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Articles 1 - 30 of 60
Full-Text Articles in Law
2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al
2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al
Native American Water Rights Settlement Project
Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …
Back To The Future: Regional Differences In New Mexico Water Rights, G. Emlen Hall
Back To The Future: Regional Differences In New Mexico Water Rights, G. Emlen Hall
Faculty Scholarship
You could say that I am here this morning as an advance man of tomorrows detailed talks on the active water rights management regulations that were recently adopted by the Office of the State Engineer, because I am going to talk about those a little bit in a historical context. You could also say that I am here to warm you up to that topic, so that you are ready for tomorrow's detailed controversial discussion of those. My job as the warmer up may be simply to inform you about the acronym that people are using in my world to …
Albuquerque Journal Interviews Moore About War On Terror Meeting, Jennifer Moore
Albuquerque Journal Interviews Moore About War On Terror Meeting, Jennifer Moore
Faculty Scholarship
"There are just so many issues," she said, from allegations of widespread mistreatment at places like Bagram Air Force Base and Guantanamo to concerns for due process of those accused of criminal activities. Where the first panel will take a "big picture" approach, the second will review more specific applications of law.
Testimony On The Regulation Of Indian Gaming, Oversight Hearing On Indian Gaming, Before The United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn
Faculty Scholarship
Federal and tribal regulation is likely to be more successful than state regulation of Indian gaming because tribal governments and the federal government have a greater interest in the long term success of Indian gaming. Uniform federal minimum internal control standards can protect the integrity of the Indian gaming industry nationwide. While federal regulators should exercise a powerful role, they must be respectful of tribal governments.
Dspace, Institutional Repositories And The Open Access Movement: Why Should You Care?, Carol A. Parker
Dspace, Institutional Repositories And The Open Access Movement: Why Should You Care?, Carol A. Parker
Faculty Scholarship
The amount of digital scholarly output grows daily, yet only a small fraction of legal scholarly communication is published in traditional venues such as law reviews and journals. Some of this digital scholarly communication makes it to the Web and becomes a resource often referred to as "gray literature," but this can be a haphazard process at best. The UNM School of Law Library employs DSpace, an open source digital institutional repository, to enable the Law faculty to collect, preserve, index, and distribute their digital work, as well as to provide a community for peer review of works in progress. …
The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna
The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna
Faculty Scholarship
This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …
Civil Practice Manual, April Land, Jose Martinez
Civil Practice Manual, April Land, Jose Martinez
Faculty Teaching Resources
Course material on law practice, family law, discovery negotiation, and client interviewing.
Field Marshall Douglas Haig: A Negative Leadership Lesson In Military History, Joshua E. Kastenberg
Field Marshall Douglas Haig: A Negative Leadership Lesson In Military History, Joshua E. Kastenberg
Faculty Scholarship
A very brief analysis of the “bloody mindlessness” leadership trait of Field Marshall Douglas Haig.
Asylum Claims Based On Persecution On Account Of Religion: Women Persecuted Under Shari'ah Law, Nicole Moss
Asylum Claims Based On Persecution On Account Of Religion: Women Persecuted Under Shari'ah Law, Nicole Moss
Student Thesis Honors (1996-2008)
Asylum has been denied to Muslim women fleeing persecution under shari\'ah law in some countries because they failed to link the persecution to one of the enumerated grounds: race, religion, nationality, membership in a particular social group, or political opinion. These women often face extreme persecution including strict proscriptions on dress, behavior, work and educational opportunities and ability to marry and divorce. Trying to fit into the rigid refugee definition, many female asylum seekers have sought to fit their claim within the "membership in a social group" or "political opinion" category. This has been met with limited success. Muslim women …
Thus Far And No Further: The New Mexico Supreme Court's Failure To Expand The Rights Of The Criminally Accused Beyond Search And Seizure Under The State Constitution, Ryan Villa
Student Thesis Honors (1996-2008)
The New Mexico Supreme Court has at once been both proactive and conservative in expanding the rights of the accused under the State Constitution. In the field of search and seizure, the Court has been extremely active in heeding Justice Brennan's call to the states to expand liberties under state constitutions. Interestingly, at the same time, the court has failed to expand other rights of the accused with few exceptions. This paper seeks to explore some of the reasons why this dichotomy has occurred and offers a few strategies to argue for expansion in three other areas. These include the …
Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon
Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon
Student Thesis Honors (1996-2008)
Striving to preserve the institution of marriage for heterosexual couples, Congress passed the Defense of Marriage Act (DOMA) in 1996. DOMA was billed as promoting state autonomy by letting the states decide whether same-sex couples might legally wed, and whether or not to validate one another's decisions regarding same-sex marriage. Not convinced that the states could correctly decide so vital an issue, Congress launched the Federal Marriage Amendment in May 2003, defining marriage as restricted to a legal union between one man and one woman across the nation. However, fearing the light of scrutiny by what they call the activist …
Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce
Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce
Student Thesis Honors (1996-2008)
Congress signed the Individuals with Disabilities Education Act ("IDEA") into law with the express intent that individuals with disabilities receive a free and appropriate public education that is designed to meet their individual needs. In circumstances where parents believe the limited scope of remedies construed to be available under the IDEA is inadequate: the use of 42 U.S.C. 1983 ("Section 1983"); among other laws: has garnered special appeal. The courts, however, have split on the issue of whether 42 U.S.C. Section 1983 is available to plaintiffs seeking to allege a statutory violation of the IDEA. This Note will explore whether …
Weighing And Balancing Social And Economic Considerations Of Siting Landfills To Address Environmental Justice Concerns, Sharon Shaheen
Weighing And Balancing Social And Economic Considerations Of Siting Landfills To Address Environmental Justice Concerns, Sharon Shaheen
Student Thesis Honors (1996-2008)
Environmental justice in permitting new landfills is best addressed as one element of many weighed in an agency discretionary decision-making process. Siting landfills necessarily includes consideration of technical, social, economic and political issues. Currently, the landfill permitting process in New Mexico examines only technical, scientific, and geological factors. In effect, a permit must be granted if all of the technical specifications and notice requirements are met. To adequately address all of the impacts on a community when a landfill is sited nearby, an agency should have both the discretion to weigh and balance all relevant factors and the authority to …
The Disenfranchisement Of The American Indian, Brenna Clani
The Disenfranchisement Of The American Indian, Brenna Clani
Student Thesis Honors (1996-2008)
The history of the enfranchisement of the American Indian is complicated and complex. This paper will sort through this complicated and complex history. The paper will first analyze the unique status of Indians and how it excluded them from the meaning of "citizen," as interpreted by the United State Supreme Court. It is against this backdrop that the way in which states denied American Indians the right to vote after the Indian Citizenship Act of 1924 will then be analyzed.
Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre
Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre
Student Thesis Honors (1996-2008)
Copyright law governing digital music sampling is faced with two competing interests: (1) owners of recording and composition copyrights need to be reasonably compensated when their creative works are re-used by sampling artists, but (2) sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system is needed that balances these interests and that reduces the degree of uncertainty that arises whenever a sample gets used that infringes a copyright. This Essay will discuss the current state of the law as it relates to digital sampling and will proceed to …
A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt
A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt
Student Thesis Honors (1996-2008)
Although some form or another of human trafficking occurs in practically every corner of the world, for the purposes of this paper, I will focus on the ramifications of HIV/AIDS infection in victims of trafficking in the United States. As the HIV/AIDS crisis continues to grow, victims of trafficking face increasingly difficult obstacles to gaining legal status and healthcare in this country. The first portion of this paper will describe the history of trafficking and prostitution and the HIV/AIDS epidemic. The second portion will discuss current legislative action regarding trafficking. The third portion will analyze many of the complex issues …
State Ex Rel. Martinez V. City Of Las Vegas: The Misuse Of History And Precedent In Overruling The Pueblo Water Rights Doctrine In New Mexico, Martha Mulvany
State Ex Rel. Martinez V. City Of Las Vegas: The Misuse Of History And Precedent In Overruling The Pueblo Water Rights Doctrine In New Mexico, Martha Mulvany
Student Thesis Honors (1996-2008)
In State ex rel. Martinez v. City of Las Vegas, the Supreme Court of New Mexico struck the pueblo water rights doctrine from New Mexico law. State ex rel. Martinezs discussion of the pueblo water rights doctrine is primarily notable for its unprincipled use of history and the inconsistent application of the doctrine of stare decisis. This paper looks at the internal workings of the court's opinion rather than to the consequences it will have in the external world. There are several obvious lines of analysis that this paper might follow, but which it does not: This is not a …
Should State Courts Be Required To Follow The Decisions Of Lower Federal Courts When Interpreting Questions Of Federal Law?, Quinn Bumgarner-Kirby
Should State Courts Be Required To Follow The Decisions Of Lower Federal Courts When Interpreting Questions Of Federal Law?, Quinn Bumgarner-Kirby
Student Thesis Honors (1996-2008)
At first glance, the rule that state courts are not bound by decisions of the lower federal courts in interpreting questions of federal law seems uncontroversial. Yet the roots of that rule are far from clear. The United States Supreme Court has not definitively stated the rule. While the majority of courts seem to adhere to the rule, a few courts have held that state courts are bound by decisions of the lower federal courts under certain circumstances. Should state courts be bound by lower federal court decisional law? If not, should they nonetheless follow precedent from the circuit in …
Children As Research Subjects: The Overbroad Regulations In 45 C.F.R. \Xa7 46, Subpart D, In Conjunction With Legislative Economic Incentives Allow For Exploitation Of This Vulnerable Subject Population, Jacqueline Berg
Student Thesis Honors (1996-2008)
After describing and examining the disparity in research conducted on adults with that on children and why it exists, this paper will discuss the recent legislative response, will highlight a number of the ambiguities and the questionable ethics of the unsatisfying regulations governing children as research subjects, and will recommend improvements in striking the delicate balance needed to protect children from research abuse and improve their health through useful, careful research.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Student Thesis Honors (1996-2008)
Professor Gregory Allen in Ninth Amendment and State Constitutional Rights suggested a hypothetical conflict that could arise between state and federal courts when a state constitution provides for greater protection against governmental abuse of power than the federal constitution. One possible safeguard of autonomy for those states choosing to grant their citizens greater state law protections than the federal government is the Ninth Amendment. The Ninth Amendment protects unenumerated rights' that are retained by the people of the states. In theory, applying the Ninth Amendment would essentially federalize state law protections contained in state constitutions and guard that state from …
Pathways Toward Reconciliation: A Comparative Analysis, Darcie Johnson
Pathways Toward Reconciliation: A Comparative Analysis, Darcie Johnson
Student Thesis Honors (1996-2008)
Human rights violations have commanded markedly different responses from international organizations, nations and affected communities. Although divergent in structure, jurisdiction and procedure, each systemic response shares a common goal − national reconciliation and social reconstruction. This paper primarily focuses on a more traditional system, the International Criminal Tribunal of Rwanda (ICTR), in an effort to compare and distinguish its reconciliatory impact with alternative systems employed by the Rwandese government, its localities and South Africa post apartheid. In order to assess the likely impact of alternative systems on a nation of genocide survivors, one must first understand the historical precursors − …
Testimony On The Regulation Of Indian Gaming, United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn
Testimony On The Regulation Of Indian Gaming, United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn
Faculty Scholarship
Congress must shore up NIGC regulatory authority over Class III gaming, guard against regulatory capture in tribal regulatory commissions, and reconsider the legitimacy of federal oversight of tribal economic decision-making. Congress should give the NIGC greater authority over licensure of those involved in Indian gaming and circumscribe the federal role over tribal economic decisions.
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Publications
No abstract provided.
Delawate River Basin Compact, Jeffrey Featherstone
Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen
Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen
Faculty Scholarship
This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …
Front Matter, United States-Mexico Law Journal
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Masthead, United States-Mexico Law Journal
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Review Of Current Issues Affecting Economic Development In Mexico, Miguel Jauregui Rojas
Review Of Current Issues Affecting Economic Development In Mexico, Miguel Jauregui Rojas
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Immigration Reform Post-9/11, Judith Golub
Immigration Reform Post-9/11, Judith Golub
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Formation Of International Energy Transactions, Stuart Broom
The Formation Of International Energy Transactions, Stuart Broom
United States - Mexico Law Journal (1993-2005)
No abstract provided.