Law Commons^™

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Publications

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …

Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa

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No abstract provided.

When Can The Baseball Writers For The Hall Of Fame Consider Cheating Through Ped Use, Or Not?, Wes R. Porter, Dan Dressman

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When the 2013 MLB Hall of Fame Ballot was released this past November, the heated discussion began about which controversial candidates, if any at all, would be inducted into Cooperstown (HOF). while isolated athletes have come up in previous years, this year represents a first real tension between the modern ear of baseball - the "steroid era" - and traditional standards for admission into the Hall. The 537 baseball writers are, and should be, entrusted to weigh cheating and use of PEDs against the HOF's criteria of "character," "sportsmanship" and "upholding the integrity of the game." These writers each will …

Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly

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No abstract provided.

Take An Active Role In Improving Legal Education, Wes R. Porter

Publications

As a law professor, catching up with classes, scholarship, and other work after a conference is always challenging. Last month, I returned to San Francisco from the first gathering of the previously-only-virtual community connected through the Educating Tomorrow’s Lawyers Initiative (ETL) and website. ETL, through a conference entitled "The Development of Professional Identity in Legal Education," brought together teams from its consortium schools, its ETL fellows, and many other legal education reform advocates. Upon my return, I was confronted with yet another demand on my time (and on my brain). Ideas. Many, many ideas.

Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

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No abstract provided.

Groundwater In New Mexico, Darcy Bushnell

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No abstract provided.

Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law

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No abstract provided.

Use Of Role Play And Interview Modes In Law Clinic Case Rounds To Teach Essential Legal Skills And To Maximize Meaningful Participation, Helen Kang

Publications

Case rounds are a common feature of the seminar component of clinical programs. This article describes using in the case rounds setting multiple design elements, including role plays and formalized interviews, to enhance student learning and engagement. In the rounds described here, a student presenter is asked to adopt the role of her opponent in her clinic case and to explain succinctly the opponent's case, followed by an informational session in which the student presenter is allowed only to give short answers in response to questions from her clinic peers; and after the question-and-answer session, students and their professors debrief …

Viewpoint: Slain Diplomat, A Hastings Grad, 'Helped Me Find My Better Angel', Rachel A. Van Cleave

Publications

John Christopher Stevens, the U.S. ambassador to Libya who was killed there on Sept. 11, was a 1989 graduate of UC-Hastings. Rachel Van Cleave, a classmate of his and now the interim dean at Golden Gate University School of Law, spoke at a vigil for Stevens on the Hastings campus this week. What follows is an excerpt of her remarks.

Recognizing The Link Among Climate Change, Food, And Poverty, Helen H. Kang

Publications

The United States must begin to meet in earnest the challenges that climate change poses to adequate nutrition for the poor and the hungry. Climate change is profoundly affecting agriculture and is expected to continue to do so, resulting in sometimes-sharp food-price fluctuations to which our government at all levels is unprepared to respond. While those with resources may be able to cope with price volatility, those who are already undernourished are less able without government programs nimbly responding to fluctuations in food prices. Compounding the problem for U.S. households, the predicted cost increases of other necessities such as energy …

Blind Discretion: Girls Of Color & Delinquency In The Juvenile Justice System, Jyoti Nanda

Publications

The juvenile justice system was designed to empower its decisionmakers with a wide grant of discretion in hopes of better addressing youth in a more individualistic and holistic, and therefore more effective, manner. Unfortunately for girls of color in the system, this discretionary charter given to police, probation officers, and especially judges has operated without sufficiently acknowledging and addressing their unique position. Indeed, the dearth of adequate gender/race intersectional analysis in the research and the stark absence of significant system tools directed at the specific characteristics of and circumstances faced by girls of color have tracked alarming trends such as …

Bound To Arbitrate, Jon H. Sylvester

Publications

When can arbitration be compelled by a party who did not sign the agreement containing the arbitration provision? This question was raised recently in a well-publicized and ongoing San Francisco Superior Court lawsuit alleging gender bias and discrimination at the Silicon Valley venture capital firm Kleiner Perkins Caufield & Byers.

Not A Ceqa Question, Alan Ramo

Publications

Until the California Supreme Court speaks, the environment's impact on a project is not subject to environmental review.

Children Aren't Adults, Even When They Kill, Reichi Lee

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No abstract provided.

Beyond The Shelves: Westlawnext Vs. Lexis Advance, Jodi Collova

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WestlawNext and Lexis Advance — the new generation of legal research systems from Thomson Reuters and LexisNexis — have a new interface with a single search box like Google, a new search engine and other new features. While they share many similar new attributes, the two systems differ in several ways.

Federal Air Pollution Requirements, Helen Kang

Publications

The Clean Air Act is notoriously difficult to navigate and enforce. The difficulty is in part due to the act's regulatory scheme, which is inferior in critical ways to the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Unlike the Waste Discharge Requirements covering discharges of pollution into water bodies issued by the Regional Water Quality Control Board, which contain both federal and state requirements in a single permit, the Clean Air Act does not require a single permit for all facilities that pollute the air. Also significant, the Clean Air Act does not require self-reporting …

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

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No abstract provided.

American Indian Water Right Settlements, Darcy Bushnell

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No abstract provided.

Trademark And Copyright Enforcement In The Shadow Of Ip Law, William T. Gallagher

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In recent years, as Congress has created new intellectual property (IP) rights and courts have often interpreted those rights broadly, legal scholars have frequently decried the expanded scope of protection afforded IP owners in most substantive areas of IP law. According to this critique, the over-expansion of IP rights throughout the past two decades harms competition, chills free speech, and diminishes the public domain as increasingly broad areas of social life are brought within the scope of strong IP protection. While this over-expansion theory reflects an important-indeed, foundationalpolicy debate concerning the proper balance between IP owners' rights and the public's …

New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer

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No abstract provided.

A Renewable Future: Jerry Brown's Environmental Agenda, Clifford Rechtschaffen, Ken Alex

Publications

The Environmental Law Section was honored to welcome Cliff Rechtschaffen and Ken Alex, two prominent Senior Advisors to Governor Jerry Brown, as its featured speakers for the first plenary session at the 2011 Environmental Law Conference at Yosemite® last October. Messrs. Rechtschaffen and Alex led a lively discussion of energy and environmental issues in the Brown administration, which touched on topics ranging from the Governor's agenda for addressing climate change to the Office of Planning and Research's approaches to CEQA to the administration's vision for a California with 50 million people, among others. They have adapted the following article from …

Immigration And Naturalization Law, Johanna K.P. Dennis, Et Al.

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This article summarizes developments in immigration and naturalization law during 2011.

Right Of Publicity And The Intersection Of Copyright And Trademark Law, Marc Greenberg, Michael L. Lovitz

Publications

The Right of Publicity has its root in privacy law. Samuel Warren and Louis Brandeis, in an 1890 article in the Harvard Law Review, first defined this right as the right “to be left alone”. William Prosser followed their lead by enunciating a personal right of privacy based in four categories: 1) Protection against intrusion into one’s private affairs; 2) Avoidance of disclosure of one’s embarrassing private facts; 3) Protection against publicity placing one in a false light in the public eye; and 4) Remedies for appropriation, usually for commercial advantage, of one’s name or likeness.

The first three of …

Resolving Arbitrability, Jon H. Sylvester

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No abstract provided.

Lawyers' Ethics In Real Estate Transactions, Roger Bernhardt, Robert L. Kehr

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In the past few months, two California decisions have made strong statements to lawyers about improper behavior in handling real estate matters for their clients. One such case is concerned with going into business with a client while representing the client and the other case addresses supporting the other side after the termination of the client's representation.

So Your Paralegal Is Applying To Law School, Angela Dalfen

Publications

More than 40,000 individuals will apply to law school this fall. Some of them no doubt work in your law office, and may be asking you to write a letter of recommendation to add to their application materials. You may be surprised to learn that these letters do get read. In fact, a strong letter of recommendation from someone familiar with the applicant's strengths and level of exposure to the realities of day-to-day legal practice can make a big impact. These letters often tip the scales when an admissions committee is uncertain whether to admit a candidate with a perceived …

Latent Print Examination And Human Factors: Improving The Practice Through A Systems Approach: The Report Of The Expert Working Group On Human Factors In Latent Print Analysis, David H. Kaye, Thomas Busey, Melissa R. Gische, Gerry Laporte, Scott A. Shappell, Et Al.

Publications

Fingerprints have provided a valuable method of personal identification in forensic science and criminal investigations for more than 100 years. Fingerprints left at crime scenes generally are latent prints—unintentional reproductions of the arrangement of ridges on the skin made by the transfer of materials (such as amino acids, proteins, polypeptides, and salts) to a surface. Palms and the soles of feet also have friction ridge skin that can leave latent prints. The examination of a latent print consists of a series of steps involving a comparison of the latent print to a known (or exemplar) print. Courts have accepted latent …

Living With Tied Priority, Roger Bernhardt

Publications

This article analyzes a recent California appellate decision holding that two lenders had equal priority because their mortgages were deemed received by the county recorder’s office at the same time when the overnight mail was opened.

An Early Exercise In Trial Ad: Advocacy Personality Presentations, Wes R. Porter

Publications

'What is the "most productive" early exercise in trial advocacy? Through experimentation, I think I may have found it. Let's call it "Advocacy Personality Presentations."