Law Commons^™

Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer

Publications

No abstract provided.

An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon

Publications

No abstract provided.

Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan

Publications

No abstract provided.

Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth

Publications

No abstract provided.

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

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

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

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

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

Faculty Scholarship

Interview discussing felonies and jurisdiction on Tribal land.

Poetry, Law, & Poetry: Some Notes Toward A Unified Theory, Frank Pommersheim

Tribal Law Journal

This work is a beautiful and profound commentary on law. In twenty points, Pommersheim reflects on the nuances of poetry and law. As Pommersheim juxtaposes poetry and law, law and poetry, he reminds us what law is and what it is not.

It is the first contribution to a new section of the Journal which will contain work that crosses law with other disciplines.

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Tribal Law Journal

In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that …

Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong

Tribal Law Journal

This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities

Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez

Tribal Law Journal

This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the …

The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver

Tribal Law Journal

The author begins by providing a conceptual framework for indigenous people generally and then focuses on indigenous people in South Africa. Mr. Carver then discusses the culture and customs of the Xhosa, one of the main ethnic groups from the Republic of South Africa. He then discusses the Truth and Reconciliation Commission (TRC), set up in South Africa after the fall of the apartheid regime, which was meant to rebuild a society divided by racial and ethnic lines. The author explains how the Xhosa concept of "ubuntu" – encompassing African concepts of justice, harmony and reconciliation — became a core …

Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal

Tribal Law Journal

Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …

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

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

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

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

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

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 …

Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison

Water Matters!

State Senator Carlos Cisneros links New Mexico’s past, present and future.

Directors Personal Liability For Corporate Fault In The United States, Erik Gerding

Faculty Book Display Case

This book chapter outlines sources in U.S. law of personal liability for directors of corporations, with a focus on liability for wrongdoing by the corporation. The chapter surveys director liability: to creditors for violations of state corporation statutes (e.g., liability for defective incorporations, ultra vires corporate acts, and improper dividends, loans to directors, or dissolution); under common law veil piercing theories; under common law and statutes applying agency and director participation theories; and the responsible corporate officer' doctrine. The chapter provides a brief case study of potential director liability under CERCLA (the Superfund statute). The chapter briefly examines why U.S. …

American Sovereigns: The People And America's Constitutional Tradition Before The Civil War, Christian G. Fritz

Faculty Book Display Case

American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory, and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity -- the people -- would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. …

Teaching A New Dog The Same Old Trick, Michelle Rigual

Faculty Book Display Case

This product provides strategies for teaching legal research skills and fostering the transition from law school to law firm. Topics include maximizing legal research, evaluating library resources, managing staff, and meeting law school expectations. Advice is given on harnessing student/faculty relationships, navigating new legal materials, managing the library budget, and monitoring student progress. This book also discusses addressing challenges, responding to change, and implementing new technologies.

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

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 …