Digital Commons Network^™

Tularosa And The Dismantling Of New Mexico Community Ditches, G. Emlen Hall

Faculty Scholarship

In the last quarter of the nineteenth century and the first quarter of the twentieth, contested claims to the water of a small stream in south-central New Mexico produced a storm of legal activity. The maelstrom arose out of the tangled complications surrounding the development of non-Indian water rights to the Tularosa Creek. The creek was a small spring-fed stream that headed on the Mescalero Apache Indian homelands in the Sacramento Mountains. From its beginnings, the creek ran west, first through a narrow canyon and then out onto a broad plain before petering out in the porous White Sands. Between …

Instream Flows In New Mexico, Denise D. Fort

Faculty Scholarship

Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.

Survey Of Florida Law: Real Property, Ronald B. Brown

Faculty Scholarship

No abstract provided.

A Partnership With The Bar: A Law Library's Experience In Taking A Leadership Role In Cle Training On Legal Research, Marsha Baum

Faculty Scholarship

UNM Law Library had a very positive experience in developing and co-sponsoring a legal research CLE with the New Mexico Bar's Center for Legal Education. We offered a two-part legal research program on print and digital resources.

Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer

Faculty Scholarship

As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …

Team Production In Venture Capital Investing, D. Gordon Smith

Faculty Scholarship

Entrepreneurs and venture capitalists engage in team production. Inherent in team production is an incentive problem: team members have an incentive to shirk. The incentive to shirk derives from the inability to monitor team members perfectly and compensate them based on productivity. Economic models of team production teach that solutions to shirking must involve (1) a principal (2) with authority to break the budget by realigning the claims of team members through use of a penalty or a bonding arrangement (3) based only on observations of team output, not on monitoring of individual inputs. This paper analyzes the team production …

"Quadrupolar" Molecular Nonlinear Optics, V. Ostroverkhov, O. Ostroverkhova, Kenneth D. Singer, L. Sukhomlinova, R. J. Twieg

Faculty Scholarship

Quadrupolar and octupolar invariants may be used as methods to attain noncentrosymmetric materials for application in second order nonlinear optics. The structure-property relationships for the J = 2, or quadrupole rotational invariant, are investigated. Proper citation for the Technical Digest CD-ROM should be written in the following format: Ostrovekhov V., Ostroverkhova O., Petschek R.G., Singer K.D., Sukhomlinova L., Twieg R.J., “`Quadrupolar' molecular nonlinear optics,” in the Conference on Lasers and Electro-Optics (CLEO)/The International Quantum Electronics Conference (IQEC) (Optical Society of America, Washington, DC, 2009), Proceedings, 8-9

"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Municipal Responsibility For Constitutional Torts, Jack M. Beermann

Faculty Scholarship

The fundamental principle in the law of municipal liability under § 1983 is that municipalities may be held liable only for their own conduct, not for the conduct of municipal employees. Stated somewhat differently, municipalities may not be held vicariously liable for the conduct of municipal employees but rather can be held liable only when municipal policy is the moving force behind the violation. While this principle is simple to state, it has proven difficult to apply.

Fair Division, Michael J. Meurer

Faculty Scholarship

In this article I introduce legal scholars to concepts of fairness developed by microeconomic theorists. My starting point is a review of the books: Cooperative Microeconomics: A Game-Theoretic Introduction, by Herve Moulin, and Equity: In Theory and Practice, by H. Peyton Young. The books explain how to use cooperative game theory to study the fair allocation of benefits and costs. I illustrate the use of cooperative game theory by applying it to various problems of fair division in the law. I believe formal analysis of fair division is valuable because it allows scholars to connect their intuitive sense of fairness …

Youthbuild, Dorothy Stoneman, Fatma Marouf

Faculty Scholarship

YouthBuild is a comprehensive youth and community development program that simultaneously addresses several core issues facing lowincome communities: education, housing, jobs, and leadership development. It is based on the conviction that the energy and intelligence of young people need to be liberated and enlisted in solving the problems facing our society, and that low income young people are an untapped resource for solving the problems facing their own communities.

YouthBuild engages disconnected young men and women who have no apparent path to a productive future by teaching them basic academic, life, leadership, and employability skills through work on community housing …

Product Design Liability In Oregon And The New Restatement, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Internationalizing The Law Of Secured Credit: Perspectives From The U.S. Experience, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Reinventing Environmental Regulation Through The Government Performance And Results Act: Are The States Ready For The Devolution?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Dreiser's Real American Tragedy, Kathryn M. Plank

Faculty Scholarship

No abstract provided.

The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope

Faculty Scholarship

In this Article, Thaddeus Pope argues that the Patient Self Determination Act (PSDA) is a failure on its own terms. The Article first identifiesthe central purpose of the Act as the protection of patient autonomy. The Article then reviews much of the empirical research on the implementation of the Act. This research suggests that the medical preferences expressed in advance directives completed pursuant to the PSDA are usually not based on real understanding because patients are merely "Mirandized" of their right to direct their post-autonomous medical care. Although some scholars contend that this is the most that can be expected …

Taking Future Claims Seriously: Future Claims And Successor Liability In Bankruptcy, Frederick Tung

Faculty Scholarship

Treatment of contingent tort liabilities when a business is sold presents a particular challenge for corporate and bankruptcy law. In this article, I focus on the precarious position of future tort claimants-those who may be harmed by a manufacturer's defective product after the manufacturer has sold its business and disappeared. By the time the future claimant's injury occurs, she may be left with no means of recovery. While the article focuses primarily on the bankruptcy sale context, a discussion of the nonbankruptcy context provides important background.

In the article, I make two claims. First, I address recent proposals suggesting that …

Stem Cell Politics, Ethics And Medical Progress, George J. Annas, Arthur Caplan, Sherman Elias

Faculty Scholarship

Controversy over how to fund and regulate stem cell research continues in the US and is unlikely to be resolved anytime soon. The National Institutes of Health (NIH) has announced that it is prepared to fund stem cell research under yet-to-be-specified guidelines. The National Bioethics Advisory Commission (NBAC) issued a report on stem cells in mid-September, recommending that Congress change the law to permit the derivation and use of stem cells from embryos no longer needed for reproduction purposes that are stored at in vitro fertilization (IVF) clinics. The NBAC also recommended that the Department of Health and Human Services …

Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin

Faculty Scholarship

Many of our most important human rights documents are the product of the world's horror during the carnage of World War II. The broadest and most powerful declaration of human rights, the Universal Declaration of Human Rights, was adopted by the membership of the new United Nations in 1948. But there are also much more specific statements of the world's aspirations for all of its inhabitants. August 1997 marked the 50th anniversary of the conclusion of the trial of Nazi physicians at Nuremberg, a trial which has been variously designated as the "Doctors' Trial" and the "Medical Case."² In …

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Faculty Scholarship

No abstract provided.

Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Marine Natural Products., Shirley A. Pomponi, Amy E. Wright, John K. Reed, Peter J. Mccarthy

Faculty Scholarship

The marine environment has proven to be a rich source of both biological and chemical diversity and has, therefore, become the focus of a major research effort in natural products drug discovery.

Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Matt Coles

Faculty Scholarship

No abstract provided.

Defensive Leveraging In Antitrust, Robin Feldman

Faculty Scholarship

No abstract provided.

On The Received Wisdom In Federal Courts, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Killing The Messenger The Use Of Nondisclosure Agreements To Silence Whistleblowers, Jodi L. Short

Faculty Scholarship

No abstract provided.

Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams

Faculty Scholarship

No abstract provided.

Broadening Our World: Citizens And Immigrants Of Color In America, Victor C. Romero

Faculty Scholarship

This article was originally presented at a symposium. The article discusses affirmative action and ways of increasing diversity in higher education.

International Secured Transactions And Revised Ucc Articles 9, Neil B. Cohen, Edwin E. Smith

Faculty Scholarship

No abstract provided.