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Full-Text Articles in Law

Governor Richardson's Task Force On Ethics Reform: Report Of Recommendations, Garrey E. Carruthers, Suellyn Scarneccia Oct 2006

Governor Richardson's Task Force On Ethics Reform: Report Of Recommendations, Garrey E. Carruthers, Suellyn Scarneccia

Governor Richardson's Task Force on Ethics Reform (2006)

Governor Bill Richardson created the Governors Task Force on Ethics Reform to develop a comprehensive approach to reforming New Mexico's ethics and campaign finance laws. During the course of its work, the task force discussed issues pertinent to campaign finance, governmental conduct, legislative compensation and prevention and enforcement. After discussing the broad range of issues to be included in a recommended reform package, the task force members agreed to make recommendations to establish a state ethics commission; to limit the receipt of gifts by state officials; to establish campaign contribution limits; to strengthen campaign reporting laws; to provide legislative expense …


Subcommittee Report On The Establishment Of A State Ethics Commission, Jim Noel, Leonard Sanchez, Stuart Bluestone, Kathy Mccoy, Brad Winter, John Carey Aug 2006

Subcommittee Report On The Establishment Of A State Ethics Commission, Jim Noel, Leonard Sanchez, Stuart Bluestone, Kathy Mccoy, Brad Winter, John Carey

Governor Richardson's Task Force on Ethics Reform (2006)

The establishment of a State Ethics Commission relates directly to ethics reform in the state of New Mexico. Such a commission does not exist in New Mexico, the establishment of which would represent a tangible and concrete manifestation of a state commitment to ethics reform, as well as the top-down expectation that state officials (elected or otherwise) will be held to the highest standard of conduct in the performance of their duties. In addition, while New Mexico does have statutory proscriptions against certain kinds or conduct or requiring other kinds of conduct (i.e., the Government Conduct Act, the Procurement Act, …


Governor's Task Force On Ethics Reform Materials: Part Two (Bibliography), Governor's Task Force On Ethics Reform Aug 2006

Governor's Task Force On Ethics Reform Materials: Part Two (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations of material from state ethics commissions and the National Conference of State Legislatures.


Governor's Task Force On Ethics Reform Materials: Part One (Bibliography), Governor's Task Force On Ethics Reform Aug 2006

Governor's Task Force On Ethics Reform Materials: Part One (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations from state ethics commissions as well as publications from the State Conference of State Legislatures.


New Mexico's Current Anti-Corruption/Ethics Laws: A Bibliography, Governor's Task Force On Ethics Reform Aug 2006

New Mexico's Current Anti-Corruption/Ethics Laws: A Bibliography, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

A listing of citations for current (as of 2006) New Mexico anti-corruption and ethics laws.


Discussion Group Report: Prevention & Enforcement, Jim Noel, Stuart Bluestone, John Carey, Zachary Shandler Jun 2006

Discussion Group Report: Prevention & Enforcement, Jim Noel, Stuart Bluestone, John Carey, Zachary Shandler

Governor Richardson's Task Force on Ethics Reform (2006)

New Mexico has a mix of ethical canons and statutes, including the Government Conduct Act, the Procurement Code, Financial Disclosure Act, and others. The Judicial branch has its own code of conduct, as does the Legislative branch. The Government Conduct Act encourages Executive branch agencies to develop and maintain agency specific codes of conduct. It is important to note the distinction between ethical canons, which could result in administrative discipline or sanctions, and criminal/civil statutory provisions, violations of which can result in criminal fines, penalties, etc. This report provides a brief summary of the existing ethics laws, mechanisms for enforcement, …


Discussion Group Report: Campaign Finance, Matt Brix, Brad Winter, Andrew Montgomery Jun 2006

Discussion Group Report: Campaign Finance, Matt Brix, Brad Winter, Andrew Montgomery

Governor Richardson's Task Force on Ethics Reform (2006)

Campaign finance' laws cover the manner in which money is raised, spent and reported by candidate committees, political action committees, political parties and independent expenditure groups. This report will examine existing laws in New Mexico, potential problem areas in those laws and options for amending current laws. The real or perceived influence of money on the political process creates an inevitable tension between the right to free speech on the one hand, and the established norm of one person, one vote on the other. Existing laws governing campaign finance in New Mexico focus on reporting requirements, limits on campaign spending, …


Discussion Group Report: Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller Jun 2006

Discussion Group Report: Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller

Governor Richardson's Task Force on Ethics Reform (2006)

Governmental conduct' covers behavior by a wide range of individuals, engaging in a broad scope of activities, and is addressed by a variety of statutes, rules, and codes of conduct. This report concerns the conduct of all persons occupying a position of public trust in New Mexico: elected officials, appointed officials, and classified and exempt state employees. All of these individuals owe important ethical duties to the citizens of New Mexico. Laws and rules regulating government conduct are largely concerned with 1) restrictions on the behavior of individual actors, and 2) disclosure and reporting of government activities so that those …


Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller Jun 2006

Governmental Conduct, Hilary Tompkins, Gaye Kernan, Maralyn Budke, Justin Miller

Governor Richardson's Task Force on Ethics Reform (2006)

This presentation covers the following issues of governmental conduct: gifts, nepotism, lobbying, and conduct of government officials.


Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon Jun 2005

Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon

Student Thesis Honors (1996-2008)

Striving to preserve the institution of marriage for heterosexual couples, Congress passed the Defense of Marriage Act (DOMA) in 1996. DOMA was billed as promoting state autonomy by letting the states decide whether same-sex couples might legally wed, and whether or not to validate one another's decisions regarding same-sex marriage. Not convinced that the states could correctly decide so vital an issue, Congress launched the Federal Marriage Amendment in May 2003, defining marriage as restricted to a legal union between one man and one woman across the nation. However, fearing the light of scrutiny by what they call the activist …


Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce Jun 2005

Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce

Student Thesis Honors (1996-2008)

Congress signed the Individuals with Disabilities Education Act ("IDEA") into law with the express intent that individuals with disabilities receive a free and appropriate public education that is designed to meet their individual needs. In circumstances where parents believe the limited scope of remedies construed to be available under the IDEA is inadequate: the use of 42 U.S.C. 1983 ("Section 1983"); among other laws: has garnered special appeal. The courts, however, have split on the issue of whether 42 U.S.C. Section 1983 is available to plaintiffs seeking to allege a statutory violation of the IDEA. This Note will explore whether …


Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre Jun 2005

Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre

Student Thesis Honors (1996-2008)

Copyright law governing digital music sampling is faced with two competing interests: (1) owners of recording and composition copyrights need to be reasonably compensated when their creative works are re-used by sampling artists, but (2) sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system is needed that balances these interests and that reduces the degree of uncertainty that arises whenever a sample gets used that infringes a copyright. This Essay will discuss the current state of the law as it relates to digital sampling and will proceed to …


A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt Jun 2005

A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt

Student Thesis Honors (1996-2008)

Although some form or another of human trafficking occurs in practically every corner of the world, for the purposes of this paper, I will focus on the ramifications of HIV/AIDS infection in victims of trafficking in the United States. As the HIV/AIDS crisis continues to grow, victims of trafficking face increasingly difficult obstacles to gaining legal status and healthcare in this country. The first portion of this paper will describe the history of trafficking and prostitution and the HIV/AIDS epidemic. The second portion will discuss current legislative action regarding trafficking. The third portion will analyze many of the complex issues …


Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez Jun 2004

Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez

Student Thesis Honors (1996-2008)

Although the Haratin live throughout North Africa, this paper focuses specifically upon the Haratin of the Tafilalt Oasis region of southern Morocco. Section one is devoted to the social history of the Haratin in order to 'locate' their position in modem Moroccan society. In particular, this section examines the multi-dimensional aspects of their identity, including the process of naming, and the exclusion of their indigenous identity by the majority of Moroccans. This section also scrutinizes the affect of race and class on the formation of Haratin identity. Section II discusses the Ait 'Atta Berber tribe's customary law and their political …


The Legal Construction Of Gender, Trena Lee Klohe May 1998

The Legal Construction Of Gender, Trena Lee Klohe

Student Thesis Honors (1996-2008)

The existence of biologically, psychologically and socially transgendered persons challenges commonplace notions about "the sexes." The entry of transgendered persons and their concerns into the legal arena has forced the law on occasion to examine its usually implicit assumptions about sex and gender. This paper explores the following questions: is sex truly an "immutable characteristic" for all legal purposes? If not, at what point and under what circumstances does the law acknowledge a change from one sex to the other? This paper also examines the legal enforcement of gendered social norms. Such norms are frequently at odds with personal experience, …


New Mexico Bad Faith, Cheryl Thompson Apr 1998

New Mexico Bad Faith, Cheryl Thompson

Student Thesis Honors (1996-2008)

With the introduction of the automobile came a marked increase in complaints and tension between insureds and their insurance companies. As a result, a significant development in insurance law is that insurers may be held liable in tort for bad faith performance of their duties to insureds. The law of bad faith contemplates that a special relationship exists between insurance companies and their insureds. Recognizing the unique peculiarities of the insurance environment, courts have fashioned the tort of bad faith as a way of regulating the insurer-insured relationship. The underlying premise of the law of bad faith is that insurers …


The Forest Service, Water Yield, And Community Stability: Defining The Contours Of An Agency Commitment To Include Land Grant Communities In The Timber Management Process, Brett Olsen Apr 1998

The Forest Service, Water Yield, And Community Stability: Defining The Contours Of An Agency Commitment To Include Land Grant Communities In The Timber Management Process, Brett Olsen

Student Thesis Honors (1996-2008)

John Wesley Powell\'s 1878 Report on the Lands of the Arid Region of the United States and later Irrigation Surveys proposed a settlement pattern based upon watersheds or "hydrographic basins." Powell\'s plan died ingloriously in the Senate Committee on Irrigation. Profligate overgrazing and logging in the West\'s forested uplands would force the federal reservation of the National Forests under the Organic Administrative Act of 1897. The Act directed the management of reserved, upland watersheds for the twin purposes of "securing favorable conditions of water flows, and to furnish a continuous supply of timber for the ... citizens of the United …