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Full-Text Articles in Law

Opinion Denying Defendants' Motion To Dismiss, Harold H. Greene Dec 1996

Opinion Denying Defendants' Motion To Dismiss, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.


A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld Dec 1996

A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld

Faculty Scholarship

The author recounts a photography course that taught the three keys to an effective photograph: determining theme, focusing attention on char theme, and simplifying. This article adapts these three keys to legal writing to teach and remind writers of the necessary components of an effective legal document. This method provides a new way to look at old teachings.


Water Management Strategy For The Middle Rio Grande Valley, Jeff Whitney, Rob Leutheuser, Rich Barrios, Dick Kreiner, John Whipple, Subhas Shah, Gary Daves Nov 1996

Water Management Strategy For The Middle Rio Grande Valley, Jeff Whitney, Rob Leutheuser, Rich Barrios, Dick Kreiner, John Whipple, Subhas Shah, Gary Daves

Aquatic Ecology Symposium

No abstract provided.


Jicarilla Apache Water Rights Settlement Act Amendment Of 1996, United States 104th Congress Oct 1996

Jicarilla Apache Water Rights Settlement Act Amendment Of 1996, United States 104th Congress

Native American Water Rights Settlement Project

Federal legislation: Act of October 9, 1996 - Sec. 2, Amendment to the Jicarilla Apache Water Rights Settlement Act of 1992, PL 104-261 §2, 110 Stat. 3176. Parties: Jicarilla Apache Nation and US. An amendment to the Settlement Act of 1992 to move the adjudication decree deadline from December 31, 1996 to December 31, 1998. Related to rights in the Rio Chama drainage. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]


1996 Amendment To The San Carlos Apache Tribe Water Rights Settlement, United States 104th Congress Oct 1996

1996 Amendment To The San Carlos Apache Tribe Water Rights Settlement, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: 1996 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, PL 104-261, § 3,100 Stat. 3176 (Oct. 9, 1996). Parties San Carlos Apache Tribe & US. Section 3711(b)(1) of Title XXXVII of the San Carlos Apache Tribe Water Rights Settlement of 1992 (106 Stat. 4752) is amended by striking `December 31, 1996' and inserting `June 30, 1997'. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]


Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum Oct 1996

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.


Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette Oct 1996

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.


A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg Jul 1996

A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes the duties placed on the stadium and event-site owners to prevent such injuries, as well as the defenses available to stadium and event-site owners. Spectator injuries constitute a large area of negligence law and there is a commonality among the various spectator sports. This article analyzes stadium/event-site owner liability in a three-dimensional model. The purpose of a three-dimensional model is to unweave the complex fabric which constitutes liability for spectator injuries. Various sports are independently analyzed in the first section, which represents one dimension. Part II assesses three common types of jurisdictions which affect the stadium/event-site owner's …


An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg Jul 1996

An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg

Faculty Scholarship

This article centers on the influences of the Enlightenment through Voltaire on both the framers of American law and on the Eighth Amendment's prohibition against cruel and unusual punishment. Before discussing the weight of Voltaire's influence on the law makers in the early republic, it is first important to envision a general picture of both Enlightenment philosophy and the experiences of Voltaire in Eighteenth Century France. Therefore, in Part I, this paper examines Seventeenth and Eighteenth Century Enlightenment philosophy on criminal punishment, as well as the philosophy of Voltaire. Part II addresses a similar exploration of the impact of this …


Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna Jul 1996

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …


Errata--Motion For A Status Conference, Thomas R. Bartman Jun 1996

Errata--Motion For A Status Conference, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.


Affidavit Of L. Lamar Parrish, L. Lamar Parrish Jun 1996

Affidavit Of L. Lamar Parrish, L. Lamar Parrish

Sandia Pueblo Mountain Claim

No abstract provided.


From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey Jun 1996

From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey

Student Thesis Honors (1996-2008)

This paper examines the law and ethics of media outing. First, it explains the history of outing and the arguments for and against it. Next, it evaluates the potential causes of action for an outing victim and proposed changes in the law. Third, this paper explores the possibility that the best response to outing may be a non-legal one: better ethics in journalism.


Affidavit Of Elizabeth A. Brandt, Ph.D. (With Resume), Elizabeth A. Brandt Jun 1996

Affidavit Of Elizabeth A. Brandt, Ph.D. (With Resume), Elizabeth A. Brandt

Sandia Pueblo Mountain Claim

No abstract provided.


A Good Regulation Went Bad: Fractional Elk Graze New Mexico, Brian Thomas Jun 1996

A Good Regulation Went Bad: Fractional Elk Graze New Mexico, Brian Thomas

Student Thesis Honors (1996-2008)

In 1989, the New Mexico State Game Commission (SGC) and Department of Game and Fish (DGF) promulgated the first of a new generation of regulations governing private landowner permits for elk. These regulations proposed to provide compensation to landowners for elk which invade and destroy their private property. With modifications, that original regulation was re-promulgated in 1995 as 19 N.M.A.C. 30.5, Private Land Elk License Allocation. The regulation requires landowners to demonstrate elk depredations, and once shown, allows the landowner access to a permit distribution system. Rather than "tooth and claw" depredations caused by large carnivores, elk cause "displacement" depredations. …


Female Genital Mutilation: A Form Of Persecution, Beth Ann Gillia May 1996

Female Genital Mutilation: A Form Of Persecution, Beth Ann Gillia

Student Thesis Honors (1996-2008)

26 p. ; An outstanding student paper selected as a Honors Paper.


Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz May 1996

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.


Affidavit Of Rick Hendricks, Ph.D. (With Resume), Rick Hendricks May 1996

Affidavit Of Rick Hendricks, Ph.D. (With Resume), Rick Hendricks

Sandia Pueblo Mountain Claim

No abstract provided.


Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna Apr 1996

Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna

Natural Resources Journal

No abstract provided.


In Search Of The Deliberative Initiative: A Proposal For A New Method Of Constitutional Change, Arne R. Leonard Apr 1996

In Search Of The Deliberative Initiative: A Proposal For A New Method Of Constitutional Change, Arne R. Leonard

Student Thesis Honors (1996-2008)

The use of citizen's initiatives to amend state constitutions reached record high levels in the 1992-93 biennium. Proponents of the initiative argue that it provides a healthy means of turning a voter's distrust into much-needed governmental reform. Yet critics are quick to point out that correcting the abuses of representative government is not the only objective of the initiative campaigns of the 1990s. The initiative also has been used to denigrate the rights of minorities. In addition to threatening the rights of minorities, some critics argue this weapon may undermine the federal guarantee that each state shall have a republican …


Front Matter, United States-Mexico Law Journal Mar 1996

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 1996

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Highways And Byways Of Nafta Commercial Law: The Challenge To Develop A Best Practice In North American Trade, Boris Kozolchyk Mar 1996

Highways And Byways Of Nafta Commercial Law: The Challenge To Develop A Best Practice In North American Trade, Boris Kozolchyk

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: Comments On The Tension Between Trade And Antitrust Laws, Jimmie V. Reyna, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Eleanor M. Fox, John Gero, Terenca P. Stewart, Michael W. Gordon Mar 1996

Panel Discussion: Comments On The Tension Between Trade And Antitrust Laws, Jimmie V. Reyna, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Eleanor M. Fox, John Gero, Terenca P. Stewart, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Antitrust Enforcement In Mexico 1993-1995 And Its Prospects, Gabriel Castaneda Gallardo Mar 1996

Antitrust Enforcement In Mexico 1993-1995 And Its Prospects, Gabriel Castaneda Gallardo

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The View From North Of The Border: A Canadian Pespective On Trade And Competition Views In North America, John Gero Mar 1996

The View From North Of The Border: A Canadian Pespective On Trade And Competition Views In North America, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Harmonization Of Antitrust And Antidumping Laws: An Opportunity For Creative Experimentation In The North American Free Trade Area, Harvey M. Applebaum Mar 1996

Harmonization Of Antitrust And Antidumping Laws: An Opportunity For Creative Experimentation In The North American Free Trade Area, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some "Heretical" Observations On The Interaction Of U.S. Trade And Competition Laws: A Defense Of U.S. Antidumping And Countervailing Duties, Terence P. Stewart, Timothy C. Brightbill Mar 1996

Some "Heretical" Observations On The Interaction Of U.S. Trade And Competition Laws: A Defense Of U.S. Antidumping And Countervailing Duties, Terence P. Stewart, Timothy C. Brightbill

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 2: The U.S. And Mexican Companies Agree Upon Some Vertical Restraints Of Trade In Their Contract, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum Mar 1996

Panel Discussion Part 2: The U.S. And Mexican Companies Agree Upon Some Vertical Restraints Of Trade In Their Contract, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion Part 1: Establishing An Agency Or Distributorship In Mexico, Boris Kozolchyk, Ignacio Gomez-Palacio, Juan Manuel Trujillo Mar 1996

Panel Discussion Part 1: Establishing An Agency Or Distributorship In Mexico, Boris Kozolchyk, Ignacio Gomez-Palacio, Juan Manuel Trujillo

United States - Mexico Law Journal (1993-2005)

No abstract provided.