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Articles 1 - 30 of 30
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Demonizing Muslims Only Benefits Is, Jennifer Moore
Demonizing Muslims Only Benefits Is, Jennifer Moore
Faculty Scholarship
It is wrong to marginalize Muslims in part because such attitudes intensify the very dangers they purport to alleviate. Simply put, Islamophobia feeds ISIS-inspired terrorism.
Brief For New Mexico Trial Lawyers Association, Montaño V. Frezza As Amicus Curiae, George Bach
Brief For New Mexico Trial Lawyers Association, Montaño V. Frezza As Amicus Curiae, George Bach
Faculty Scholarship
This brief is on whether to extend sovereign immunity to out-of-state doctor in medical malpractice action.
Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy
Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy
Faculty Scholarship
The petitioners argue:
1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.
2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.
3) Supervisory Review is Further Needed Because Both …
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
Faculty Scholarship
Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …
Funding The Costs Of Disease Outbreaks Caused By Non Vaccination, Robert L. Schwartz
Funding The Costs Of Disease Outbreaks Caused By Non Vaccination, Robert L. Schwartz
Faculty Scholarship
While vaccination rates in the United States are high – generally over 90 percent – rates of exemptions have been going up, and preventable diseases coming back. 2014 is shaping to be one of the worst years for measles since 1994, with outbreaks generally starting from unvaccinated individuals and affecting primarily the unvaccinated. While pertussis is a more complex story, communities with high rates of exemptions are more vulnerable to outbreaks. Aside from their human cost and the financial cost of treatment imposed on those who become ill, outbreaks impose financial costs on an already burdened public health system, diverting …
Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn
Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn
Faculty Scholarship
Indian Country Today Media Network caught up with Kevin K. Washburn to discuss his legacy as ASIA, among other hot topics in Indian country like: reformed federal recognition rules, Cobell, Oak Flat, Land in Trust and more.
Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa
Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa
Faculty Scholarship
Professor Clifford Villas offers perspective on the Animas River spill in segment entitled, "First News: N.M. Governor, Senators Seek Answers From EPA Over Mine Spill".
Animas River Spill: 0:01-2:40 Professor Villa's quotes appear at 1:27-1:51 and 2:06-2:31; KSFR First News
Freedom From Detention For Central American Families, Jennifer Moore
Freedom From Detention For Central American Families, Jennifer Moore
Faculty Scholarship
August 19th is World Humanitarian Day, declared by the UN General Assembly in 2008, out of a growing concern for the safety and security of humanitarian workers who are increasingly killed and wounded in direct military attacks or infected by disease when helping to combat global health pandemics.
Clearing Up Questions On River Spill, Clifford J. Villa
Clearing Up Questions On River Spill, Clifford J. Villa
Faculty Scholarship
What-are the impacts of mine contamination, and who is responsible for cleaning it up?
Threshold Liberty, Dawinder S. Sidhu
Threshold Liberty, Dawinder S. Sidhu
Faculty Scholarship
To ensure that the Thirteenth Amendment has modern application in a manner consistent with these important constitutional considerations and these cases, the Amendment should no longer be interpreted to prohibit the “badges and incidents” of slavery, a non-textual category of harms that is virtually limitless in scope and is therefore virtually limitless as a source of congressional action. Instead, drawing from the Amendment’s textual prohibitions against “slavery” and “involuntary servitude,” direct or functional limitations on physical mobility should be the touchstone for the enforcement power moving forward. To justify this proposal, this Article summarizes the Supreme Court’s Thirteenth Amendment jurisprudence, …
Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak
Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak
Faculty Scholarship
The report finds that clean transportation policies could cut greenhouse gas emissions between 29 to 40 percent in the TCI region by 2030. A comprehensive implementation of state policies could result in net cost savings of up to $72.5 billion over 15 years for businesses and consumers, along with tens of thousands of new jobs and improvements in public health.
Racial Mirroring, Dawinder S. Sidhu
Racial Mirroring, Dawinder S. Sidhu
Faculty Scholarship
“Racial mirroring” refers to efforts by one group to match the primary racial composition of another group. In contrast to racial balancing, which takes place when two groups are adjusted simultaneously to achieve a desired degree of racial equilibrium between them, racial mirroring occurs when the racial makeup of one group is adjusted so as to reflect the predominant racial identity of the second group. Employers and even federal courts engage in racial mirroring. For example, in order to generate trust among customers, employers have hired or promoted individuals of the same race as the employers’ primary customer base. Further, …
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
Faculty Scholarship
Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
The Impact Of Federal Law On A Decedent’S Digital Assets, Sergio Pareja
The Impact Of Federal Law On A Decedent’S Digital Assets, Sergio Pareja
Faculty Scholarship
Recently, estate planners and scholars have begun to grapple with the problem of transferring digital assets at death. In Probate Law Meets the Digital Age, Professor Naomi Cahn adds an interesting new dimension to this relatively new issue. She focuses on the effect of the Stored Communications Act (“SCA”) on estate administration. Although the SCA does not affect a fiduciary’s ability to distribute assets once they are discovered, it affects the fiduciary’s ability to examine on-line accounts to discover those assets.
The Sikh's Public Relations Problem, Dawinder S. Sidhu
The Sikh's Public Relations Problem, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Segregating Workplaces By Religion, Dawinder S. Sidhu
Segregating Workplaces By Religion, Dawinder S. Sidhu
Faculty Scholarship
Many employers use dress codes to keep visibly religious employees out of sight. Now, the Supreme Court has a chance to end the practice.
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Faculty Scholarship
The president may create another Guantanamo -- in Afghanistan. Here's why it could backfire on him in a big way.
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja
Faculty Scholarship
Current law incentivizes the use of traditional retirement plans, but those plans may not actually produce the best long-term tax situation for the taxpayer. The stepped-up basis at death does not apply to what is known as “income in respect of a decedent” (IRD). Generally, IRD is income that cannot be assigned from one person to another for income tax purposes. This includes pre-tax income set aside in a traditional employer-sponsored retirement plan, such as a 401(k) plan, as well as contributions to a deductible individual retirement account (IRA). Thus, stock held within a traditional employer-sponsored retirement plan or a …
Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja
Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja
Faculty Scholarship
The Earned Income Tax Credit (EITC) was a key component of the welfare reform movement that began in the 1970s and expanded in the 1990s. Politicians and the public saw the EITC as a helping hand to working families -- a way to make work pay.' The EITC today is the single largest federal anti-poverty program in the United States. Although the EITC clearly is targeted at families with children, it is not optimally structured to improve child welfare. The current rules limit EITC eligibility to a taxpayer who lives with a child more than six months of the year, …
Brief For National Association Of Criminal Defense Lawyers As Amici Curiae, Fortino Alvarez V. Randy Tracy, Verónica C. Gonzales-Zamora, Barbara L. Creel
Brief For National Association Of Criminal Defense Lawyers As Amici Curiae, Fortino Alvarez V. Randy Tracy, Verónica C. Gonzales-Zamora, Barbara L. Creel
Faculty Scholarship
Amici’s brief is relevant because it squarely address the central issue of whether a tribal exhaustion rule ought to apply in habeas proceedings filed under 25 U.S.C. § 1303, and if so, what standards and exceptions apply to allow federal review of a tribal order of detention. Amici offer substantial experience in the field of federal habeas corpus, and criminal law in Indian country.
The brief is desirable because it will provide the Court the benefit of the research, legal analysis and experience amici bring to this important issue. The NACDL includes a Native American Justice Committee that is concerned …
Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu
Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Brief For The Albuquerque Peace And Justice Center, Hispano Round Table De Nuevo Mexico, Los Jardines Institute, Martin Luther King Memorial Center, New Mexico Forum As Amicus Curiae For Youth In Community, New Mexico League Of Latin American Citizens, New Mexico Old Lesbians Organized For Change, And Southwest Organizing Project In United States Of American V. The City Of Albuquerque, Alfred Dennis Mathewson
Faculty Scholarship
The United States Department of Justice released a Findings Letter in connection with its investigation of the use of force by the Albuquerque Police Department from 2009 to early 2013. It found that APD had engaged in a pattern or practice of using excessive force, both lethal and non-lethal. The parties reached an agreement on October 31, 2014 and the Complaint and Settlement Agreement were filed in the United States District Court for the District of New Mexico for approval. This amicus brief was filed on behalf of The Albuquerque Peace and Justice Center, Hispano Round Table De Nuevo Mexico, …
Beyond The Affordable Care Act's Premium Tax Credit: Ensuring Access To Safety Net Programs, Mary Leto Pareja
Beyond The Affordable Care Act's Premium Tax Credit: Ensuring Access To Safety Net Programs, Mary Leto Pareja
Faculty Scholarship
The United States took a gigantic step toward universal health care with the passage of the Affordable Care Act (ACA'). Under the ACA, nearly everyone is required to have coverage, and correspondingly, no one can be turned away. To ease the financial burden of the individual mandate, the ACA subsidizes coverage for lower-income people. The primary subsidy is a refundable tax credit called the Premium Tax Credit, first available in 2014. To claim the credit, a person must file a tax return--but not just any return. The ACA requires married individuals to file jointly. For many, this is problematic if …
Should Agencies Enforce?, Max J. Minzner
Should Agencies Enforce?, Max J. Minzner
Faculty Scholarship
This Article explores an important but understudied structural choice: the decision to vest enforcement authority in administrative agencies. Each year, agencies routinely bring enforcement actions producing billions of dollars in civil penalties and industry-reshaping consent decrees. Where do they get this power? Congress grants enforcement authority to administrative agencies because it believes that agency subject matter expertise will generate appropriate enforcement choices. Similarly, the Supreme Court has strongly deferred to agency enforcement because it sees it as intimately intertwined with other agency regulatory decisions. Scholars have also generally taken for granted that specialist agencies will be enforcement experts because they …
Spatial Terrorism, Dawinder S. Sidhu
Spatial Terrorism, Dawinder S. Sidhu
Faculty Scholarship
Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …
Moneyball Sentencing, Dawinder S. Sidhu
Moneyball Sentencing, Dawinder S. Sidhu
Faculty Scholarship
Sentencing is a backward- and forward-looking enterprise. That is, sen-tencing is informed by an individual’s past conduct as well as by the criminal jus-tice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the rates of recidivism for people possessing the same group characteristics (e.g., race, sex, socio-economic status, education). The sentencing community is drawn to this statisti-cal technique because it purportedly distinguishes with greater accuracy the high-risk from the low-risk, and thereby allows for a more efficient allocation of …
Protecting River Flows For Fun And Profit: Colorado's Unique Water Rights For Whitewater Parks, Reed D. Benson
Protecting River Flows For Fun And Profit: Colorado's Unique Water Rights For Whitewater Parks, Reed D. Benson
Faculty Scholarship
Since 2001, Colorado has recognized a special type of water right for whitewater parks, which are constructed within a river channel to provide play features for kayakers and other boaters. These water rights, called "recreational in-channel diversions, " are unique to Colorado, even though whitewater parks exist in several western states. This Article addresses some of the underlying reasons that recreational in-channel diversions were established in Colorado, and traces the controversy surrounding their recognition by that state's courts and legislature. Over the last decade, however, the controversy has largely died away, and whitewater park rights have now become an accepted …
Giving Credit Where Credit Is Due: What We Can Learn From The Banking And Credit Habits Of Undocumented Immigrants, Nathalie Martin
Giving Credit Where Credit Is Due: What We Can Learn From The Banking And Credit Habits Of Undocumented Immigrants, Nathalie Martin
Faculty Scholarship
Undocumented immigrants currently make up more than 5% of the U.S. labor force and 7% of school-age children. Numbering over eleven million, undocumented immigrants unquestionably comprise a significant segment of the population, yet most lack financial security and stability on multiple fronts. In addition to the everyday risk of deportation, many risk being taken advantage of on the basis of their immigration status, in both employment and debtor–creditor relationships. While some of these financial conditions are well chronicled, this Article describes the first empirical study of the debtor–creditor relationships of undocumented immigrants. Through live interviews of undocumented immigrants in New …
A Sentencing Commission For The Administrative State?, Max J. Minzner
A Sentencing Commission For The Administrative State?, Max J. Minzner
Faculty Scholarship
Since the 1980s, oversight of punishment in the federal criminal system has been centralized. A single body, the Sentencing Commission, regulates criminal punishment through the Sentencing Guidelines. The Guidelines are designed to bring consistency and transparency to criminal punishment, but come with the inevitable cost of a loss of case-by-case judicial discretion. In contrast, punishment in the federal administrative state is almost completely decentralized. No single body oversees agency punishment practices. The administrative model makes the opposite choice of the criminal model. It favors individualized punishment determinations over the benefits of consistency and transparency. In this Essay, I consider the …