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Full-Text Articles in Law

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin Oct 2019

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by ...


Humanizing Work Requirements For Safety Net Programs, Mary Leto Pareja Sep 2019

Humanizing Work Requirements For Safety Net Programs, Mary Leto Pareja

Faculty Scholarship

This Article explores the political and policy appeal of work requirements for public benefit programs and concludes that inclusion of such requirements can be a reasonable design choice, but not in their current form. This Article’s proposals attempt to humanize these highly controversial work requirements while acknowledging the equity concerns they are designed to address. Drawing on expansive definitions of “work” found in guidance published by the Centers for Medicare and Medicaid (“CMS”) and in various state waiver applications, this Article proposes that work requirements be approved for Medicaid (as well as other benefit programs) only if they encompass ...


Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff Aug 2019

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?


Red River, White Law, Laura Spitz Jun 2019

Red River, White Law, Laura Spitz

Faculty Scholarship

No matter how well-intended, advocates reaching for personhood on behalf of rivers in the United States must think carefully about how to meaningfully engage the Indigenous peoples directly affected, or risk continuing practices of colonization. In that sense, the Colorado River case was a missed opportunity to contextualize the claim in terms of local Indigenous laws and cultures. Its dismissal provides an opportunity to reset and reach out before moving forward again.


‘Off With Their Heads’ Won’T Make Abq Safer, George Bach, Robert Schwartz, David Stout Jun 2019

‘Off With Their Heads’ Won’T Make Abq Safer, George Bach, Robert Schwartz, David Stout

Faculty Scholarship

Frustrated by crime in Albuquerque and the time it will require to address it rationally, and, perhaps, spurred on by bail bondsmen with their own financial interests, some in Albuquerque seem to prefer the rantings of the Queen of Hearts in Alice in Wonderland to our Constitutional law.


Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa Jun 2019

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did ...


Newsy Interviews Ahranjani, Maryam Ahranjani May 2019

Newsy Interviews Ahranjani, Maryam Ahranjani

Faculty Scholarship

So, I think that there are a number of potential charges here under state law. As I mentioned, false imprisonment. … New Mexico law defines false imprisonment as intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so. ... Kidnapping, which is a more serious charge, is another potential charge. And that requires the unlawful taking, restraining, transporting or confining of a person by force, intimidation or deception.

They're not in a position to advocate for themselves. Generally, they don't speak English. Generally, they don't know whether they ...


Kob-Tv Interviews Kastenberg On A Juvinelle Tried For Murder And The Death Penalty, Joshua E. Kastenberg Apr 2019

Kob-Tv Interviews Kastenberg On A Juvinelle Tried For Murder And The Death Penalty, Joshua E. Kastenberg

Faculty Scholarship

Professor Kastenberg discusses using veteran status to get a job or falsely claiming to be a vet while panhandling is now punishable under the law.


Thinkprogress Interviews Ahranjani On Not Prosecuting Should Roe V. Wade Be Overturned, Maryam Ahranjani Apr 2019

Thinkprogress Interviews Ahranjani On Not Prosecuting Should Roe V. Wade Be Overturned, Maryam Ahranjani

Faculty Scholarship

Professor Ahranjani discusses the role of the Attorney General if Roe v. Wade was overturned.


Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore Mar 2019

Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore

Faculty Scholarship

The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.


Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer Jan 2019

Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer

Faculty Scholarship

Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort ...


It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman Jan 2019

It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman

Faculty Scholarship

Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to be disabled than the general elder population. Moreover, transgender elders profoundly fear a future when they must rely on others to maintain and protect their gender identity and dignity. This fear is alarmingly realistic because if a transgender elder becomes incapacitated or requires institutional care, they are likely to face discrimination and other harms by their caretakers. In addition, transgender elders who are incapacitated are particularly at-risk if a non-affirming guardian is ...


Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa Jan 2019

Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa

Faculty Scholarship

On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what ...


Can A State's Water Rights Be Damned? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson Jan 2019

Can A State's Water Rights Be Damned? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson

Faculty Scholarship

Interstate rivers are subject to the doctrine of equitable apportionment, whereby the Supreme Court seeks to ensure that all states that share such rivers get a fair portion of their benefits. The Court has rarely issued an equitable apportionment decree, however, and there is little law on whether the doctrine protects river flows for environmental purposes. The ongoing Florida v. Georgia litigation in the Supreme Court raises this issue, as Florida seeks to limit consumptive uses by upstream Georgia to preserve flows in the Apalachicola River, which provide both economic and environmental benefits. This Article summarizes both the equitable apportionment ...


Evaluating Judicial Standards Of Conduct In The Current Political And Social Climate: The Need To Strengthen Impropriety Standards And Removal Remedies To Include Procedural Justice And Community Harm, Joshua E. Kastenberg Jan 2019

Evaluating Judicial Standards Of Conduct In The Current Political And Social Climate: The Need To Strengthen Impropriety Standards And Removal Remedies To Include Procedural Justice And Community Harm, Joshua E. Kastenberg

Faculty Scholarship

Chief Justice Warren Burger warned that when “people who have long been exploited . . . come to believe that courts cannot vindicate their legal rights from fraud,” an “incalculable damage [is done] to society.”

Part I of this Article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences. Included in this section is an analysis of the interrelationship between implicit bias and impropriety, as well as on community harm and procedural justice.

Part II provides both a historical and contemporary analysis of “populism,” including the effect of populism ...


Kob-Tv Interviews Kastenberg On The Stolen Valor Act, Joshua E. Kastenberg Dec 2018

Kob-Tv Interviews Kastenberg On The Stolen Valor Act, Joshua E. Kastenberg

Faculty Scholarship

Professor Kastenberg discusses the likehood of a local teenager being tried for murder as an adult.


Constructing The First Year Experience: Improving Retention And Graduation Rates At A Hispanic-Serving Institution, Sonia M. Gipson Rankin, Tim Schroeder, Joe Suilmann, Pamela Cheek Nov 2018

Constructing The First Year Experience: Improving Retention And Graduation Rates At A Hispanic-Serving Institution, Sonia M. Gipson Rankin, Tim Schroeder, Joe Suilmann, Pamela Cheek

Faculty Scholarship

In 2012, UNM teamed up with the Gardner Institute for Excellence in Undergraduate Education, to conduct a Foundations of Excellence® (FoE) First College Year Self Study addressing student success. As members of the First Year Steering Committee, we invented, coordinated, measured, and documented programs for linking students to the academic experiences and support that were best attuned to their needs.


The Curious Policy Implications Of In Re Semcrude: Do Crude Oil Markets Need A Volcker Rule?, Joseph A. Schremmer Sep 2018

The Curious Policy Implications Of In Re Semcrude: Do Crude Oil Markets Need A Volcker Rule?, Joseph A. Schremmer

Faculty Scholarship

In the summer of 2008 the nation's largest and fastest growing midstream crude oil purchaser, SemCrude, declared bankruptcy. SemCrude's demise was not the result of a bear market but of its taste for risky options trading. The bankruptcy pitted the competing liens of thousands of unpaid oil and gas producers and royalty owners who sold their crude oil to SemCrude at the wellhead against those of SemCrude's lenders and the claims of downstream purchasers. The Bankruptcy Court for the Federal District of Delaware found none of the producers' lien rights to be perfected under applicable law and ...


Kunm Interviews Jennifer Moore About Refugees, Asylum, And International Law, Jennifer Moore Aug 2018

Kunm Interviews Jennifer Moore About Refugees, Asylum, And International Law, Jennifer Moore

Faculty Scholarship

How The U.S. Ignores Immigration And Asylum Laws, by Megan Kamerick. Immigrant. Refugee. Asylum. These are words we’ve been hearing a lot this year. But what are the laws around refugees in the United States and internationally and is the U.S. following its legal obligations? On this episode of University Showcase, we talk with Professor Jennifer Moore. She's an expert on refugee law and teaches it at UNM. Moore co-authored one of the first law school text books on refugee law. Prior to joining UNM in 1995, she worked with the United Nations High Commission on ...


Bloomberg Law Interviews Elizabeth Rapaport; Trump’S Pardons Quicker Than Obama’S, But ‘Haphazard’, Elizabeth Rapaport Jul 2018

Bloomberg Law Interviews Elizabeth Rapaport; Trump’S Pardons Quicker Than Obama’S, But ‘Haphazard’, Elizabeth Rapaport

Faculty Scholarship

Article author, Jordan S. Rubin, interviews Emeritus Professor of Law, Elizabeth Rapaport, about the political nature of President Trump's pardons.


High Crimes And Misdemeanors: A View From The #Metoo Era, Elizabeth Rapaport Jul 2018

High Crimes And Misdemeanors: A View From The #Metoo Era, Elizabeth Rapaport

Faculty Scholarship

A look at President Bill Clinton, sexual misconduct, feminism and politics within the lens of the #MeToo movement. This article builds off the authors 2001 article, "Sex and Politics at the Close of the Twentieth Century: A Feminist Looks Back at the Clinton Impeachment and the Thomas Confirmation Hearings," in Aftermath: The Clinton Impeachment and the Presidency in the Age of Political Spectacle.


Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford J. Villa May 2018

Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford J. Villa

Faculty Scholarship

A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.


Comment In Support Of Proposal 2018-006 Immigration Status Of Bar Applicants (Rule 15-103(B)(7)), Veronica C. Gonzales-Zamora, New Mexico Hispanic Bar Association, Board Of Directors Apr 2018

Comment In Support Of Proposal 2018-006 Immigration Status Of Bar Applicants (Rule 15-103(B)(7)), Veronica C. Gonzales-Zamora, New Mexico Hispanic Bar Association, Board Of Directors

Faculty Scholarship

This letter to the New Mexico Supreme Court supports of Proposal 2018-006, proposing to amend Rule 15-103(B)(7) NMRA governing admission to the State Bar of New Mexico without regard to lawful presence for these reasons: 1) Increased admissions, particularly from underrepresented groups such as undocumented individuals, can improve access to justice; 2) Consideration of undocumented, but otherwise qualified, individuals for admission to the State Bar should be based on individual circumstances rather than fundamental misconceptions; 3) Equal access to the legal profession, and consequently equal access to justice, hinges on admission to the State Bar without regard to ...


Hls 200: A Latina's Story About The Bicentennial, Margaret E. Montoya Apr 2018

Hls 200: A Latina's Story About The Bicentennial, Margaret E. Montoya

Faculty Scholarship

This essay sketches an arc from my childhood to being an Harvard Law School student to my academic work and professional commitments as a law professor and an alumna of Harvard Law School, working to increase access and success in the legal and medical professions for students and faculty of color. I compare aspects of legal and medical education using demographic data as well as some observations about how diverse faculty have transformed the two professions in their respective approaches to and rationales for diversifying the professions and examine the work being done by diverse faculty in law and health ...


Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine Apr 2018

Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine

Faculty Scholarship

The joint operating agreement (JOA) in the oil and gas industry helps coordinate joint operation efforts that facilitate exploration and unitization of tracts, and conservation of a depleting resource. Professor Conine’s 1988 article expanded, limited, and defined the property interests of the parties both inside and outside the contract area. This article is an update to those prior works with greater emphasis on the 1989 Form JOA, cases and developments since its publication, and the implications of the revisions to the JOA in the new 2015 Form JOA published by the American Association of Professional Landmen (AAPL).

The purposes ...


Federalism And The State Police Power: Why Immigration And Customs Enforcement Must Stay Away From State Courthouses, George Bach Apr 2018

Federalism And The State Police Power: Why Immigration And Customs Enforcement Must Stay Away From State Courthouses, George Bach

Faculty Scholarship

The Trump Administration’s rhetoric and increased immigration enforcement actions have raised the level of fear in immigrant communities. The increased enforcement has included having United States Immigrant and Customs Enforcement (ICE) agents appear at state and local courthouses to detain undocumented immigrants when they arrive for court. This presence has had an adverse effect on domestic violence victims who are immigrants, as they fear encountering immigrations officials at the courthouse. In El Paso, for example, agents detained a woman who was bringing a case of domestic violence against her abuser. There were claims that ICE was tipped off about ...


Brief For Southwest Indian Law Clinic As Amici Curiae, United States V. Smith, Veronica C. Gonzales-Zamora, Barbara L. Creel Mar 2018

Brief For Southwest Indian Law Clinic As Amici Curiae, United States V. Smith, Veronica C. Gonzales-Zamora, Barbara L. Creel

Faculty Scholarship

Prior cases, have assumed, without analysis that the ACA applies to Indian Country. This review of the ACA failed to consider and incorporate clearly established Indian law principles and foundational tenets of criminal law in the analysis of its applicability to Indians and Indian Country. Most importantly, the precedent and the Court below failed to understand the racial component involved in the analysis. These failures to understand the principles of Indian law and criminal law, have rendered haphazard and incoherent decisions.

Amici seek to bring clarity to the complex jurisdictional interplay and provide a practical framework for the proper analysis ...


Using Empirical Studies As A Basis For Updating Intestacy Laws, Sergio Pareja Mar 2018

Using Empirical Studies As A Basis For Updating Intestacy Laws, Sergio Pareja

Faculty Scholarship

The principal goal of any intestacy statute is to determine the probable intent of individuals who die without a will. Professor Wright and Ms. Sterner analyze 493 wills that were probated in Escambia and Alachua Counties, Florida, in 2013. This blog post reviews their study as well as Wright and Sterner's final analysis. Pareja adds, new statutes, if properly considered, should pay attention to gender, race, and class differences that surfaced in the authors’ study


Searchlight New Mexico Interviews Maryam Ahranjani On The Prisonization Of America's Public Schools, Maryam Ahranjani, Sara Solovitch Mar 2018

Searchlight New Mexico Interviews Maryam Ahranjani On The Prisonization Of America's Public Schools, Maryam Ahranjani, Sara Solovitch

Faculty Scholarship

Maryam Ahranjani writes about personal experiences with mass school shootings in "The Prisonization of America's Public Schools," published in October 2017 in Hofstra Law Review. The article takes a critical stance against what Ahranjani terms the growing "criminal infrastructure" metal detectors, surveillance cameras and police officers within our nation's schools. Searchlight New Mexico asked Ahranjani what kind of national response makes sense in the wake of the Parkland mass shooting.


Taxprof Article Of The Week: Serge Martinez (New Mexico), Why Are We Doing This? Cognitive Science And Nondirective Supervision In Clinical Teaching, Serge A. Martinez Jan 2018

Taxprof Article Of The Week: Serge Martinez (New Mexico), Why Are We Doing This? Cognitive Science And Nondirective Supervision In Clinical Teaching, Serge A. Martinez

Faculty Scholarship

Weekly Legal Education Roundup's article of the week is Serge Martinez's, "Why are We Doing this? Cognitive Science and Nondirective Supervision in Clinical Teaching."

Read full article here: http://digitalrepository.unm.edu/law_facultyscholarship/483/