth of an international investment regime, which now consists of more than 3,000 international investment agreements (“IIAs”) and more than 700 investor-state arbitration cases. Many scholars, states, and non-governmental organizations (“NGOs”) fear this effective investment protection regime may intrude on or “chill” the host state’s sovereign right to regulate public interests, including environmental protection. An unsolved task for arbitral tribunals is to distinguish non-compensable legitimate environmental regulation from regulatory conduct that triggers compensation paid by host states to foreign investors.
How Wide Is Wide Enough?: Science, Values, And Law In Riparian Habitat Conservation, George Wilhere, Timothy Quinn
How Wide Is Wide Enough?: Science, Values, And Law In Riparian Habitat Conservation, George Wilhere, Timothy Quinn
Natural Resources Journal
Difficult environmental policy issues often elicit fervent declarations to “follow the science.” Such declarations ignore the essential role of values in policy making. The main purpose of this article is to clarify the relationships among science, values, and law in environmental policy. An important policy issue in wildlife conservation, is determining “how much is enough?” That is, what is the smallest amount of habitat or minimum population size that is adequate for the long-term survival of wildlife populations? This paper presents three case studies in which policy makers decided how much was enough for protecting freshwater salmonid habitats. The case …
The Regulatory Framework Of Produced Water In New Mexico And Why N.M. Stat. Ann. § 72-12-25(B)(1) (2009) Should Be Amended, Scott Woody
Natural Resources Journal
Produced water is a problem. This brackish byproduct of oil and gas production contains salts, dissolved solids, organic compounds, and naturally occurring radioactive materials. And that is putting it nicely. Produced water is seen as a liability to oil and gas producers and is generally disposed of via reinjection or open pits. The disposal is costly and creates future environmental hazards. However, through emerging technology and minor alterations to the New Mexico Statutes, this liability can be converted to an asset for all New Mexicans.
Front Matter, Selena Sauer
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth J. Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth J. Samuels
New Mexico Law Review
Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …
Fixing Deference In Youth Crimmigration Cases, Esther K. Hong
Fixing Deference In Youth Crimmigration Cases, Esther K. Hong
New Mexico Law Review
This Article focuses on a type of judicial deference that uniquely appears in immigration cases of non-citizen minors and young adults who have adult-ish state offense findings: state adult convictions imposed while they were minors, and state youthful offender findings. Deference, as revealed in these immigration cases, is an independent analytical tool that the Board of Immigration Appeals and federal courts use to presumptively accept the judgment or law of the state or federal government, even if the act goes against the statutes or policies of the other. Specifically, in immigration cases involving state youthful offender findings, the BIA and …
Let’S Call The Poll Thing Off: Partial Verdict Forms As A More Reliable Way To Enforce The Double Jeopardy Clause When Juries Deadlock On Counts With Lesser Included Offenses, Ben Osborn
New Mexico Law Review
The practice of charging lesser included offenses often leads juries to acquit on some levels of a given count but deadlock on others, but many states do not give effect to such acquittals and instead record only the deadlock for the entire count. Because the Double Jeopardy Clause only attaches to formally recorded verdicts, defendants’ double jeopardy rights will thus often depend on whether and how a jury is afforded the opportunity to give effect to such partial acquittals. Some states expressly forbid such partial acquittals, a practice deemed constitutional by the United States Supreme Court. New Mexico not only …
Amount-In-Controversy In The Tenth Circuit: Providing A Corporate Defendant Even More Power Under Cafa, Isaac Leon
Amount-In-Controversy In The Tenth Circuit: Providing A Corporate Defendant Even More Power Under Cafa, Isaac Leon
New Mexico Law Review
Prior to the Class Action Fairness Act of 2005 (“CAFA”), diversity jurisdiction was the manner used by defendants to remove class action lawsuits to federal court. However, class action plaintiffs were able to overcome federal jurisdiction and remain in certain state courts that were thought to provide certain advantages. Due to this perceived threat of abuse of this procedural vehicle, Congress sought to expand federal jurisdiction for class action lawsuits that may affect interstate commerce and national policy. Generally speaking, CAFA provided federal courts subject matter jurisdiction over class action lawsuits where the amount-in-controversy exceeds $5,000,000 and there is minimal …
Bringing Counsel In From The Cold: Reconciling Ethical Rules With The Quagmire Of Insurance Defense Practice, Joseph Regalia, V. Andrew Cass
Bringing Counsel In From The Cold: Reconciling Ethical Rules With The Quagmire Of Insurance Defense Practice, Joseph Regalia, V. Andrew Cass
New Mexico Law Review
Litigators have a tough job: demanding clients, relentless deadlines, and constant pressure to get everything just right. But insurance defense attorneys deal with this and more. Being an insurance-defense attorney means serving two masters: the insurance company that pays the bills, and the insured who stands to lose if the case turns out badly. Not to mention that the sorts of complicated liability cases for which insurers provide coverage often spawn twisted webs of attorney expectations and obligations--particularly ethical ones. And this ethical morass comes with costs: Costs for parties, costs for attorneys, and costs for the public. Much of …
Introduction, New Mexico Law Review
Of Remand And Responsibility: Oakey V. May Maple Pharmacy And The Pharmacist’S Professional Standard Of Care In New Mexico, Paul Michael Roybal
Of Remand And Responsibility: Oakey V. May Maple Pharmacy And The Pharmacist’S Professional Standard Of Care In New Mexico, Paul Michael Roybal
New Mexico Law Review
Reports of the United States’ prescription drug overdose epidemic abound in news media. In an effort to curb this epidemic, several entities have been subject to lawsuits, including pharmaceutical manufacturers and doctors. However, pharmacists remain protected in the majority of jurisdictions by a restricted professional standard of care. The pharmacist’s professional standard of care in New Mexico was a question of first impression when it reached the Court of Appeals in Oakey v. May Maple Pharmacy, but the case was remanded back to the district court so that each party’s expert could further develop a standard. Thus, the question is …
Cheers! Ending Quill . . . What Can Be Learned From The Wine Industry, Alyson Outenreath
Cheers! Ending Quill . . . What Can Be Learned From The Wine Industry, Alyson Outenreath
New Mexico Law Review
In today’s age of technology, does it really matter where we are physically present? For example, a person in rural Montana can buy items online, just as if that person were in a brick-and-mortar store in New York City or San Francisco. An Internet business having employees and offices only in Chicago could sell products to customers located in all 50 states. If physical presence has become a bygone of the past, then why still talk about it? The answer is the 1992 U.S. Supreme Court decision in Quill Corp. v. North Dakota. Quill involved whether an out-of-state office supply …
Morris V. Brandenburg: Departing From Federal Precedent To Declare Physician Assisted Suicide A Fundamental Right Under New Mexico’S Constitution,, Paola V. Jaime Saenz
Morris V. Brandenburg: Departing From Federal Precedent To Declare Physician Assisted Suicide A Fundamental Right Under New Mexico’S Constitution,, Paola V. Jaime Saenz
New Mexico Law Review
No abstract provided.
Front Matter, New Mexico Law Review
Legal History Of Medical Aid In Dying: Physician Assisted Death In U.S. Courts And Legislatures, Thaddeus Mason Pope
Legal History Of Medical Aid In Dying: Physician Assisted Death In U.S. Courts And Legislatures, Thaddeus Mason Pope
New Mexico Law Review
No abstract provided.
The Decisions We Are (Or Are Not) Free To Make, For Now, Laura Schauer Ives
The Decisions We Are (Or Are Not) Free To Make, For Now, Laura Schauer Ives
New Mexico Law Review
No abstract provided.
State Constitutions As The Future For Civil Rights, Erwin Chemerinsky
State Constitutions As The Future For Civil Rights, Erwin Chemerinsky
New Mexico Law Review
No abstract provided.
Dedication, New Mexico Law Review
Introduction, Alison K. Goodwin, Kyle P. Duffy
Introduction, Alison K. Goodwin, Kyle P. Duffy
New Mexico Law Review
No abstract provided.
State Constitutional Litigation In New Mexico: All Shield And No Sword, The Honorable Linda M. Vanzi, Andrew G. Schultz, Melanie B. Stambaugh
State Constitutional Litigation In New Mexico: All Shield And No Sword, The Honorable Linda M. Vanzi, Andrew G. Schultz, Melanie B. Stambaugh
New Mexico Law Review
No abstract provided.
A Nadir Of State Constitutional Jurisprudence: Failing To Protect Terminally Ill Patients’ Choice For A More Peaceful Death In New Mexico, Kathryn L. Tucker
A Nadir Of State Constitutional Jurisprudence: Failing To Protect Terminally Ill Patients’ Choice For A More Peaceful Death In New Mexico, Kathryn L. Tucker
New Mexico Law Review
No abstract provided.
Water Planning, Tribal Voices, And Creative Approaches: Seeking New Paths Through Tribal-State Water Conflict By Collaboration On State Water Planning Efforts, Stephen H. Greetham
Water Planning, Tribal Voices, And Creative Approaches: Seeking New Paths Through Tribal-State Water Conflict By Collaboration On State Water Planning Efforts, Stephen H. Greetham
Natural Resources Journal
More than a century after the Supreme Court issued its foundational Indian water law cases, only a handful of American Indian tribes have secured decrees or settlements of legally enforceable water rights. Efforts to resolve tribal water claims are typically hampered by legal and factual complexities as well as the equitable and political legacy of the United States’ western expansion. Meanwhile, those difficulties notwithstanding, planners are refining their methodologies and rising to new challenges our water resource management systems now face (e.g., climate variability, aging infrastructure, changing use-value priorities, etc.). Signaling a departure from exclusive reliance on formal dispute resolution …
New Mexico Tribal Cannabis: Policy, Politics, & Guidance For Government-To-Government Cooperation In State-Tribal Cannabis Compacting, Matthew Ramírez
New Mexico Tribal Cannabis: Policy, Politics, & Guidance For Government-To-Government Cooperation In State-Tribal Cannabis Compacting, Matthew Ramírez
Natural Resources Journal
The purpose of this article is three-fold. First, it aims to provide a systematic review of international, United States, state, and federal Indian law and policy surrounding cannabis cultivation, possession, and use in Indian Country. Second, it argues that the 2017 New Mexico tribal medical cannabis bills (SB 345 & HB 348), which were introduced in the first regular session of the New Mexico State Legislature and would have permitted the state to enter into intergovernmental agreements (or compacts) with tribes who choose to implement the state’s medical cannabis program on tribal lands, contained legal vulnerabilities likely to hinder their …
Grains By Bill Winders (Polity Press, 240 Pages; 2017), Sabina Gaynor
Grains By Bill Winders (Polity Press, 240 Pages; 2017), Sabina Gaynor
Natural Resources Journal
No abstract provided.
Human Rights And The Global Climate Change Regime, Atieno Mboya Samandari
Human Rights And The Global Climate Change Regime, Atieno Mboya Samandari
Natural Resources Journal
This article discusses human rights implications of the market-based mechanisms operationalized under the global climate change regime. It examines greenhouse gas emissions rights created by the Kyoto Protocol and continued by the Paris Agreement. This article discusses implications of these rights for the protection and realization of human rights in the wake of climate change and argues that greenhouse gas emissions rights, as currently constituted, are incompatible with human rights protections. While the Paris Agreement’s recognition of human rights is a significant development, the protection and realization of human rights by states under a free-market approach to climate change remains …
A Lot To Digest: Advancing Food Waste Policy In The United States, Alexandra Evans, Robin Nagele
A Lot To Digest: Advancing Food Waste Policy In The United States, Alexandra Evans, Robin Nagele
Natural Resources Journal
An estimated thirty-one percent of the food grown, produced, and transported in the United States is wasted annually. This waste translates into ninety-six billion pounds of food and $165 billion in lost economic value. Food waste occurs at all phases of the supply chain, stretching from farm to table, and imposes substantial economic, environmental, and social costs. This Article highlights the staggering quantity of food waste in the United States and argues that certain innovative policies and market-based initiatives that strategically target the most egregious and unjustifiable types of food waste can efficiently reduce this problem. Applying a simple cost-benefit …
Shooting Stars And Dancing Fish: A Walk To The World We Want By Antonio A. Oposa Jr. (Ramon Aboitiz Foundation Inc., 261 Pages; 2017), Olga Starcher
Shooting Stars And Dancing Fish: A Walk To The World We Want By Antonio A. Oposa Jr. (Ramon Aboitiz Foundation Inc., 261 Pages; 2017), Olga Starcher
Natural Resources Journal
No abstract provided.