Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 78

Full-Text Articles in Entire DC Network

Subcommittee Membership, Governor's Task Force On Ethics Reform Jun 2006

Subcommittee Membership, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a list of subcommittee members of Governor Richardson's Task Force on Ethics Reform.


Discussion Group Report: Prevention & Enforcement, Jim Noel, Stuart Bluestone, John Carey, Zachary Shandler Jun 2006

Discussion Group Report: Prevention & Enforcement, Jim Noel, Stuart Bluestone, John Carey, Zachary Shandler

Governor Richardson's Task Force on Ethics Reform (2006)

New Mexico has a mix of ethical canons and statutes, including the Government Conduct Act, the Procurement Code, Financial Disclosure Act, and others. The Judicial branch has its own code of conduct, as does the Legislative branch. The Government Conduct Act encourages Executive branch agencies to develop and maintain agency specific codes of conduct. It is important to note the distinction between ethical canons, which could result in administrative discipline or sanctions, and criminal/civil statutory provisions, violations of which can result in criminal fines, penalties, etc. This report provides a brief summary of the existing ethics laws, mechanisms for enforcement, …


Discussion Group Report: Campaign Finance, Matt Brix, Brad Winter, Andrew Montgomery Jun 2006

Discussion Group Report: Campaign Finance, Matt Brix, Brad Winter, Andrew Montgomery

Governor Richardson's Task Force on Ethics Reform (2006)

Campaign finance' laws cover the manner in which money is raised, spent and reported by candidate committees, political action committees, political parties and independent expenditure groups. This report will examine existing laws in New Mexico, potential problem areas in those laws and options for amending current laws. The real or perceived influence of money on the political process creates an inevitable tension between the right to free speech on the one hand, and the established norm of one person, one vote on the other. Existing laws governing campaign finance in New Mexico focus on reporting requirements, limits on campaign spending, …


Discussion Group Report: Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller Jun 2006

Discussion Group Report: Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller

Governor Richardson's Task Force on Ethics Reform (2006)

Governmental conduct' covers behavior by a wide range of individuals, engaging in a broad scope of activities, and is addressed by a variety of statutes, rules, and codes of conduct. This report concerns the conduct of all persons occupying a position of public trust in New Mexico: elected officials, appointed officials, and classified and exempt state employees. All of these individuals owe important ethical duties to the citizens of New Mexico. Laws and rules regulating government conduct are largely concerned with 1) restrictions on the behavior of individual actors, and 2) disclosure and reporting of government activities so that those …


Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller Jun 2006

Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller

Governor Richardson's Task Force on Ethics Reform (2006)

This presentation covers the following issues of governmental conduct: gifts, nepotism, lobbying, and conduct of government officials.


Subcommittee Report On Legislative Compensation, Gary E. Carruthers, Maralyn Budke, Jim Noel, Barbara Brazil Jun 2006

Subcommittee Report On Legislative Compensation, Gary E. Carruthers, Maralyn Budke, Jim Noel, Barbara Brazil

Governor Richardson's Task Force on Ethics Reform (2006)

Currently, under Section 1-19-29.1 NMSA 1978 legislators may use campaign funds for expenditures \u2026 reasonably related to performing the duties of office held, including mail, telephone, and travel expenditures to serve constituents, but excluding personal and legislative session living expenses'. An unintended consequence of allowing campaign funds for performance of duties of the office may be that a legislator(s) may be dependent in some measures on funds given to them by third parties who have specific interests they are promoting or supporting. In addition to the perception that legislators may be receiving contributions for political consideration, there is an even …


Subcommittee Report On Campaign Finance, Andrew Montgomery, Barbara Brazil, Justin Miller, Jim Noel, Hilary Tompkins Jun 2006

Subcommittee Report On Campaign Finance, Andrew Montgomery, Barbara Brazil, Justin Miller, Jim Noel, Hilary Tompkins

Governor Richardson's Task Force on Ethics Reform (2006)

New Mexico is one of a minority of 13 states that do not limit most campaign contributions. The United States Supreme Court has recognized that such limits may serve a states compelling interest in preventing corruption and the appearance of corruption in the political process. The Supreme Court has also concluded that reasonable contribution limits do not violate the United States Constitution. This report details several options for the Task Force's consideration, as well as the subcommittee's recommendations. In the 2005 Campaign Disclosure Project — Grading State Disclosure Report, New Mexico received a grade of F for its campaign disclosure …


Subcommittee Report On Gifts, Suellyn Scarneccia, W. Ken Martinez, Matt Brix Jun 2006

Subcommittee Report On Gifts, Suellyn Scarneccia, W. Ken Martinez, Matt Brix

Governor Richardson's Task Force on Ethics Reform (2006)

The giving of gifts to show ones appreciation is a valued tradition in New Mexico. However, the giving of gifts to public officials by persons financially interested in their official actions may have a corrupting influence. A clear statutory bright line definition as to when gifts are not acceptable, beyond the current quid pro quo standard, would provide a necessary foundation for effective regulation of lobbying and campaign finance. A clear definition would also make it easier for both public officials and citizens to comply, and thus increase the publics confidence in its government. This report reviews some options for …


Subcommittee Report On Public Financing Of Campaigns, Matt Brix, Dede Feldman, Stuart Bluestone, Stewart Udall Jun 2006

Subcommittee Report On Public Financing Of Campaigns, Matt Brix, Dede Feldman, Stuart Bluestone, Stewart Udall

Governor Richardson's Task Force on Ethics Reform (2006)

Broadly speaking, the Ethics and Campaign Reform Task Force has been assembled to develop constructive methods for removing the adverse effects of money on the political system and improving public confidence in the integrity of state government operations. There probably is no single more effective way to achieve this broad mandate than to remove the influence, access and problems due to political campaign contributions by having New Mexico join the leading vanguard of states and municipalities that provide public financing of elections. Not only would public financing help remove the real influence of money on the political process, it would …


Should The State Treasurer And The State Auditor Be Appointed?, Governor's Task Force On Ethics Reform Jun 2006

Should The State Treasurer And The State Auditor Be Appointed?, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

The impetus for this issue arises from the difficulty of disciplining or removing an official from elective office in the case of misconduct. Currently, the only provision for enforcement is impeachment. Impeachment is an expensive and burdensome procedure, especially for legislators who must devote great amounts of extra time. Also, voters are wary of any process which overturns their will as expressed at the polls. The practical effect of this situation is to remove accountability from these offices. The checks and balances that are central to successful governance are absent. Below is a discussion of whether making State Treasurer and …


On Miranda And Misinterpretation: A Look At The Rights Of Native American Defendants, S. Meredith Morris Jun 2006

On Miranda And Misinterpretation: A Look At The Rights Of Native American Defendants, S. Meredith Morris

Student Thesis Honors (1996-2008)

In this paper, I posit that the Miranda ruling from the infamous case Miranda v. Arizona, when poorly applied, results in profound and blatant Eracism. I will begin Part I by stepping back in history to look at the evolution of Miranda and the cases that followed. Next, I take a look at the 2000 Census data and address the relatively current minority population percentages. Then, in Part II, I dissect Miranda, revealing what "custody" and "interrogation", the "right to an attorney" and "valid waiver" mean according to the Supreme Court. In Part III of this paper, I take a …


Tolerated Terror: Mexico's Failure To Punish Gender-Based Violence In Ciudad Juarez And Potential Avenues For Relief Under U.S. Asylum Law, Timothy Atler Jun 2006

Tolerated Terror: Mexico's Failure To Punish Gender-Based Violence In Ciudad Juarez And Potential Avenues For Relief Under U.S. Asylum Law, Timothy Atler

Student Thesis Honors (1996-2008)

This paper examines the phenomenon of gender-related violence in Ciudad Juarez, Mexico and surveys what legal mechanisms exist to protect the human rights of the women who are being targeted there. The first section of the paper presents background information regarding the violence in Ciudad Juarez. This section first explores the historical and economic developments in Mexico that led to the migration of thousands of young, rural women to Ciudad Juarez. I then discuss the nature of the violence against these women in Ciudad Juarez as it has been reported by human rights agencies, journalists and scholars. Finally, I survey …


Approved Minutes Of The Second Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform May 2006

Approved Minutes Of The Second Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the May 30, 2006 meeting of the Governor's Task Force on Ethics Reform.


Agenda--May 30, 2006, Governor's Task Force On Ethics Reform May 2006

Agenda--May 30, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the May 30, 2006 meeting of the Governor's Task Force on Ethics Reform.


Testimony On The Regulation Of Indian Gaming, Oversight Hearing On The [Nigc] Minimum Internal Control Standards, Before The United States House Of Representatives, Committee On Resources, 109th Congress, 2nd Session, Kevin Washburn May 2006

Testimony On The Regulation Of Indian Gaming, Oversight Hearing On The [Nigc] Minimum Internal Control Standards, Before The United States House Of Representatives, Committee On Resources, 109th Congress, 2nd Session, Kevin Washburn

Faculty Scholarship

State governments have an inherent conflict of interest in the regulation of Indian gaming. Strict regulation of Indian gaming can be good for the long term health of the industry, but may impact short term revenues. States have a strong short term interest in maximizing gaming revenue. Tribal governments should bear the primary responsibility for regulating Indian gaming. However, tribal regulators also have a weakness, namely, a myopia to the interests of other tribes and the national interests of the Indian gaming industry. Federal regulators can best protect the integrity of the industry nationally and ought to have a strong …


Approved Minutes Of The First Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform May 2006

Approved Minutes Of The First Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the May 3, 2006 meeting of the Governor's Task Force on Ethics Reform.


Active Water Resource Management: Tools For Better Water Management, John D'Antonio May 2006

Active Water Resource Management: Tools For Better Water Management, John D'Antonio

Publications

No abstract provided.


Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary May 2006

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.


Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack May 2006

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.


Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle May 2006

Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle

Faculty Scholarship

The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of preparing the draft. …


Killing With Kindness: The Myth Of "Consumer Protection" In The Bankruptcy Abuse And Consumer Protection Act Of 2005, Margaret Romero Apr 2006

Killing With Kindness: The Myth Of "Consumer Protection" In The Bankruptcy Abuse And Consumer Protection Act Of 2005, Margaret Romero

Student Thesis Honors (1996-2008)

The United States Congress considered bankruptcy reform for eight years before George W. Bush signed the Bankruptcy Abuse and Consumer Protection Act of 2005 ("BACPA") into law on April 20, 2005. Congressional proponents alleged that rampant and abusive practices required substantial reform measures to combat a staggering economic crisis that burdened every honest citizen. Bankruptcy reform offered the promise of "greater stability and fairness" in the American financial system. BACPA supporters promised that the massive reform measures were designed to curb abusive practices while protecting innocent consumers. However, despite apparently decent and compassionate intentions, some consumer protection measures may have …


Dspace: One Schools' Use Of An Open Source Institutional Repository, Michelle Rigual Apr 2006

Dspace: One Schools' Use Of An Open Source Institutional Repository, Michelle Rigual

Faculty Scholarship

A variety of resources, both proprietary and open source, have evolved in recent years to enable the collection, preservation, indexing and distribution of digital work, as well as to provide communities for peer review of works in progress. These emerging technologies make it more feasible to advocate for open access to scholarly communication. This presentation discusses the movement toward open access to scholarly information, as colleges and universities struggle to gain more control over and retain more rights to their scholarly output, and the consequences of not doing so. The speaker will also describe the various options currently available for …


New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria Apr 2006

New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria

Natural Resources Journal

No abstract provided.


The Impact On New Mexico’S Budget Of Allowing Same-Sex Couples To Marry, Steven K. Homer, M.V. Lee Badgett, R. Bradley Sears, Patrice Curtis, Elizabeth Kukura Mar 2006

The Impact On New Mexico’S Budget Of Allowing Same-Sex Couples To Marry, Steven K. Homer, M.V. Lee Badgett, R. Bradley Sears, Patrice Curtis, Elizabeth Kukura

Faculty Scholarship

This analysis by UCLA’s Williams Institute on Sexual Orientation Law and Public Policy, estimates the impact of allowing same-sex couples to marry on New Mexico’s state budget. Using the best data available, allowing same-sex couples to marry will result in a net gain of approximately $1.5 million to $2 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.


The Immortal Hattie Mcdaniel, Sherri L. Burr Feb 2006

The Immortal Hattie Mcdaniel, Sherri L. Burr

Faculty Scholarship

This speech focuses on McDaniel's career in a time of limited screen roles for African-Americans and her humanitarian endeavors. It was given at the U.S. Post Office unveiling of the 2006 Black Heritage postage stamp honoring McDaniel, the first African-American to win an Academy Award acting award. McDaniel won for portraying Mammy in the 1939 film "Gone with the Wind."


Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress Jan 2006

Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]


Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort Jan 2006

Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort

Faculty Scholarship

The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.


Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya Jan 2006

Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya

Faculty Scholarship

No abstract provided.


The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding Jan 2006

The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding

Faculty Scholarship

This article explores how speculative bubbles undermine the effectiveness of securities regulations and spawn epidemics of securities fraud. A brief historical survey demonstrates that stock market bubbles almost invariably coincide with epidemics of securities fraud, and provides a compelling argument that the outbreak of fraud in the Enron era did not stem merely from factors unique to the 1990s, but from the dynamics of an asset price bubble as well. Drawing on perspectives from securities law practice and economic theory, the article argues that bubbles dilute the deterrent effect of antifraud rules and promote deregulation. Both effects alter the calculus …


Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson Jan 2006

Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson

Faculty Scholarship

This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous …