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Full-Text Articles in Law
Twenty Years Later, Robert J. Desiderio
A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg
A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg
Faculty Scholarship
Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …
Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, John P. Lavelle, Frank Pommersheim
Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, John P. Lavelle, Frank Pommersheim
Faculty Scholarship
This Interim Planning and Recommendation Report describes the significance and potential benefits of the Wakpa Sica Historical Society’s Reconciliation Place Project in its endeavor to facilitate the establishment of a Great Sioux Nation Supreme Court. The report emphasizes that the vision of establishing such a Court has existed among the Sioux tribes of South Dakota, North Dakota, and Nebraska for generations and that the project’s legitimacy and ultimate success depend on its ability to continue fostering the tribes’ endorsement of and participation in the Court’s development and implementation.
Selecting A Trust Situs In The 21st Century, Sergio Pareja, John A. Warnick
Selecting A Trust Situs In The 21st Century, Sergio Pareja, John A. Warnick
Faculty Scholarship
While members of Congress vigorously debate the advantages and disadvantages of keeping the current transfer tax system, states rapidly are enacting laws that entice long-term trusts to those states. Although establishing or relocating a trust to a state other than the grantor's home state is not for every family, it is a planning technique that merits consideration by families with significant assets. The chart on pages 60-63 provides general information on the laws of all fifty states. This article focuses on three specific considerations related to selecting a favorable trust situs. First, it considers the effect of recent repeals or …
Water And Population In The American West, Denise D. Fort
Water And Population In The American West, Denise D. Fort
Faculty Scholarship
The American West is justly famed for its sunshine and wide skies.1 However, there is a potent combination of low rainfall and growing population in the West that ensures that water, or the lack of it, will remain another well-known feature of the region. As the number of people sharing already stressed water supplies increases, the economic, ecological, and social costs of providing water become more evident. Agriculture consumes about 90% of the water that is extracted in the West, and the transfer from agricultural to municipal and industrial uses is invariably complex. Increased water extraction has resulted in the …
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as revising the history of the civil rights struggle, especially as it applies to the Chicano-Latino communities. This paper represents a student-faculty collaboration in that the students organized the conference at which some of this analysis was first proposed. This was the conference at which now Justice Sonia Sotomayor made her now iconic comments about being a "wise Latina." People can't get to be judges without first going to law school, and Latinas/as can't get to law school, at least in significant numbers, without affirmative …
A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart
A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart
Faculty Scholarship
Those of us who teach a course on Article 9 of the Uniform Commercial Code (Secured Transactions) dreaded the approach of July I, 2001. On that day, a revised version of Article 9 became effective in New Mexico and most other states. The old notes had to be discarded. New materials had to be prepared, or at least the old ones had to be revised. Perhaps there would be some excitement in learning what the drafters had done, but more obvious was the effort needed to learn something new. Maybe it was time to retire. We have now taught the …
Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez
Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez
Faculty Scholarship
In teaching Ethics or Professional Responsibility, I want to do more than teach students the law of the course. While it is important that students become familiar with and able to navigate the rules of professional responsibility, my clinical teaching has helped me develop additional educational objectives that I believe will affect their lives as future lawyers. I categorize my objectives in a three-credit classroom professional responsibility course as three-fold: 1) teaching the law of lawyering; 2) exploring professionalism issues;20 and 3) critically examining the profession. I will discuss a few of my experiences teaching in the clinic and how …
The Future Of Civil Rights: A Dialogue, Margaret E. Montoya
The Future Of Civil Rights: A Dialogue, Margaret E. Montoya
Faculty Scholarship
Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny
Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson
Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson
Faculty Scholarship
An extreme drought hit the Klamath River Basin of southern Oregon and northern California in 2001, and a remarkable water controversy soon followed. Hundreds of farmers, who for decades had reliably received irrigation water from the federal government's Klamath Project, were told, for the first time, that they would get none that year. Instead, the government would hold the water in Upper Klamath Lake and release it to flow down the Klamath River in an effort to ensure the survival of fish protected by the Endangered Species Act.
Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley
Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley
Faculty Scholarship
As I read and reread the Rice decision, I realized how similar it is to the trend in the recent Indian law cases decided by the Supreme Court. For example, Rice, in many respects, represents the discomfort the Justices feel for upholding "special treatment" of Native Americans under the law. The Court in Rice reversed the Ninth Circuit's decision allowing the State of Hawaii to conduct a Natives-only election of trustees to administer a trust to benefit Native Hawaiians. It found that the Fifteenth Amendment, adopted after the Civil War to prevent states from denying the elective franchise to former …
Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna
Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna
Faculty Scholarship
This paper endeavors to situate farmworker issues within a broader context of issues in environmental regulation. Environmental regulation is itself a subset of a broader universe of environmental justice concerns. In approaching the issue this way, the author highlights some of the similarities farmworker issues share with other regulatory environmental justice issues. The author highlights the dramatic differences as well. Leaving to others the task of describing the dire conditions of the farmworker, the author takes two important examples of regulatory mechanisms designed to protect farmworkers and describe some of the commonalities. The two sites of regulatory activity used are …
Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin
Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin
Faculty Scholarship
In this note, Ms. Gipson Rankin discusses kinship care as an alternative to placing children into foster care. For generations, particularly in the Black community, grandparents and other older relatives have played a crucial role in raising the children of younger relatives when they have become unable or unwilling to raise the children themselves. This system, known as kinship care, has ensured that thousands of American children are cared for and raised by members of their own families. The note explores the history and nature of the kinship care system, and analyzes federal and state policies that impact the system. …
Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin
Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin
Faculty Scholarship
Part I of this book review discusses and summarizes two prior reviews of this book. Part II discusses how the book successfully provides context and relevance to its highly technical subject matter, through the use of pop culture, helpful ordering of the materials, and realistic problem sets. Part III describes some of the many ways this book can be used to provide flexibility in the classroom, from teaching different learning styles to creating additional components to the course grade. Part IV concludes that any teacher of Secured Transactions should strongly consider trying this text.