Digital Commons Network^™

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual

Faculty Scholarship

This presentation is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.

Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two or more collections overlap or differently specialize, subdivided by subject areas, languages of publication, …

Oclc: Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

Looking and benefits and best practices of WorldCat Collection Analysis in a subject-specific consortium.

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two …

Public Safety And Criminal Justice, Kevin Washburn

Faculty Scholarship

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law

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 …

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. …

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 …

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

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."

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

Faculty Scholarship

No abstract provided.

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

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 …

Resourceful And Tough: The Fifth Circuit Libraries Pull Together To Weather Hurricanes, Jennifer Laws

Faculty Scholarship

Co-authored with Amy Hale-Janeke

The Ethical Health Lawyer: When Doing The Right Thing Means Breaking The Law - What Is The Role Of The Health Lawyer?, Robert L. Schwartz

Faculty Scholarship

No abstract provided.

Latcrit At Ten Years, Margaret E. Montoya

Faculty Scholarship

No abstract provided.

Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore

Faculty Scholarship

This article sets forth both principled and pragmatic arguments for the fair and humane treatment of all individuals detained in the war on terror derived from both U.S. and international law. Section II explores the human dimension of the "war on terror." Section IIA critiques the use of the metaphor of war to characterize counter-terrorism policy. Section IIB examines the experiences of several individuals apprehended by the United States on suspicion of involvement in terrorism, including the response of U.S. courts to their detention without charge as "unlawful combatants." Section III offers possible explanations for the phenomenon by which the …

Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport

Faculty Scholarship

This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …

Prosecutorial Discretion In The Post-Booker World, Norman C. Bay

Faculty Scholarship

This article takes a measured position. On the one hand, Booker has diminshed prosecutorial discretion somewhat. That point, perhaps, is obvious. In theory, the Guidelines are no longer mandatory, and prosecutors have less power to control sentencing. On the other hand, reports of the demise of the prosecutorial discretion have been greatly exaggerated. Post-Booker, prosecutorial discretion remains vast and, indeed, for a number of reasons is still likely to be greater than it was in the pre-Guidelines era. Much has happened since November 1, 1987, including the passage of mandatory minimum laws and the acculturation of federal judges to the …

When The State Bar Exam Embraces Indian Law: Teaching Experiences And Observations, Gloria Valencia-Weber, Sherri Nicole Thomas

Faculty Scholarship

In 2002, New Mexico became the first state to place Indian law on the state bar exam. This decision made basic knowledge of Indian law part of the competency expected of all licensed attorneys. This result arose from the University of New Mexico School of Law's (UNM) significant role as the only law school in the state. In combination with the social and political history of the state these elements produced this historic result. This paper outlines the history of Indian law at UNM and discusses the formal process that placed Indian law on the state's bar exam. The discussion …

Toward A Pedagogy And Ethic Of Law/Lawyering For Indigenous Peoples, Christine Zuni Cruz

Faculty Scholarship

This article is prefaced with a reflection on Indigenous Peoples in the legal profession which leads into a discussion on the pedagogy and preparation of Indigneous students in law. It addresses the current pedagogy employed in training indigenous students in law and proposes a reframing of this preparation by including and employing an indigenous perspective and intellectual tradition of leadership. It considers the relationship of the Indian law academician with indigenous justice systems. The article addresses the influence on pedagogy that emerges from the Indigenous legal tradition, and the importance of incorporating these influences into the education and preparation of …

Denial, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

The Immorality And Inefficiency Of An Efficient Breach, Dawinder S. Sidhu

Faculty Scholarship

This Article attempts to analyze a concept in contract law known as the doctrine of efficient breach, which “compels [or at least encourages or invites] a party to a contract to breach if they can compensate the other party and remain better off than if they had fully performed the contract.”2 This doctrine appears to encourage immoral conduct, namely the breach of a contract. However, in the name of economic efficiency, wealth maximization, and social wealth, several prominent legal scholars, including Judge Richard A. Posner, the “leader of the school of Law and Economics movement,”3 have argued that an efficient …

Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson

Faculty Scholarship

Colorado and Wyoming have much in common in regard to water supply and water use, and both states have followed the western states' traditional approach in their instream flow laws. This traditional approach, however, has serious practical shortcomings in restoring and protecting instream flows. This Article asks whether Colorado and Wyoming have made “adequate progress” since 2000 in addressing these shortcomings in their instream flow laws. For one of these states, the answer is clear Wyoming has made no progress on its instream flow laws in recent years. Colorado, by contrast, has clearly made progress in strengthening its laws-especially as …

A Few Ironies Of Western Water Law, Reed D. Benson

Faculty Scholarship

We have a truly outstanding panel of speakers this morning to discuss issues and history relating to water resources in the American West. Water, of course, has always been scarce out here. Some nineteenth century maps of the United States had the words "Great American Desert" written broadly across the West, and that characterization reflected how many people viewed the West in that era. The story goes that President Grant sent a cabinet member to the West with orders to report back on "what it is they need out there." The secretary dutifully wrote back saying, "All this place needs …

American Indians, Crime, And The Law, Kevin Washburn

Faculty Scholarship

This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …

Federal Criminal Law And Tribal Self-Determination, Kevin Washburn

Faculty Scholarship

Under the rubric of "tribal self-determination," federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians on reservations by placing functions with tribal service providers who are more knowledgeable and more accountable than their federal counterparts. Despite broad adoption of self-determination as the dominant federal policy, felony criminal justice on Indian reservations has remained an exclusive federal function, and a highly ineffective enterprise, according …

Tribal Self-Determination At The Crossroads, Kevin Washburn

Faculty Scholarship

The tribal self-determination initiative that began transforming federal Indian policy thirty years ago has reached a crossroads. Despite its transformative effects on tribal governments and the widespread belief that self-determination has been a successful federal approach to Indian affairs, no significant new self-determination program has been initiated at the congressional level in several years. This Article looks to the tribal self-determination initiative's past to gain insights about its future. It also briefly surveys existing tribal self-determination programs and concludes that far more work needs to be done to achieve tribal self-determination. Drawing on the author's broader work, it finds one …

Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick

Faculty Scholarship

This article will focus on three main challenges in creating a tribal court practice clinic. The first part will address creating a tribal court focus within an existing clinic curriculum. The second part will address the process of designing a curriculum for the TCPC that includes incorporating the basic doctrinal foundations of federal Indian law, as well as the clinical skills necessary to practice in a tribal court setting. The third part will offer some concluding thoughts on my long-term plans and dreams for TCPC.