Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Land and water planning in the middle valley (2)
- AFY (1)
- Abandonment (1)
- Acre-feet per year (1)
- Affirmitive Action (1)
-
- Agriculture (1)
- Albuquerque-Bernalillo County Water Utility Authority (1)
- American Constitutionalism (1)
- Appropriate (1)
- Aquifer (1)
- Aquiver Storage Recovery (1)
- Authorize (1)
- Band (1)
- Basin (1)
- Capita (1)
- Clean (1)
- Commercial (1)
- Community (1)
- Conflict (1)
- Conservation bureau (1)
- Contract (1)
- Damages (1)
- Decree (1)
- Development (1)
- Diamond (1)
- Disability law (1)
- District (1)
- Dorr Rebellion (1)
- EMWD (1)
- Eastern Municipal Water District (Calif) (1)
Articles 31 - 60 of 61
Full-Text Articles in Law
Historic El Vado Reservoir Operations, Viola Sanchez
Historic El Vado Reservoir Operations, Viola Sanchez
Publications
No abstract provided.
The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort
The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort
Faculty Scholarship
When water decisions are made, water lawyers are central fi gures, and decisions are made within the framework of the governing institutions. In this essay, I discuss legal education and the training of a water lawyer. Students from other disciplines may seek out legal education, so approaches to their education are considered.
Asr From A Legal Perspective, Denise D. Fort
Asr From A Legal Perspective, Denise D. Fort
Faculty Scholarship
No abstract provided.
A Few Remodeling Projects Make Major Impact: The University Of New Mexico School Of Law Librarys New Reading Room, Reference Desk, And Classroom Reflect The Library As A Vibrant Activity Hub, Carol A. Parker
Faculty Scholarship
The University of New Mexico School of Law Library in Albuquerque recently undertook several major and minor remodeling projects. These included creating the Governor Bruce King Archives and Reading Room inside the law library, remodeling our 35-year-old reference and access services desk, creating a classroom within the law library, and replacing carpeting and furniture. Thanks to these updates, the law library went from appearing a little drab and run-down to looking like the colorful, vibrant hub of activity it really is. This article is also available at: http://www.aallnet.org/products/pub_sp0805/pub_sp0805_Impact.pdf. Additional remodeling photographs are available on pp. 9-11 at: http://www.aallnet.org/products/pub_sp0805/pub_sp0805_MoreArch.pdf.
Detecting Lies Using Demeanor, Bias, And Context, Max J. Minzner
Detecting Lies Using Demeanor, Bias, And Context, Max J. Minzner
Faculty Scholarship
This article provides a brief discussion of the divide between judges and academics in their opinion of the accuracy of legal credibility decisions and the role of demeanor evidence in making those determinations. Biases about witness credibility and context play a large role in determining whether deception will be caught. The article then examines decisions about deception by juries and by law enforcement regarding cooperating witnesses and situations where the defendant or a suspect is the witness. In conclusion, this article reflects on decisions about deception within the context of social science.
Paternalism Or Protection?: Federal Review Of Tribal Economic Decisions In Indian Gaming, Kevin Washburn, Barry W. Brandon, Philip N. Hogen, Vanya S. Hogen
Paternalism Or Protection?: Federal Review Of Tribal Economic Decisions In Indian Gaming, Kevin Washburn, Barry W. Brandon, Philip N. Hogen, Vanya S. Hogen
Faculty Scholarship
In a recent Senate hearing, Senator John McCain and Professor Washburn clashed about the federal role in tribal economic decisions involving Indian gaming. Professor Washburn, who was struck by decades of incompetent federal stewardship of tribal trust funds demonstrated so painfully in the Cobell litigation, questioned the wisdom of the existing gaming regulatory structure in which federal officials at the National Indian Gaming Commission (NIGC) exercise oversight of tribal economic decisions involving tens or hundreds of millions of dollars. Senator McCain sharply disagreed. Following his investigation of lobbyist Jack Abramoff, McCain was even more certain that tribes needed federal protection …
Testimony On The Department Of The Interior's New Policy On Off-Reservation Acquisitions Of Land In Trust For Indian Gaming, Before The United States House Of Representatives Natural Resources Committee, 110th Congress, Second Session, Kevin Washburn
Faculty Scholarship
The Department of the Interior's New Guidance on Off-Reservation Acquisitions of Land in Trust for Indian Gaming assumes that the principal value of Indian gaming is reservation employment. Although this assumption is mostly incorrect - Indian gaming operations, like state lotteries, are about public revenues, not jobs - off-reservation gaming can dramatically increase the number of public service jobs on Indian reservations. Indian gaming revenues are mostly expended on tribal services to tribal members, creating numerous public service jobs in tribal government. Off-reservation Indian gaming can also provide revenues for restoration of lands on Indian reservation, making up for limited …
Misplaced Jurisdiction, Kevin Washburn
Misplaced Jurisdiction, Kevin Washburn
Faculty Scholarship
Interview discussing felonies and jurisdiction on Tribal land.
Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya
Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya
Faculty Scholarship
The performance that is the basis for this joint publication was performed at the Harriet Tubman Theatre at the National Underground Railroad Justice Center in Cincinnati, Ohio. The two of us, Christine Zuni Cruz, a Pueblo woman from the Rio Grande Pueblos of Oke Owingeh and lsleta in New Mexico, and Margaret Montoya, a mestiza/Chicana from northern New Mexico, using both our personal voices and our professional voices as legal scholars, enacted the theatrical performance, a conversation between two women of color from different communities with different identities. This performance experiments with both method and content. The method is a …
Race In Ordinary Course: Utilizing The Racial Background In Antitrust And Corporate Law Courses, Alfred Dennis Mathewson
Race In Ordinary Course: Utilizing The Racial Background In Antitrust And Corporate Law Courses, Alfred Dennis Mathewson
Faculty Scholarship
This article is about the discourses in law school classes in which non-white students are in classes with white students. While I stake a position distinct from critical race theorists, I do not analyze critical race theory or the large body of scholarship pertaining thereto in this article. I limit my discussion to my use of race in teaching traditional law school subjects, specifically antitrust and corporate law. I present this article in two parts. In Part I, I describe the challenges of using critical race theory to introduce discussions of race in traditional law school subjects. Race is interjected …
Old Blood, Bad Blood, And Youngblood: Due Process, Lost Evidence, And The Limits Of Bad Faith, Norman C. Bay
Old Blood, Bad Blood, And Youngblood: Due Process, Lost Evidence, And The Limits Of Bad Faith, Norman C. Bay
Faculty Scholarship
Under the law of lost evidence, absent a showing of bad faith, no due process violation occurs when the police lose potentially exculpatory evidence. This is so even though the evidence may be critical to the defense and even though post-conviction DNA testing has exonerated more than 200 individuals. Ironically, the case that developed that rule of law, Arizona v. Youngblood, is founded on the conviction of an innocent man. This Article critically examines Youngblood and provides a conceptual framework for examining the constitutional right of access to evidence. Supreme Court precedent reflects two different, sometimes competing, visions of procedural …
Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu
Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu
Faculty Scholarship
This Article examines segregation and affirmative action in a different context-that of gender. Title IX of the Education Amendments of 1972 ("Title IX") l° prohibits discrimination on the basis of gender in education programs or activities that receive federal financial assistance. The regulations implementing Title IX, however, explicitly permit recipients of federal funding to offer single-sex schools, classes, and extracurricular activities. The regulations also permit recipients to "take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.” This Article discusses whether and to what extent the affirmative action provision …
Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson
Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson
Faculty Scholarship
Whether a conclusory allegation that a cabinet-level officer or other high-ranking official knew of, condoned, or agreed to subject a plaintiff to allegedly unconstitutional acts purportedly committed by subordinate officials is sufficient to state individual-capacity claims against those officials under Bivens.
The Legacy Of Bryan V. Itasca County: How An Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion In Indian Gaming Revenue, Kevin Washburn
The Legacy Of Bryan V. Itasca County: How An Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion In Indian Gaming Revenue, Kevin Washburn
Faculty Scholarship
This Article places Bryan v. Itasca County in historical context and gives credit where credit is due. From the perspective of three decades, it describes the litigation and its ramifications, and highlights the work of the legal services attorneys who brought Indian tribes this landmark victory. Part I briefly describes the litigation through the state supreme court. Part II discusses, in much greater detail, the appeal to the U.S. Supreme Court. Part III analyzes the unanimous Supreme Court opinion reversing the state courts and describes the breathtaking scope of the opinion, as well as its implications. Part IV briefly describes …
Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya
Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya
Faculty Scholarship
Building community, that is, sustaining our connections to family and our ancestry is often hampered by going to law school. Law schools are highly adept at assimilating you into a profession and a worldview that can be at odds with who you were and how you saw the world before you began law school. Unfortunately, in order to fit in, it can seem advantageous to forget tus ralces, your roots. I began by talking about unigndo comunidades as a progressive objective and have been talking about the second part of your conference theme, learning lessons and mobilizing for change, as …
Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson
Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson
Faculty Scholarship
Nearly thirty years ago, the U.S. Supreme Court decided whether the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has expended more than $100 million.' Stunningly, the fish won, because the language, history, and structure of the Endangered Species Act showed 'beyond doubt that Congress intended endangered species to be afforded the highest of priorities.' The Court acknowledged that this view of the statute would carry substantial economic costs, but was persuaded that '[t]he plain intent of Congress …
Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
Faculty Scholarship
In this article, Professors Montoya and Valdes examine various ways of developing Latina/o legal studies in the United States. As background, they first outline and examine the three main models of knowledge-production established within legal academia during the past century or so: 1) the traditional or imperial model; 2) the safe-space or vanguard model, and; 3) the big-tent or democratic model. Using this historical template to contextualize current efforts in Latina/o legal studies both substantively and methodologically, they next review the record of LatCrit theorists over the past dozen years. With this analytical framework in place, they situate the LatCrit …
Sales Gone Wild: Will The Ftc's Business Opportunity Rule Put An End To Pyramid Marketing Schemes?, Sergio Pareja
Sales Gone Wild: Will The Ftc's Business Opportunity Rule Put An End To Pyramid Marketing Schemes?, Sergio Pareja
Faculty Scholarship
This article analyzes the anticipated effect of the FTC's Business Opportunity Rule on pyramid marketing schemes. Pyramid marketing schemes consistently rank in the top ten lists of consumer complaints received by the FTC and state consumer protection divisions, victimizing 1.5 million Americans a year. One recent class action settlement demonstrated that the victims, who are often relatively poor and uneducated, had an average loss of approximately $8,000 each. The FTC has promulgated a new Business Opportunity Rule in an effort to end these abuses. Promotors of business opportunities will be required to comply with the new rule beginning on July …
Leading Change In Legal Education - Educating Lawyers And Best Practices: Good News For Diversity, Antoinette M. Sedillo Lopez
Leading Change In Legal Education - Educating Lawyers And Best Practices: Good News For Diversity, Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
Culturally Effective Legal Interviewing And Counseling For The Mexican Immigrant - A Case Study, Antoinette M. Sedillo Lopez
Culturally Effective Legal Interviewing And Counseling For The Mexican Immigrant - A Case Study, Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
By Education Or Commerce: The Legal Basis For The Federal Regulation Of The Economic Structure Of Intercollegiate Athletics, Alfred Dennis Mathewson
By Education Or Commerce: The Legal Basis For The Federal Regulation Of The Economic Structure Of Intercollegiate Athletics, Alfred Dennis Mathewson
Faculty Scholarship
This article argues that the commercial characterization of intercollegiate athletics is not required to subject the economic structure of intercollegiate athletics to federal regulation. It further contends that the regulation thereof may be based on either jurisdictional nexus, but that the educational character provides a stronger jurisdictional basis for the regulation of the economic structure of intercollegiate athletic competition. Part II of this article examines the argument for using the commercial character of intercollegiate athletics as the jurisdictional basis for federal regulation of the cost and revenue structures of the intercollegiate athletics programs. Part III examines the argument for using …
Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz
Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz
Faculty Scholarship
This article documents the purposes and reasons for the development of the Tribal Law Journal, the University of New Mexico School of Laws electronic journal created to promote scholarship on tribal law and the Indigenous legal tradition. It discusses the use of the internet for the work of the journal and of the need to increase an understanding and awareness of the law of Indigenous peoples. The diversity of indigenous peoples, in and of itself, requires unique approaches to the discussion of tribal law. The article considers how the Zapatista Movement in Chiapas utilized the internet. The Zapatista's engagement of …
Making And Breaking Habits: Teaching (And Learning) Cultural Context, Self-Awareness, And Intercultural Communication Through Case Supervision In A Client-Service Legal Clinic, Antoinette M. Sedillo Lopez
Making And Breaking Habits: Teaching (And Learning) Cultural Context, Self-Awareness, And Intercultural Communication Through Case Supervision In A Client-Service Legal Clinic, Antoinette M. Sedillo Lopez
Faculty Scholarship
This Article begins by offering teaching objectives that can be used to focus supervision and education on effective representation of clients from different cultures as issues arise in the course of representation. The Article then discusses the context of student supervision and explains how case supervision sessions can be extremely effective moments during which to pursue those teaching goals. The Article next examines vignettes that grew out of cases handled by the University of New Mexico's Clinical Law Program.
Taxation Without Liquidation: Rethinking "Ability To Pay", Sergio Pareja
Taxation Without Liquidation: Rethinking "Ability To Pay", Sergio Pareja
Faculty Scholarship
This Article proposes a novel way to tax wealth transfers. Specifically, it suggests that we divide all assets transferred by gift or bequest into two classes--illiquid assets and liquid assets. The recipient should include those assets in income but be allowed two options. With respect to illiquid assets, the recipient should be able to avoid immediate income inclusion if he takes the property with an income-tax basis of zero. With respect to liquid assets, the recipient should be allowed a full income-tax deduction if he rolls the gift or bequest into a deductible IRA. The combination of these simple rules …
The Sikh Turban: Post-9/11 Challenges To This Article Of Faith, Dawinder S. Sidhu, Hena Singh Gohil
The Sikh Turban: Post-9/11 Challenges To This Article Of Faith, Dawinder S. Sidhu, Hena Singh Gohil
Faculty Scholarship
This essay examines how the turban has transformed from a sacred piece of attire for Sikhs to a target for discriminatory conduct and an object of marginalization after 9/11. Part I provides an introduction to Sikhism, which originated in 17th century South Asia, and discusses the religious significance of the Sikh turban. Part II examines incidents of discrimination in several contexts involving turbaned Sikhs in America. Part III analyzes the debate surrounding assimilation that has been taking place in the West, which implicates conspicuous articles of faith, including the Sikh turban. The essay also explores the legal remedies available to …
The Alchemy Of Exile: Strengthening A Culture Of Human Rights In The Burundian Refugee Camps In Tanzania, Jennifer Moore
The Alchemy Of Exile: Strengthening A Culture Of Human Rights In The Burundian Refugee Camps In Tanzania, Jennifer Moore
Faculty Scholarship
This Article suggests that our analysis of U.S. immigration policy should also be informed by a broader consideration of the experiences of immigrants and refugees in other parts of the world, including those who will never come to the United States. As we examine the moral, legal, and pragmatic imperatives behind the evolution of U.S. immigration policy, we should bear in mind the historical, political, economic, and cultural realities facing developing countries that host refugees from within their own regions. For some observers, such a global perspective might support calls for greater receptivity to immigrants in the United States. For …
A Sports Seminar With A Free Agent Market Exercise, Alfred Dennis Mathewson
A Sports Seminar With A Free Agent Market Exercise, Alfred Dennis Mathewson
Faculty Scholarship
I have taught a seminar in sports law for approximately twenty years. The course has always included an exercise concerning the negotiation of a professional player contract. At one time, I used the baseball salary arbitration exercise that used to be included in previous editions of Ray Yasser's casebook. The negotiation exercise otherwise always has involved the representation of professional basketball players. I use basketball primarily because it is my favorite sport. I have been tempted to try baseball or football, but over time, familiarity with the exercise has created resistance to change.
American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn
American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn
Faculty Scholarship
Opening remarks.
Restoring The Grand Jury, Kevin Washburn
Restoring The Grand Jury, Kevin Washburn
Faculty Scholarship
Though it is enshrined in the Constitution, the grand jury is one of the least respected institutions in American criminal justice today. Scholars regard the grand jury just as doctors regard the appendix: an organic part of our constitutional makeup, but not of much use. While scholars have proposed reforms, most of them seem only loosely related to the fundamental purpose of the grand jury. In an era of plea bargains, the grand jury can serve a crucial role in insuring popular legitimacy in the criminal justice system. In light of the criticism, however, the grand jury seems to be …
Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis
Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis
Faculty Scholarship
This article critiques Sex Offender Registration and Notification Act [SORNA] and places it in the context of the broader scheme of public safety and criminal jurisdiction on Indian reservations. Part I briefly explains the jurisdictional background of criminal law and regulatory authority on Indian lands. Part II discusses the particular development of federal and tribal sex offender registration and notification laws. Part III explains how SORNA engages Indian tribes and other registration jurisdictions as a prelude to discussion of the obstacles of effective implementation on Indian lands. Part IV offers some criticisms of SORNA for further fragmenting regulatory and criminal …