Legal History Commons^™

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.

The Commons, Capitalism, And The Constitution, George Skouras

George Skouras

Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

American Indian Water Rights, Michael Osborn, Darcy S. Bushnell

Water Matters!

Pueblos and tribal reservations are located within most of the larger stream systems in New Mexico. Each has claims to rights to use the water in its stream. In New Mexico, Indian rights are significant because of their early priority dates, because of the large amounts of water rights claimed, or both. In some instances, such claims have the potential to displace a significant number of junior water rights.

Common law theories or doctrines pertaining to Indians continue to be judicially refined and to evolve so that discussing the nature and extent of “Indian water rights” is a complex topic.

State And Regional Water Planning, Brigette Buynak, Susan Kelly, Sarah Armstrong

Water Matters!

A statewide water planning effort was initiated by the New Mexico legislature in the 2003 session. The Interstate Stream Commission (ISC),in collaboration with the Office of the State Engineer (OSE) and the Water Trust Board, was tasked with preparing and implementing a comprehensive state water plan. Regional water planning had begun much earlier, prompted by a lawsuit that El Paso filed against New Mexico in 1983, El Paso v. Reynolds.

The State Water Plan Act of 2003 (Act) was intended to promote stewardship of the state’s water resources and to establish clear policies and strategies for management of the state’s …

Groundwater, Darcy S. Bushnell, Diego Urbina

Water Matters!

Since the late nineteenth century, New Mexicans have been developing the state’s groundwater resources. From hand-dug wells to proposed wells that could penetrate to 12,000 feet, residents have sought sources to supplement and replace surface water. The state relies upon groundwater to supply almost 50 percent of its needs.

As the population grows and drought intensifies, groundwater sources are tapped with increasing urgency. Limited steps are being taken to preserve groundwater through conservation, groundwater recharge, and regulation.

Deep Water Regulation, Paul Bossert, Kari Olson

Water Matters!

With most of the surface water in New Mexico fully appropriated and with groundwater sources being drawn down and becoming less reliable, the search for new sources of water is reaching further and further afield of traditional sources and methods. Water wells deeper than 2,000 feet have been rare due to the expense of deep drilling and the uncertainty of finding potable water. Yet the combined circumstances of advances in hydrology and the escalating demand for new water have driven the search for water deeper than was previously considered practical.

Community Water Systems, Joanne Hilton, Susan Kelly, Sarah Armstrong

Water Matters!

Apart from the major cities along the Rio Grande corridor, much of New Mexico remains relatively rural. Recent studies estimate a 2013population of around 2,085,500 statewide. In the state fiscal year 2011,about 1,836,000 people, or 88 percent of New Mexico’s population obtain their water from community water systems. Approximately 284,000 people, or about14 percent of the population, receive their drinking water from community water systems serving fewer than 5,000 people. As of 2012, there are 1,148 public water systems that provide drinking water in New Mexico. Of these systems, 593are community water systems; of these, 546 serve fewer than 5,000 …

Water Marketing, Jeremy Oat, Laura Paskus

Water Matters!

Water doesn’t just flow around New Mexico in streams and rivers: it also moves around on paper. Since all of the state’s surface-water and most of its groundwater have already been allocated, the only way for cities, developers, or conservation organizations to find new water supplies is to buy and transfer water rights from old uses and places to new uses and places. The N.M. Office of the State Engineer (OSE) approves each of these transfers, most of which are relatively small, but the numbers can add up over time. Between 1982 and 2011, for instance, 21,000 acre-feet of Middle …

Water Litigation In The Lower Rio Grande, Darcy S. Bushnell

Water Matters!

The water allocation issues are hotly contested in south-central New Mexico and the surrounding area. Today, the river and those who depend on it face more administrative challenges in the face of shrinking water supplies and increased population. These challenges have given rise to two ongoing lawsuits: the Lower Rio Grande Adjudication,New Mexico v. EBID, et al., 96-CV-888 (1996) (N.M. v. EBID) in the New Mexico Third Judicial District Court (adjudication court) and the New Mexico v. United States,et al., D.N.M. 11-CV-691 (2011) (N.M. v.U.S.) in United States District Court of New Mexico (U.S. District Court).

The Rio Grande As An International River, Margaret J. Vick

Water Matters!

The Rio Grande is divided into two major river reaches and has different legal regimes for each. New Mexico is primarily concerned with the Rio Grande from the headwaters in Colorado to Ft. Quitman in Texas, a distance of approximately 670 miles. This section of the river is the subject of the1906 Rio Grande Convention (Treaty) between the United States and Mexico. The lower section of the Rio Grande from Ft. Quitman to the Gulf of Mexico is the subject of the 1944 Rivers Treaty between the United States and Mexico; the 1944 Rivers Treaty also includes the Colorado and …

Eastern New Mexico Rural Water System (Ute Pipeline Project), Jerold Widdison, Paul Van Gulick, Darcy S. Bushnell

Water Matters!

The Ute Pipeline Project (Project), officially known as the Eastern New Mexico Rural Water System (ENMRWS),is a 151-mile-long pipeline project to provide a sustainable municipal and industrial water supply for several eastern New Mexico communities and a military base. The Congress authorized major federal funding for the Ute Pipeline in the Omnibus Public Land Management Act of 2009. This important milestone for the project was reached after about 45 years of effort.Attention now shifts to myriad details involved in actually constructing, financing,and administering the project.

The Tragic Story Of The Federal Coal Leasing Program, Mark Squillace

Publications

No abstract provided.

Acequias, Brigette Buynak, Jerold Widdison, Darcy S. Bushnell

Water Matters!

Acequias are community irrigation systems in the villages and pueblos of New Mexico. They have deep roots in two ancient traditions—Pueblo Indian and Spanish. The Pueblos collected and shared water for centuries before the arrival of Spanish colonists in 1598. The Spanish settlers brought technical knowledge and institutional frameworks for governing irrigation systems, which originated in the Moors’ seven-century occupation of Spain. Both traditions remain important to an understanding of New Mexico’s acequia heritage and the continuing relevance of these “water democracies.”Today, these traditions must meld with state law as the legislature has provided that acequias are “political subdivisions” or …

Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner

Water Matters!

While many of the water issues in New Mexico center around having an adequate supply of water, the quality of the water is just as important as the quantity in supplying water for drinking and other uses that rely on clean water. Protecting water quality is financially more feasible than conducting expensive cleanup programs. New Mexico has a strong interest in water quality regulation to protect public health and the environment and to minimize expenditures for mitigation of contaminated supplies. Water quality is a difficult subject to navigate; there is a complex web of statutes and agency involvement. This paper …