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Full-Text Articles in Law

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2007), Michelle Rigual Dec 2007

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2007), Michelle Rigual

Faculty Scholarship

This is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources. Also presented in Albuquerque, New Mexico, December 13, 2007.


Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.


Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al Aug 2007

Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007. Amendment 2 replaces 3 exhibits with documents filed in or by the courts: 1) Attachment 1 - replacing Exhibit 25.18.A1 - “Stipulation of the Parties to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Setting forth the Terms of the Settlement (as filed with the Gila Adjudication Court on May 23, 2006”; 2) Attachement 2 - replacing Exhibit 25.18.A2 – “Judgment and Decree”; and 3) Attachement 3 - Exhibit 25.18.B “Order Pursuant to Stipulation issued by the Globe …


A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen Aug 2007

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.


The Internet Evolution: Savvy Research Strategies For Paralegals, Michelle Rigual Jul 2007

The Internet Evolution: Savvy Research Strategies For Paralegals, Michelle Rigual

Faculty Scholarship

This is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.


Tactical Level Psyop And Mildec Information Operations: How To Smartly And Lawfully Prime The Battlefield, Joshua E. Kastenberg Jul 2007

Tactical Level Psyop And Mildec Information Operations: How To Smartly And Lawfully Prime The Battlefield, Joshua E. Kastenberg

Faculty Scholarship

The subject matter and scope of this article is limited to providing a framework for legal oversight to the planning and execution of tactical level PSYOP and MILDEC operations. As a result, it does not cover in detail issues such as neutrality, operations conducted within the United States which impact the Constitution, or combatant command authorities and their attendant supporting and supported relations. Rather, it seeks to provide a roadmap for a JA or legal representative assigned to an IO cell in support of tactical military operations.


Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn Jun 2007

Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Public safety and criminal justice on Indian reservations are better served when Indian tribes play a central role in these functions. Most of the successes of law enforcement in Indian country have involved careful cooperation and coordination between law enforcement agencies of different sovereigns. Even informal cooperation can be highly effective in improving public safety. Lack of cooperation undermines public safety.


Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico Jun 2007

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.


Model Interstate Water Compact, Ken Knox Jun 2007

Model Interstate Water Compact, Ken Knox

Publications

No abstract provided.


Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes May 2007

Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes

Native American Water Rights Settlement Project

Tribal Water Code: 2007 Shoshone-Bannock Tribal Water Resource Code (WATR-07-S1 (2007). This Code establishes the Tribal Water Resources Commission and the Tribal Water Resources Dept; provides water allocation guidelines; structures a license and permitting system; determines effects of non-use and attempted adverse possession; provides penalties and enforcement; and sets up hearings and appeals. [Source: http://www.shoshonebannocktribes.com/elements/documents/water/2007-Sec-Int-Water-Code.pdf]


Brief For Pb&J, Family Services, Inc. As Amicus Curiae, Antoinette M. Sedillo Lopez, Iris Augusten, Deana M. Bennett, Amber Chavez, Kimberly Halpain, Leigh K. Haynes, Cody Lujan Mar 2007

Brief For Pb&J, Family Services, Inc. As Amicus Curiae, Antoinette M. Sedillo Lopez, Iris Augusten, Deana M. Bennett, Amber Chavez, Kimberly Halpain, Leigh K. Haynes, Cody Lujan

Faculty Scholarship

PB&J, Family Services, Inc., through this brief as amicus curiae, has demonstrated that the decision rendered by the Court of Appeals was correct. The New Mexico Legislature did not draft NMSA 1978, § 36-6-1(D) (1973) to encompass the situation of a pregnant woman using drugs or alcohol during pregnancy. The Legislatures failure to pass legislation specifically criminalizing such conduct after careful consideration indicates that the Legislature did not intend for the statute to be so broadly construed. This is particularly true when considering the fiscal impact reports accompanying the proposed legislation. This decision by the Legislature is consistent with sound …


Indian Law On State Bar Exams: A Situational Report, Gloria Valencia-Weber Mar 2007

Indian Law On State Bar Exams: A Situational Report, Gloria Valencia-Weber

Faculty Scholarship

No abstract provided.


Order Granting Joint Motion For Approval And Entry Of Consent Decree Approving Entry Of Final Decrees Determining The Rights Of The United States As Trustee For The Benefit Of The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resource Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls Jan 2007

Order Granting Joint Motion For Approval And Entry Of Consent Decree Approving Entry Of Final Decrees Determining The Rights Of The United States As Trustee For The Benefit Of The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resource Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Court Document: Consent Decree Approving Entry of Partial Final Decrees Determining the Rights of the US as Trustee for the Benefit of the Nez Perce Tribe & the Nez Perce Tribe to the Use of Water in the Snake River Basin within Idaho and the Partial Final Decrees Determining Minimum Stream Flow Water Rights Held by the Idaho Water Resources Board. Covers off-reservation instream flow claims, springs and fountains claims, multiple-use claims and Idaho Water Resource Board Claims, and includes standard of review. Order: dismisses objections by DeVeny; grants Joint Motion for approval and entry of Final Decrees and disallows …


Consent Decree Approving Entry Of Partial Final Decrees Determining The Rights Of The Us As Trustee For The Benefit Of The Nez Perce Tribe & The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And The Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resources Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls Jan 2007

Consent Decree Approving Entry Of Partial Final Decrees Determining The Rights Of The Us As Trustee For The Benefit Of The Nez Perce Tribe & The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And The Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resources Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Post-settlement court orders/decree. Parties: Nez Perce Tribe, ID, Idaho, US, United States, Non-Indian Water Users listed in Attachment 1. Decree incorporates Special Master’s Term Sheet and partial final decrees for federal reserved water rights held by the US as trustee for the Tribe, for multiple use and for springs or fountains as well as state minimum stream flow water rights held by Idaho Water Resources Board. All Nez Perce claims and US claims for the Tribe which not found in the partial final decrees are dismissed with prejudice. Decrees were entered in compliance with Sec. 42-1411 A, Id. Code. The …


Mind Games: Rethinking Bapcpa's Debtor Education Provisions, Nathalie Martin, Ocean Tama Y Sweet Jan 2007

Mind Games: Rethinking Bapcpa's Debtor Education Provisions, Nathalie Martin, Ocean Tama Y Sweet

Faculty Scholarship

This Essay provides some initial ideas about how one might redesign an appropriate course for bankruptcy debtors.


Antigona: A Voice Rebuking Power, Margaret E. Montoya Jan 2007

Antigona: A Voice Rebuking Power, Margaret E. Montoya

Faculty Scholarship

No abstract provided.


Public Safety And Criminal Jurisdiction, Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kevin Washburn Jan 2007

Public Safety And Criminal Jurisdiction, Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kevin Washburn

Faculty Scholarship

No abstract provided.


A History Of America's First Jim Crow Law School Library And Staff, Ernesto A. Longa Jan 2007

A History Of America's First Jim Crow Law School Library And Staff, Ernesto A. Longa

Faculty Scholarship

Paper relies heavily on African-American newspapers and archival materials from Lincoln University and the AALL Archive to tell the story of Lincoln University Law School (1939-1955), provide biographical sketches of its African-American law librarians, and expose the racism within the American Association of Law Libraries during the 1930s, 40s and 50s.


Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna Jan 2007

Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna

Faculty Scholarship

This Article examines the distributional and other environmental justice issues arising from the current initiative to rapidly site multiple LNG import facilities in order to increase the supply of natural gas into the continental United States. This Article further examines the necessity of creating a national siting scheme to avoid exacerbating existing racial disparities in risk-producing land use practices.


Enhancing Diversity In An Appointive System Of Selecting Judges, Leo M. Romero Jan 2007

Enhancing Diversity In An Appointive System Of Selecting Judges, Leo M. Romero

Faculty Scholarship

Any system for selecting judges must be legitimate, and it will not be perceived as legitimate if it excludes certain members of the bar or if it makes it difficult for different groups to get its members on the bench. For an appointive system1 to be perceived as legitimate, it must ensure that diversity is considered in nominating candidates and in appointing judges. This Article will examine the different measures that states, with a particular focus on New Mexico, have adopted in order to enhance diversity in their appointive systems and then propose ways to structure an appointive system that …


Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki Jan 2007

Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki

Faculty Scholarship

Many asylum seekers are denied relief in the United States because the asylum officer or immigration judge evaluating the case does not believe the asylum applicant is telling the truth. The applicant may appear not to be credible because his story of persecution lacks sufficient detail and is inconsistent. A victim of severe and often prolonged trauma may develop post-traumatic stress disorder (PTSD), which profoundly affects his ability to tell a consistent and detailed story of past persecution. Thus, an asylum seeker suffering from PTSD as a result of traumatic experiences, desperately in need of a safe haven, may be …


Rivers To Live By: Can Western Water Law Help Communities Embrace Their Streams?, Reed D. Benson Jan 2007

Rivers To Live By: Can Western Water Law Help Communities Embrace Their Streams?, Reed D. Benson

Faculty Scholarship

In short, this article will adress: (1) the ways in which traditional western water law has hindered efforts to preserve free-flowing rivers in our communities; (2) some examples of how cities and towns are making efforts to keep their rivers flowing in order to provide recreation and other public benefits, and the ways in which water law is beginning to change to accomodate these efforts; and (3) some suggestions for water law reforms that would expand opportunities for western communities to keep water flowing in their rivers.


Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding Jan 2007

Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding

Faculty Scholarship

This article analyzes the effectiveness of proposed and actual securities, financial, and tax laws designed to prevent, or dampen the severity of asset price bubbles, including laws designed to mitigate excessive speculation. The article employs experimental asset market research to measure the effectiveness of these anti-bubble laws in correcting mispricings. Experimental asset markets represent complex simulations of stock markets in which subjects trade securities over a computer network. These markets allow scholars to test causal links between legal policies and market effects in ways that empirical research alone cannot. With these virtual markets, researchers can identify asset price bubbles-when prices …


The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu Jan 2007

The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu

Faculty Scholarship

This article demonstrates that the effect of the post-9/l1 climate facing Muslim-Americans pervades even ordinary aspects of contemporary life. Part II of the article discusses the legal paradigm of when discrimination has legal implications and merits government action. Part III explores al-Qaeda's sophisticated use of the Internet and summarizes the government's post-9/l1 online surveillance efforts. Part IV discusses OUPOLL's survey results.


Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith Jan 2007

Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith

Faculty Scholarship

Long before there were limited liability companies, there were mining joint ventures. Although LLCs have generally become the dominant choice for the formation of privately held entities, the common law joint venture stubbornly persists as the preferred investment vehicle for mining companies. To add to the suite of Form 5 mining joint venture forms previously published by the Rocky Mountain Mineral Law Foundation, this article proposes yet another version of Form 5, dubbed the Modest Form, with the hope that a new LLC form project would be launched by the Foundation and thereby become more manageable. The Modest Form is …


Felix Cohen, Anti-Semitism And American Indian Law. Book Review Of Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism By Dalia Tsuk Mitchell, Kevin Washburn Jan 2007

Felix Cohen, Anti-Semitism And American Indian Law. Book Review Of Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism By Dalia Tsuk Mitchell, Kevin Washburn

Faculty Scholarship

Felix Cohen and his work and legacy are discussed in several new books, including an important intellectual biography of Cohen by Dalia Tsuk Mitchell. Using the Mitchell biography as a starting point, this essay discusses an important episode in Cohen's life, involving apparent anti-Semitism at the Department of Justice. Because the episode is not fully explored in this otherwise excellent biography, Cohen and his motivations in Indian law remain a mystery in some respects. The essay also discusses some of the paradoxes of Cohen's key involvement in federal Indian policy and the contemporary importance of some of his legacies in …


Taking Voting Rights Seriously: Race And The Integrity Of Democracy In America, Aliza Organick Jan 2007

Taking Voting Rights Seriously: Race And The Integrity Of Democracy In America, Aliza Organick

Faculty Scholarship

This article demonstrates that secure and reliable elections are easily achievable in the United States - if those with economic and political power so desired. Given the costs implicit in continued clouds of legitimacy over those currently governing this nation, one would therefore expect strong and decisive action to remedy once and for all race-based electioneering games and faulty voting machinery. The thesis of this article, however, is that this is very unlikely to occur; rather, those with power seem to be exercising an option to use race instrumentally to foil the democratic process and to enhance their electoral interests. …


Wands Away (Or Preaching To Infidels Who Wear Earplugs), Laura Spitz Jan 2007

Wands Away (Or Preaching To Infidels Who Wear Earplugs), Laura Spitz

Faculty Scholarship

The juxtaposition between doing--what we might call "practice"--and reading or thinking about doing--what we might call the study of "theory" or "doctrine" or both--evokes familiar debates on what a law school is and the pedagogical choices made by teachers and administrators.