Law Commons^™

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani

Faculty Scholarship

Vinay Harpalani reviews Kamala Harris' run as Democratic nominee for President, contrasting her challenges with Barak Obama's campaign to show how racial identity politics are complicated and constantly evolving as well as the intersectional, or multifaceted, issues Kamala faced during her candidacy.

Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani

Faculty Scholarship

At the 2020 Pro Bowl, former NFL quarterback Michael Vick will be honored as one of the legends captains. Vick’s selection has sparked controversy, because in 2007, he was convicted of operating a dog fighting ring. Vick has served his prison sentence, and beyond that, he has sought redemption. We should extend forgiveness and let the NFL honor Michael Vick.

The Harvard Crimson Interviews Vinay Harpalani (Justice Department Continues Investigation Into Harvard Admissions), Vinay Harpalani, Camille G. Caldera

Faculty Scholarship

A Department of Justice investigation into alleged discrimination in Harvard’s race-conscious admissions policies remains ongoing. Harpalani believes the existence of this investigation supports Students for Fair Admissions (SFFA), which knows that the Trump Administration is sternly behind eliminating race-conscious admissions policies. He believes the real purpose of the investigation is to pressure other universities with race-conscious admissions policies to reduce or eliminate the use of race as an admissions factor.

Brief Of Professors Of Law, Us V. Bergdahl, Joshua E. Kastenberg, Rachel E. Vanlandingham, Geoffrey S. Corn

Faculty Scholarship

When scrutinizing executive actions for unlawful command influence, this Court must account for a president’s immense power over the military. The extant judicial test for unlawful command influence – a violation of due process in the military setting – is a contextual one, and hence must consider the unique and unparalleled authority of the Commander-In-Chief over the military and individual service-members when the president’s actions are at issue. This executive power should also be evaluated in light of its myriad, and historically important, constitutional and statutory constraints – some predating the birth of the United States – that appropriately continue …

Lt. Col. Vindman Is A Patriot, Joshua E. Kastenberg

Faculty Scholarship

Op-ed: Kastenberg discusses how it is the duty of a commissioned officer to report activity they consider legally questionable and it is within their duty to testify before Congress.

The Supreme Court And The Future Of Affirmative Action, Vinay Harpalani

Faculty Scholarship

On October 1, the U.S. District Court for the District of Massachusetts issued its much anticipated ruling in Students for Fair Admissions (SFFA) v. Harvard. The big question is whether the U.S. Supreme Court will grant certiorari, since SFFA is sure to appeal subsequently to the High Court. However, there are a few reasons why the Justices might deny certiorari.

Perpetual Affordability Covenants: Can These Land Use Tools Solve The Affordable Housing Crisis?, Elizabeth Elia

Faculty Scholarship

Approximately 3.8 million privately-owned residential housing units in America today contain affordability covenants recorded in their chains of title. State and local agencies and the District of Columbia use these covenants to ensure that publicly-subsidized properties are actually used to provide affordable housing. With rents at all-time highs and stagnant wages, the affordable housing crisis has reached a fever pitch. House Democrats are proposing billions more in housing subsidy. To the extent those funds subsidize privately-owned housing development they, too, will be secured by affordability covenants. In response to this crisis, a new trend in high cost markets is to …

Regarding Docket No. Fr-6111-P-02, Hud’S Implementation Of The Fair Housing Act’S Disparate Impact Standard, Sonia Gipson Rankin, Alfred Mathewson, Melanie Moses, G. Matthew Fricke, Kathy Powers, Gabriel R. Sanchez, Christopher Moore, Elizabeth Bradley, Mirta Galesic, Joshua Garland

Faculty Scholarship

The is a Comment on the Department of Housing and Urban Development (HUD) Proposed Rule: FR-6111-P-02 HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard . This comment examines how algorithms in housing applications may be inherently biased against certain groups of people.

Their arguments against the proposed legislation:

1. To ensure that an algorithm does not have disparate impact, it is not enough to show that individual input factors are not “substitutes or close proxies” for protected characteristics.

2. It is impossible to audit an algorithm for bias without an adequate level of transparency or access to the …

The Guardian Interviews Maryam Ahranjani: When Kids Are Threats: The Assessments Unfairly Targeting Students With Disabilities, Maryam Ahranjani, Ike Swetlitz

Faculty Scholarship

His story should motivate district officials to re-evaluate their use of threat assessments, said Maryam Ahranjani, a law professor at the University of New Mexico. As currently practiced, she said, the assessment process can unfairly ensnare many students. “It’s treating them as if they are criminals without them actually engaging in criminal activity.”

Natural Resources And Environmental Law Newsletter, Fall 2019, Natural Resources And Environmental Law Program

Newsletter

Table of Contents:

• Emerita Professor Eileen Gauna Receives American Bar Association Award
• UNM Hires Joseph A. Schremmer as Leon Karelitz Oil & Gas Law Professor
• Faculty Scholarship and Presentations
• NREL Clinic Proposes Low Income Energy Efficiency Bill, Participates in Methane Regulation Expert Workgroup
• Reed D. Benson Elected to Rocky Mountain Mineral Law Foundation Board of Directors
• Alumna Stefanie Tsosie Hired for Tribal Partnerships Program at Earthjustice
• 2019 Graduate Ann Brethour Gains National Recognition

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 …

A New Associate’S Field Guide To Partner Compensation, Joseph A. Schremmer

Faculty Scholarship

This article surveys three broad models of income and expense allocation regarding law firm compensation for partners: the true partnership model; the modified partnership model; and the eat-what-you-kill model. The goal is for young lawyers to understand the fundamental differences among these compensation models even as there are myriad ways to allocate income and expenses.

Peace In The Home, Peace In The Nation: Conceptions Of Justice For Rural Women Of Northern Uganda, Jennifer Moore

Faculty Scholarship

UNM International Studies Institute Fall Lecture Series 2019 "Peacemaking In Africa"

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 various …

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?

Diaspora’S Role In Nepal’S Development: Summary Of The Forum Held At The Nepali National Convention. Baltimore, Md, Usa. July 5-7, 2019, Ambika P. Adhikari, Diwakar Dahal, Rajendra Khatiwada

Himalayan Research Papers Archive

Four major Nepalese community organizations, ANA, ANMA, BANA, and INLS jointly hosted the “Nepali National Convention 2019” in Baltimore, Maryland, USA during July 5 to 7, 2019. Eight other community-based organizations including Blood Donors of America, Society of American Nepalese Nurses, Nepalese Association of Florida, Nepal Pasa Pucha Amerikaye, America Nepal Women’s Association of Greater Washington, Nepal Education and Culture Center, America Nepal Society, and Association of Nepali Teraian in America were involved as co-hosts of the convention. Several other local organizations participated in support of the convention.

The Forum “Diaspora’s Role in Nepal’s Development” was held from 1:30-3:00 pm …

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

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

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 Maryam Ahranjani, Are Armed ‘Guardian Patriots’ At Us-Mexico Border Breaking The Law?, 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 do …

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

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

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.

Shades Of Nixon In Mattis Departure, Joshua E. Kastenberg

Faculty Scholarship

With the voluntary departure or unceremonious firing of Secretary of Defense James Mattis, there is a potential/looming crisis in civil-military affairs in our country. Not since President Richard Nixon has there been this type of instability in the Department of Defense.

Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn

2020 Award Winners

No abstract provided.

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.

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 …

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 …

Nefarious Neighbors: How Living Near Payday Loan Stores Affects Loan Use, Nathalie Martin, Younghee Lim, Aimee Moles, Trey Bickham

Faculty Scholarship

Few of us give much thought to local laws, yet local laws, such as zoning and other land use regulations, have an abiding influence on our lives. Think for a few moments about the types of businesses located near your home. Are these businesses places you frequent? Considering socio-economics, how do land uses differ from locale to locale throughout your city or state? Do all citizens have an equal voice in the land use approval process? The answer is likely no, which creates environmental and economic justice issues.

Like all businesses, when it comes to payday lenders, geography matters. Payday …

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 …