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Articles 1 - 18 of 18
Full-Text Articles in Law
2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress
2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress
Native American Water Rights Settlement Project
Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …
Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress
Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress
Native American Water Rights Settlement Project
Federal Legislation: Technical Amendments of 2000 to Ak-Chin Water Use of 1984 (PL 106-285, 114 Stat. 878) Act amending Ak-Chin Water Use Act of 1984. Act addresses amendments regarding use and leasing of permanent water supply as well as prohibition against permanent alienation of water right. It approves lease and amendment of lease for Del Webb Corporation of Dec. 14, 1996 and Jan. 7, 1999, respectively. Secretary of the Interior is authorized to approve the lease as amended. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-106publ285/pdf/PLAW-106publ285.pdf]
Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress
Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress
Native American Water Rights Settlement Project
Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …
The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson
The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson
Faculty Scholarship
This article examines the historical development of the attorney-client privilege and then explores the privilege generally before tackling some specific areas where the privilege commonly arises in military practice. We explore important aspects of the privilege from three different perspectives: (1) a prosecution perspective-saving court-martial cases involving alleged compromise of attorney-client privileged material by trial counsel and/or investigators, (2) a defense perspective-using the privilege to protect information about the whereabouts of a client and the contents of a defense counsel's appointment schedule, and, (3) a general military practice perspective-the potential conflicts of interest which may arise when the privilege is …
Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare Reforms, April Land
Faculty Scholarship
The elimination of the federal entitlement to welfare and the shifting of essential policy making to states raises serious questions about the procedural due process rights of people in poverty. It also changes the focus of the legal battleground for welfare families, bringing important state constitutional issues into focus across the nation. Overall, the Article emphasizes that in exploring the potential constitutional protections for families in poverty, it will be important to focus on the detrimental effects that welfare reforms have on children. By emphasizing the impact that welfare cuts have on children, it may be possible to provide a …
The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin
The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin
Faculty Scholarship
Continuing-care retirement communities provide seniors with an attractive option to traditionaln ursing homes. These arrangementsa llow seniors to live in a pleasant, independent environment for as long as possible, and then receive life time nursing care when it is needed. Residents of these communities pay a large upfront entry fee in exchange for the promise of life time nursing care. When continuing care facilities file for bankruptcy, however, residents risk losing their large upfront entry fee, which drastically reduces the value of these arrangements to consumers. In this Article, Professor Nathalie Martin analyses these risks against a host of state …
Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport
Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport
Faculty Scholarship
In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the "redemptive" perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.
Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez
Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez
Faculty Scholarship
Tribal regulation of marriage is an example of tribal government and tribal court using the legal system to reclaim traditional values and to resist (at least in part) the dominant values imposed on the Navajo Nation. Identity as Dine (the Navajos term to refer to themselves) is based on clan affiliations, which are determined by blood and marriage. Marriage has been an important and sacred institution in Navajo tradition. The Navajo Supreme Court and the Tribal Council have attempted to find a substantive law of marriage that respects traditional Navajo culture while meeting contemporary needs of Navajo people. The Navajo …
American Constitution-Making: The Neglected State Constitutional Sources, Christian G. Fritz, Marsha L. Baum
American Constitution-Making: The Neglected State Constitutional Sources, Christian G. Fritz, Marsha L. Baum
Faculty Scholarship
American Constitution-Making: The Neglected State Constitutional Sources' looks at a frequently overlooked genre of literature pertinent to American constitution-making: comprehensive compilations of state constitutions that made their appearance from the first wave of constitution-making preceding (and following) the Federal constitution. Routinely issued in pocket-sized editions, the authors demonstrate the presence of these compilations in constitutional conventions and their use by constitution-makers from the Revolutionary period through the late 19th century. The significance of the process of 'borrowing' provisions from other state constitutions is placed in a new and different light that raises intriguing questions about the level of American awareness, …
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …
Tularosa And The Dismantling Of New Mexico Community Ditches, G. Emlen Hall
Tularosa And The Dismantling Of New Mexico Community Ditches, G. Emlen Hall
Faculty Scholarship
In the last quarter of the nineteenth century and the first quarter of the twentieth, contested claims to the water of a small stream in south-central New Mexico produced a storm of legal activity. The maelstrom arose out of the tangled complications surrounding the development of non-Indian water rights to the Tularosa Creek. The creek was a small spring-fed stream that headed on the Mescalero Apache Indian homelands in the Sacramento Mountains. From its beginnings, the creek ran west, first through a narrow canyon and then out onto a broad plain before petering out in the porous White Sands. Between …
Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport
Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport
Faculty Scholarship
This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker.
Instream Flows In New Mexico, Denise D. Fort
Instream Flows In New Mexico, Denise D. Fort
Faculty Scholarship
Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.
The Eligibility Paradox, Alfred Dennis Mathewson
The Eligibility Paradox, Alfred Dennis Mathewson
Faculty Scholarship
This article examines the fundamental concept of uniform academic eligibility standards for college athletes. It argues that the NCAA is an organization governed by the principle of athletics primacy rather than the educational primacy of its members. The unintended result has been the creation of an eligibility paradox. Uniform rules intended to enhance academic goals inherently suppress the value of the educational opportunity paid to student-athletes in exchange for their athletic participation. The article further argues that separating the concept of academic eligibility from athletic eligibility and transforming the former into one of compensation through academic achievement will best maximize …
Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson
Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson
Faculty Scholarship
In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.
O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr
O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr
Faculty Scholarship
The theme of this essay is that blacks and whites reacted differently to the O.J. criminal verdicts because they watched two different dramas unfold over the course of the trial. Many whites saw O.J. as the archetype of Otello, the heroic Moor who came to live within the midst of Europeans and married the lovely Desdemona, only to kill her in a jealous rage after she befriended another man. Many blacks perceived O.J.'s trial as a modernized Porgy and Bess, which features white police officers abusing power when they jail an innocent person because they are too lazy to search …
Les Jeux Ne Sont Pas Fait: The Right To Dignified Long-Term Care In The Face On Industry-Wide Financial Failure, Nathalie Martin
Les Jeux Ne Sont Pas Fait: The Right To Dignified Long-Term Care In The Face On Industry-Wide Financial Failure, Nathalie Martin
Faculty Scholarship
This Article explores issues that we, as a society, would rather not, but must, discuss. These issues include aging, how the future costs of long-term care will be paid, and what form and quality of long-term care will continue to be financed through Medicare. More specifically, this Article discusses the philosophical issues raised by the cuts, as well as the practical implications of the cuts for patients and residents. It also attempts, primarily through information about the administrative and other costs of the federal bankruptcy process, to refute government claims that these cuts have not and will not affect patient …
Funding Long-Term Care: Some Risk-Spreaders Create More Risk Than They Cure, Nathalie Martin
Funding Long-Term Care: Some Risk-Spreaders Create More Risk Than They Cure, Nathalie Martin
Faculty Scholarship
The purpose of this Article is to explore two different aspects of the long-term care issue. First, what are the options for receiving longterm care, such as home-care, assisted living, CCFs or traditional nursing homes? Second, what are the methods of funding long-term care? This Article will consider the strengths and weaknesses of each option when considering how best to control the costs of long-term care. Because only two of the options, maintaining LTC insurance and entering into a contract with a CCF, attempt to control future longterm care costs through risk-spreading, the Article considers these two options in more …