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White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az. Dec 2014

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights ...


Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu Dec 2014

Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.


Answering The "Serious Constitutional Question": Ensuring Meaningful Review Of All Constitutional Claims, George Bach Dec 2014

Answering The "Serious Constitutional Question": Ensuring Meaningful Review Of All Constitutional Claims, George Bach

Faculty Scholarship

In 2012, the Supreme Court in Elgin v. Department of the Treasury clarified the standard that should apply when a federal statute purports to remove judicial review of all constitutional claims. The Court confirmed that, if a statute only channels judicial review of a constitutional claim into a specific avenue (for example, through administrative review and then the Federal Circuit Court of Appeals), then Congressional intent to do so need only be fairly discernible.' Alternatively, if a statute precludes all judicial review of a constitutional claim, there must be 'clear Congressional intent.' The Court explained that the reason for these ...


The Greenback, The Humpback, And The Silverback: How A Third Wave Of Federal Water Policy Could Benefit The West, Reed D. Benson Dec 2014

The Greenback, The Humpback, And The Silverback: How A Third Wave Of Federal Water Policy Could Benefit The West, Reed D. Benson

Faculty Scholarship

Proposing any major new federal initiative regarding water in the western United States might seem preposterous, given conventional wisdom and entrenched positions on state control of water resources. But there is a strong rationale, and a growing imperative, for a new federal water .policy for the West. Many river basins face serious problems as limited water supplies are over-allocated, demands continue to increase, and climate change promises to exacerbate the West's perennial problems of scarcity and variability. Solutions to such problems are likely to be expensive and will need to address national interests as well as state and local ...


Deportations Violate U.S., Global Laws, Jennifer Moore Nov 2014

Deportations Violate U.S., Global Laws, Jennifer Moore

Faculty Scholarship

The detention and summary deportation of these moms and kids is in violation of U.S. and international law.


We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu Nov 2014

We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu

Faculty Scholarship

The sad symptom of a judgmental culture


Why The Supreme Court Beard Case Matters, Dawinder S. Sidhu Oct 2014

Why The Supreme Court Beard Case Matters, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.


How Serious Is The Supreme Court About Religious Freedom?, Dawinder S. Sidhu Sep 2014

How Serious Is The Supreme Court About Religious Freedom?, Dawinder S. Sidhu

Faculty Scholarship

A new case will test whether the justices' defense of conscience in Hobby Lobby applies to minority religions like Muslims, or just to Christians.


10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu Sep 2014

10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.


Great Nations Can Work On Mistakes, Kevin Washburn Sep 2014

Great Nations Can Work On Mistakes, Kevin Washburn

Faculty Scholarship

No abstract provided.


The Responsibility To Protect In The Ebola Outbreak, Jennifer Moore Sep 2014

The Responsibility To Protect In The Ebola Outbreak, Jennifer Moore

Faculty Scholarship

When the UN General Assembly endorsed the Responsibility to Protect (R2P) in 2005, the members of the United Nations recognized the responsibility of states to protect the basic human and humanitarian rights of the world’s citizens. In fact, R2P articulates concentric circles of responsibility, starting with the individual state’s obligation to ensure the well-being of its own people; nested within the collective responsibility of the community of nations to assist individual states in meeting those obligations; in turn encircled by the responsibility of the United Nations to respond if necessary to ensure the basic rights of civilians, with ...


Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho Aug 2014

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- 1990 Fort Hall ...


Final Unified Decree For The Snake River Basin Adjudication, District Court Of The Fifth Judicial District Of The State Of Idaho, In And For The County Of Twin Falls Aug 2014

Final Unified Decree For The Snake River Basin Adjudication, 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 Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- 1990 Fort Hall ...


Brief For American Civil Liberties Union Of New Mexico, Ramirez V. Stateof N.M. Children Youth And Families Department, George Bach Aug 2014

Brief For American Civil Liberties Union Of New Mexico, Ramirez V. Stateof N.M. Children Youth And Families Department, George Bach

Faculty Scholarship

Brief on state sovereign immunity.


Humanitarian Protection For Unaccompanied Children From Central America, Jennifer Moore Jul 2014

Humanitarian Protection For Unaccompanied Children From Central America, Jennifer Moore

Faculty Scholarship

We are approaching World Humanitarian Day, an occasion to honor the talents, struggles, and sacrifices of tens of thousands of humanitarian workers serving around the world in situations of armed conflict, political repression, and natural disaster.


Indian Gaming – The Next 25 Years, Kevin Washburn Jul 2014

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing


Impossible Choices: Balancing Safety And Security In Domestic Violence Representation, Camille Carey, Robert A. Solomon Jul 2014

Impossible Choices: Balancing Safety And Security In Domestic Violence Representation, Camille Carey, Robert A. Solomon

Faculty Scholarship

Domestic violence victims often face the impossible choice between physical safety and financial security. State intervention can offer some protection to victims, but enlisting the criminal justice system through reporting domestic violence or restraining order violations can have drastic financial consequences. Involving the state is likely to lead to sanctions for the abuser which would ultimately deprive the victim of child support, alimony, and other financial support, which may be the totality of the victim’s financial resources. To avoid this result, many victims refuse to enforce court orders intended to maximize their safety. This article examines the context in ...


The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig May 2014

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

No abstract provided.


Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison May 2014

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics ...


Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Ryan Richard Morrison May 2014

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Ryan Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydroclimatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics model to evaluate the impacts of environmental flow alternatives on multiple water ...


Spring 2014 Utton Center Newsletter, Utton Center, Unm School Of Law Apr 2014

Spring 2014 Utton Center Newsletter, Utton Center, Unm School Of Law

Publications

No abstract provided.


Brief For Professors At Unm School Of Law As Amicus Curiae, Fry V. Lopez, George Bach Mar 2014

Brief For Professors At Unm School Of Law As Amicus Curiae, Fry V. Lopez, George Bach

Faculty Scholarship

Argument:

This Court should reject the application of the death sentence to Robert Fry and Tim Allen for statutory and constitutional reasons. First, H.B. 285, 49th Leg., 1st Sess. (N.M. 2009) repealed the statutory authority governing execution of the death sentence. Without statutory authority, the Corrections Department cannot act. In addition, in light of the repeal of the death sentence in New Mexico, the application of the death sentence to Mr. Fry and Mr. Allen would violate the Cruel and Unusual Punishment Clause and the Equal Protection Clause of the New Mexico Constitution. An alternative basis for precluding ...


Copyright Expert Burr Shares Love For Writing, Teaching, Sherri L. Burr Mar 2014

Copyright Expert Burr Shares Love For Writing, Teaching, Sherri L. Burr

Faculty Scholarship

Sherri Burr was one of the first to offer to teach a workshop at last year’s National Federation of Press Women (NFPW) conference in Salt Lake City. I was impressed with her enthusiasm for what she does. In addition, this amazing woman lectures around the world on copyright protection, in addition to being a university professor teaching intellectual property law in New Mexico. Meet another unique, unbelievable NFPW member.


How Law Schools Are Responding To Decreasing Applications And Job Prospects In The United States, Carol M. Suzuki Mar 2014

How Law Schools Are Responding To Decreasing Applications And Job Prospects In The United States, Carol M. Suzuki

Faculty Scholarship

No abstract provided.


Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn Feb 2014

Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary Indian Affairs United States Department of the Interior Before The Senate Committee on Indian Affairs On The Law and Order Commission Report: “A Roadmap for Making Native America Safer.”


Public Opinion And The Limits Of State Law: The Case For Federal Usury Caps, Nathalie Martin Feb 2014

Public Opinion And The Limits Of State Law: The Case For Federal Usury Caps, Nathalie Martin

Faculty Scholarship

Each year, states pour millions and millions of dollars of taxpayer money into regulating high-cost credit products like payday, title, and installment loans. These loans typically carry interest rates of 400-1,000% per annum. Most Americans are unaware that it is legal to charge these rates in some states. Moreover, most Americans, regardless of political affiliation, favor capping interest on consumer loans at 36% or less. While a number of states do cap interest on all consumer loans at 36% or less, the majority does not; the majority chooses instead to leave these loans unregulated or to use another regulatory ...


Forrest Gerard’S Legacy Is Self-Determination For Tribes, Kevin Washburn Jan 2014

Forrest Gerard’S Legacy Is Self-Determination For Tribes, Kevin Washburn

Faculty Scholarship

The passing of Albuquerque resident and former Assistant Secretary of Indian Affairs, Forrest J. Gerard, on Dec. 28 provides an opportunity to take stock of the important federal Indian policies he championed and his contributions to Native Americans across the country deserve to be celebrated.


Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos Jan 2014

Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos

Publications

A legal and policy infrastructure -- referred to as a "law of the river" -- exists for every river basin in the U.S. an can be as important as natural processes in terms of managing the future of the resource. Because of the way that water law and policy have evolved in the U.S., this infrastructure involves a matrix of state and federal law that governs the choices that policymakers, end users, and agencies make. This "law of the river" provides the context in which decisions are made and not made. It also draws the boundaries within which decision makers ...


For-Profit Public Enforcement, Max J. Minzner, Margaret H. Lemos Jan 2014

For-Profit Public Enforcement, Max J. Minzner, Margaret H. Lemos

Faculty Scholarship

This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers - the victims of law violations and their fee-seeking attorneys - will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private attorneys who ...


Think Like A (Mindful) Lawyer: Incorporating Mindfulness And Professional Identity Into The First-Year Curriculum, Nathalie Martin Jan 2014

Think Like A (Mindful) Lawyer: Incorporating Mindfulness And Professional Identity Into The First-Year Curriculum, Nathalie Martin

Faculty Scholarship

In this article, I add to the existing mindfulness literature by discussing other ways that law teachers might consider incorporating mindfulness and emotional intelligence into one or more of their classes. I also discuss the related idea of helping students develop a professional identity. Next, I focus on providing these tools in a first-year mandatory class and then attempt to provide a rationale, and a roadmap, for doing this. After explaining briefly what mindfulness and emotional intelligence are, I review literature from other disciplines on the benefits of mindfulness practice and emotional intelligence training. Next, I discuss how this training ...