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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.
What The Police Don’T Know May Hurt Us: An Argument For Enhanced Legal Training Of Police Officers, Yuri R. Linetsky
What The Police Don’T Know May Hurt Us: An Argument For Enhanced Legal Training Of Police Officers, Yuri R. Linetsky
New Mexico Law Review
Using original empirical research, this Article identifies deficient legal training in police academies as a latent cause of improper arrests or detentions. This often results in unnecessary conflict between police officers and citizens, leading to endemic distrust of officers in the communities they serve. With enhanced legal training, police officers can avoid these negative interactions. Although police officers need not be lawyers, they must have more than a cursory understanding of the law. Their primary responsibility is to enforce state and local laws, which often requires officers to interpret statutory language in light of constitutional limitations. Current police academy curricula …
Introduction, New Mexico Law Review
The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles
The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles
New Mexico Law Review
Cultural proficiency is defined by Dr. Kikanza Nuri Robins and her colleagues as, “the policies and practices of an organization or the values and behaviors of an individual that enable that agency or person to interact effectively in a diverse environment.” Prior scholarship argued that the adoption of the cultural proficiency paradigm by legal educators could help catalyze a cultural shift in legal education from an environment that often marginalizes diverse law students to a more inclusive one. This Article and prior work argue that engaging in culturally proficient legal instruction offers three implications for legal education. First, the paradigm …
To Shield And Protect: The Competence To Stand Trial Doctrine In New Mexico, Lea A. Zukowski
To Shield And Protect: The Competence To Stand Trial Doctrine In New Mexico, Lea A. Zukowski
New Mexico Law Review
Although the competency requirement is rooted in notions of fairness and due process, a defendant who raises competency in New Mexico often faces a cruel irony: an extended deprivation of liberty without the benefit of trial. The current procedure for determining competency is confusing and complex, which contributes to delays in making competency determinations and ultimately to delays in resolving criminal matters. The Ad Hoc Committee on Rules for Mental Health Proceedings is working on revisions to the rules for competency. Proposed revisions were published in 2016. This article traces the development of the competency doctrine, analyzes the current procedure, …
Emerging From The Smoke: Does An Employer Have A Duty To Accommodate An Employee’S Medical Marijuana Use After Garcia V. Tractor Supply Company?, LucíA Moran
New Mexico Law Review
Many states have chosen to legalize medical marijuana despite the fact that marijuana remains classified as an illegal substance federally. Of the states that have legalized medical marijuana, about half have extended “anti-discrimination” protections to workers who are prescribed medical marijuana and who use it outside of the workplace. In New Mexico, such protections do not yet exist. Thus, there is no clear answer about whether an employer has a duty to accommodate a worker’s medical marijuana use under the Lynn and Erin Compassionate Use Act and the New Mexico Human Rights Act. This article argues that after analyzing the …
What’S Fair For Conscientious Objectors Subject To Public Accommodations Laws, Mark A. Strasser
What’S Fair For Conscientious Objectors Subject To Public Accommodations Laws, Mark A. Strasser
New Mexico Law Review
Those celebrating a same-sex union may wish to engage the services of a baker, a photographer, or a florist. Some vendors have refused to provide wedding services for such couples, claiming a First Amendment right not to endorse marriage equality. While the right not to speak has been recognized, it is much less robust than is commonly thought and, as currently understood, would clearly not apply to the vendors in these kinds of cases. This article discusses the jurisprudence, demonstrating why these kinds of cases are not covered by the right and explaining why the recognition of such a right …
One Drunk Driver, Shame On You, Two Drunk Drivers, Shame On Who: Reconciling The Unlawful Acts Doctrine With Comparative Negligence, Alison K. Goodwin
One Drunk Driver, Shame On You, Two Drunk Drivers, Shame On Who: Reconciling The Unlawful Acts Doctrine With Comparative Negligence, Alison K. Goodwin
New Mexico Law Review
Two people are drinking and driving. One runs a red light and injures the other. How should fault be apportioned? In 1950, the New Mexico Supreme Court adopted the unlawful acts doctrine – a doctrine that bars a plaintiff from recovering if the plaintiff was committing a “wrong” at the time of the injury. Later, New Mexico adopted comparative fault – a doctrine that apportions fault between defendant and plaintiff and assigns damages accordingly. Recently, the unlawful acts doctrine has seen a resurgence as a defense to tort claims in New Mexico. However, this Comment argues that by New Mexico’s …
Entering A Building Without Going Inside: The Implications Of State V. Holt For Breaking And Entering Cases In New Mexico, Keri Rezac Thiel
Entering A Building Without Going Inside: The Implications Of State V. Holt For Breaking And Entering Cases In New Mexico, Keri Rezac Thiel
New Mexico Law Review
In 2016, the New Mexico Supreme Court ruled in State v. Holt that any breach of an external boundary into an enclosed space is sufficient to constitute “entry” into a structure for the purposes of breaking and entering. In doing so, New Mexico became one of only five states in the country in which a person can enter a building without going inside. This note examines the historical context of breaking and entering’s evolution in New Mexico, and analyzes the impact of State v. Holt in light of existing precedent. Finally, it surveys how other states have defined “entry,” in …