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Full-Text Articles in Law

Punitive Damages, Criminal Punishment, And Proportionality: The Importance Of Legislative Limits, Leo M. Romero Nov 2008

Punitive Damages, Criminal Punishment, And Proportionality: The Importance Of Legislative Limits, Leo M. Romero

Faculty Scholarship

This Article addresses the timely and controversial topic of constitutional limits on punitive damages and brings a criminal punishment theory perspective to the analysis of this issue. The question of how to determine when punishment is unconstitutionally excessive has been and continues to be a subject of intense debate in the courts and scholarly circles. The United States Supreme Court has subjected criminal sanctions, criminal forfeitures, and punitive damages to a proportionality requirement, but the Court uses different approaches to the proportionality analysis depending on the type of punishment. In the criminal context, the Court has retreated in large part …


Land Use, Water Conservation And Other Things To Think About, Dale Dekker Oct 2008

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.


Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons Oct 2008

Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons

Publications

No abstract provided.


Regulating Land Use - Protecting The Water, Joseph Quintana Oct 2008

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.


Role Of The State - Ose Water Availability Opinions, John Longworth, P.E. Oct 2008

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.


Are We Making The Land/Water Connection?, Lora A. Lucero Oct 2008

Are We Making The Land/Water Connection?, Lora A. Lucero

Publications

No abstract provided.


Land & Water Planning In The Middle Valley, Sandy Fish Oct 2008

Land & Water Planning In The Middle Valley, Sandy Fish

Publications

No abstract provided.


America's Unknown Constitutional World, Christian G. Fritz Oct 2008

America's Unknown Constitutional World, Christian G. Fritz

Faculty Scholarship

Historical and popular understandings of the American constitutional tradition have adopted the contentions of only one side of this debate and its role in bringing about the 1787 constitution. In doing so, these accounts miss much of that tradition’s actual history.


Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna Sep 2008

Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna

Faculty Scholarship

This white paper recommends a series of seven Executive Orders to the new Administration, all in the areas of health, safety, and the environment. Each of the suggested Executive Orders directs agencies of the government to take specific steps that would make a realworld difference and simultaneously send a signal to the public, Congress, the business community, and others that a new course has been charted and that change has arrived.


Using Your Tribal Values To Develop An Elder Protection Code: A Step-By-Step Guide For Communities, 2nd Edition, Tribal Elder Abuse Task Force Aug 2008

Using Your Tribal Values To Develop An Elder Protection Code: A Step-By-Step Guide For Communities, 2nd Edition, Tribal Elder Abuse Task Force

Tribal Voices (Events)

The Elder Abuse Task Force organized in 2005 to address elder abuse in New Mexico tribes and Pueblos. Through many meetings and discussions, the Task Force realized that rather than develop a model code; a process was needed by which the tribes and Pueblos of New Mexico could develop a code specific to a community’s governance, traditions, and values. Since the process may be applied to many different communities, the Task Force hopes that this workbook will be a resource used throughout Indian Country.

The purpose of this workbook is to protect elders from abuse in their communities. This workbook …


Soboba Band Of Luiseño Indians Water Rights Settlement Act Of 2008, United States 110th Congress Jul 2008

Soboba Band Of Luiseño Indians Water Rights Settlement Act Of 2008, United States 110th Congress

Native American Water Rights Settlement Project

Federal Legislation: Soboba Band of Luiseño Indians Settlement Act, PL 110-297, 122 Stat. 2975 (July 31, 2008). The Act ratifies the Settlement Agreement dated June 7, 2006, between the Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern CA. The Tribe will receive an adequate and secure future water supply (9,000 acre-feet per year); $18 million from Eastern and Lake Hemet water districts for economic development; $11 million from the federal government for water development; and 128 acres of land near Diamond Valley Lake for commercial development. The …


Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young Jul 2008

Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young

Publications

No abstract provided.


Ethics, Professionalism And Politics, Ronald Kaiser Jul 2008

Ethics, Professionalism And Politics, Ronald Kaiser

Publications

No abstract provided.


Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn Jul 2008

Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn

Publications

No abstract provided.


The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law Jul 2008

The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker Jul 2008

Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker

Publications

No abstract provided.


Congressional Concerns Related To The Energy-Water Nexus, Erik Webb Jul 2008

Congressional Concerns Related To The Energy-Water Nexus, Erik Webb

Publications

No abstract provided.


Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney Jul 2008

Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney

Publications

No abstract provided.


Book Review: Lincoln And The Court By Brian Mcginty, Joshua E. Kastenberg Jul 2008

Book Review: Lincoln And The Court By Brian Mcginty, Joshua E. Kastenberg

Faculty Scholarship

This book is unique in its approach and topic. Its quality ranks with other recent works on Lincoln and the Civil War such as Doris Kearns Goodwin's Team of Rivals, despite its minor shortcomings. The real winner in this book is the reader. Anyone interested in the expansion of military law, particularly in the post-9/ 11 world, will find great merit in McGinty's work.


A Sesquicentennial Historic Analysis Of Dynes V. Hoover And The Supreme Court’S Bow To Military Necessity: From Its Relationship To Dred Scott V. Sanford To Its Contemporary Influence, Joshua E. Kastenberg Jul 2008

A Sesquicentennial Historic Analysis Of Dynes V. Hoover And The Supreme Court’S Bow To Military Necessity: From Its Relationship To Dred Scott V. Sanford To Its Contemporary Influence, Joshua E. Kastenberg

Faculty Scholarship

This Article is a legal history of a case cited by the Court thirty-six times in determining issues ranging from military jurisdiction over war crimes to the shaping of how the military punitively governs its own members. That is, this Article analyzes the ideologies of the proponents of Dynes, and what those proponents hoped to achieve, as well as how the case has evolved to influence military law to the present day. Part I provides a synopsis of the pre-Civil War development of military law, as well as the factual background and ultimate decision in Dynes. Part II analyzes the …


El Dia De Los Muertos, The Death And Rebirth Of The Environment Movement, Eileen Gauna Jul 2008

El Dia De Los Muertos, The Death And Rebirth Of The Environment Movement, Eileen Gauna

Faculty Scholarship

In 2004, in response to an article titled Death of Environmentalism, many in the environmental community engaged in a debate about whether the environmental movement was capable of adequately inspiring the public to effectively respond to climate change. This Article examines the strand of this debate that centered upon responses from environmental justice actors to the larger environmental community. Specifically, the ensuing conversations raised questions about who, precisely, is the environmental community, what is its historical legacy, how should the environment be conceptualized to promote more effective climate policy, the role of technocratic solutions, and the need for transformative coalition …


Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak Jul 2008

Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak

Faculty Scholarship

Nearly two years after former Attorney General Alberto R. Gonzales proposed a slate of reforms to quell growing discontent over the quality of decisions from Immigration Judges and the Board of Immigration Appeals (BIA), a series of critical reports this summer thrust the nation's immigration courts back in the national spotlight.


Fritz, Christian G.: American Sovereigns: The People And America's Constitutional Tradition Before The Civil War (Book Review), William E. Kelly Jun 2008

Fritz, Christian G.: American Sovereigns: The People And America's Constitutional Tradition Before The Civil War (Book Review), William E. Kelly

Faculty Scholarship

No abstract provided.


Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D. Jun 2008

Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D.

Publications

No abstract provided.


Rio Grande Reservoir Symposium: Federal Perspective - Upper Rio Grande Operations Model And Urwops Update, April Sanders Jun 2008

Rio Grande Reservoir Symposium: Federal Perspective - Upper Rio Grande Operations Model And Urwops Update, April Sanders

Publications

No abstract provided.


The Arkansas And Republican River Compacts: Litigation And Lessons, John B. Draper Jun 2008

The Arkansas And Republican River Compacts: Litigation And Lessons, John B. Draper

Publications

No abstract provided.


Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer Jun 2008

Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer

Publications

No abstract provided.


An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon Jun 2008

An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon

Publications

No abstract provided.


Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan Jun 2008

Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan

Publications

No abstract provided.


Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth Jun 2008

Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth

Publications

No abstract provided.