Digital Commons Network^™

Water Conservation Incentives For New Mexico: Policy And Legislative Alternatives, William M. Fleming, Emlen Hall

Natural Resources Journal

No abstract provided.

Seeing The Forest Through The Eyes Of A Hawk: An Evaluation Of Recent Efforts To Protect Nothern Goshawk Populations In Southwestern Forests, James Peck

Natural Resources Journal

No abstract provided.

Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez

Faculty Scholarship

Tribal regulation of marriage is an example of tribal government and tribal court using the legal system to reclaim traditional values and to resist (at least in part) the dominant values imposed on the Navajo Nation. Identity as Dine (the Navajos term to refer to themselves) is based on clan affiliations, which are determined by blood and marriage. Marriage has been an important and sacred institution in Navajo tradition. The Navajo Supreme Court and the Tribal Council have attempted to find a substantive law of marriage that respects traditional Navajo culture while meeting contemporary needs of Navajo people. The Navajo …

Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …

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.

The Disappearance Of The Author And Chicana-Chicano Critical Discourse, Hector A. Torres

English Language and Literature Faculty Publications

In "Toward a Theory of Minority Discourses,"(1990), Abdul R. JanMohammed and David Lloyd address the complex question of the economy of the author-function as it affects minority writers in multicultural America today. Certainly there are faults in their narrative articulations as there are bound to be in any theory that moves towards a comprehensive grasp of its topic. But there is also much to praise in this work and even more than ten years later we can still learn a lot from it if we can put into practice many of the theoretical protocols they put into narrative. The aim …

Community Social Disorganization Theory Applied To Adolescent Academic Achievement, Spencer Ross Baker

Theses and Dissertations in Urban Services - Urban Education

Over the years, the public education system has been transformed by outside political and societal forces to provide an equal opportunity for all students. Investigations of the public education system were not consistent and yielded divergent results on how to improve adolescent academic achievement. These divergent results were caused by different operationalizations of variables, data analytical procedures that possibly provided biased parameter estimates, and a failure to use a comprehensive theory. Although these results were inconsistent, the latest transformation of the public education system currently involves holding schools, administrators, parents, and students accountable for learning.

The measurement of success in …

The Influence Of Selected Noncognitive Variables On The Academic Success Of Urban Black High School Males In An Enrichment Pre-College Program, Leon Rouson

Theses and Dissertations in Urban Services - Urban Education

The thrust of this study was to examine the influence of selected noncognitive variables on the academic success of urban Black high school males in an enrichment Pre-College Program. The major research question was: Which of the selected noncognitive variables are most useful in predicting academic success for urban Black high school males?

This study reinvestigated Sedlacek and Brooks' (1976) proposed set of seven noncognitive variables related to academic success: (a) self-concept; (b) realistic self-appraisal; (c) understanding of and ability to deal with racism; (d) preference for long-term goals over more immediate, short-term needs; (e) availability of a strong support …

The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski

Richmond Journal of Law & Technology

This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …

The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, Silver Platter, Lotus, and Microsoft) wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives supported the adoption of UCITA because it is true to three commercial principles: commerce should be free to flourish in the electronic age, rules should support use of new (in this case electronic) technologies, and marketplace forces should determine the form …

Ethical Challenges Of Restructuring For Lawyers: Lawyer/Client Loyalty In A Rapidly Evolving Industry, Robert E. Eicher

Richmond Journal of Law & Technology

This article is the outline of Mr. Eicher's speech.

Ladonna Harris’ Papers, Ladonna Harris

LaDonna Harris Native American Collection

This file contains White and discussion papers by LaDonna Harris including drafts with the authors marks and annotations as well as correspondence with Editors and Publishing Companies. Paper titles include: Government to Government: Indian Tribes and the Federal Government, Indian Reservation Economies, The Kerner Report: An American Indian Viewpoint, Colonization of Indian Economy, Esther Ross and the rebirth of the Stillaguamish Tribe, Values of Native American Tribes, Off- Reservation Indians and Unrecognized Tribes, The Menominee Peoples, To all my Comanche Relatives, Tribal Governments in the U.S. Federal System, American Indians and The Constitution, Harmony through Wisdom: Recreating traditional ways of …

Tata Atanasio Trujillo's Unlikely Tale Of Utes, Nuevomexicanos, And The Settling Of Colorado's San Luis Valley, Thomas G. Andrews

New Mexico Historical Review

No abstract provided.

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

New Mexico Historical Review

No abstract provided.

Book Reviews

New Mexico Historical Review

No abstract provided.

Collected Papers Vol. Iii, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

No abstract provided.

Foreword For The Smu 2000 Annual Survey Of Texas Law, Rick Perry

SMU Law Review

No abstract provided.

Appellate Practice And Procedure, Alan Wright, Ladawn H. Conway, Debra J. Mccomas, Heather D. Bailey

SMU Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Matthew J. Knifton, Scott F. Wendorf

SMU Law Review

No abstract provided.

Health Care Law, Thomas Wm. Mayo

SMU Law Review

No abstract provided.

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Leslie Sara Hyman

SMU Law Review

No abstract provided.

Interpretation And Standardization In Electronic Sales Contracts, Clayton P. Gillette

SMU Law Review

No abstract provided.

Trash, Thermal Imagers, And The Fourth Amendment: The New Search And Seizure, Jennifer Murphy

SMU Law Review

No abstract provided.

Duty, Sufficiency, And Underlying Rhythms In Law, Joseph Sanders

SMU Law Review

No abstract provided.

Secured Transactions History: The Northern Struggle To Defeat The Judgment Lien In The Pre-Chattel Mortgage Act Era, George Lee Flint Jr

Faculty Articles

Nonpossessory secured transactions evolved as a competitor to collusive judgments as a means to protect creditors from the loss of their investments in colonial America. A collusive judgment involved the debtor recognizing his debt before the court, while the creditor held equitable title to the debtor’s personalty as collateral while the debtor retained possession. The 1677 Statute of Frauds destroyed the priority of the collusive judgment presenting opportunities for other parties to seek the debtor’s collateral. The chattel mortgage, predecessor of the secured transaction, developed from the standard shipping practices during colonial times. The shipping industries extended lines of credit …

The Virtues And Limits Of Codes In Legal Ethics, Vincent R. Johnson

Faculty Articles

In the absence of codified standards of ethics, the ethical quality of law practice would degenerate into inconsistency and unpredictability. The presence of an ethics code can unduly burden and limit the practice of law. However, ethics codes should not be thought of as tools to ensure the law is practiced humanely. Instead, they should be viewed as attempts to ameliorate the impediments to a humane practice and to call lawyers to that goal.

Tom Schaffer, a scholar and professor of Ethics at Notre Dame, lamented the fact that the codification of standards of attorney conduct could induce lawyers to …

Interstate Establishment, Enforcement, And Modification Of Child Support Orders, Patricia W. Moore

Faculty Articles

Intended to improve the collection of child support across state lines, the Uniform Interstate Family Support Act has now been in effect in all fifty states for approximately three years. This Article examines the history and operation of this statute and its companion federal statute, the Full Faith and Credit For Child Support Orders Act. Following UIFSA's structure, the Article details the provisions governing the establishment, enforcement, and modification of child support orders in the interstate context and explains which federally-promulgated forms to use in each situation. Analyzing the abundant case law already decided under these statutes, the article concludes …

Out-Lawing God The Daughter, Emily A. Hartigan

Faculty Articles

The traditionally forbidding visage of law mimics the constructed face of the “God of our Fathers.” The punitive ‘Father God’ and the harsh letter of the law are connected in both their errors and their promises for transformation. Both the ‘Father’ and ‘His Law’ primarily impose their wills through “authority” and “force.”

Jewish feminist theologian Judith Plaskow questions whether the law is a female form. Plaskow contrasts the law’s constrictions and abstraction with traditional femeie characteristics of openness and fluidity. Plaskow hopes to redeem her tradition through a God of relationship and love, affirming both law and a new feminine …

Arrests In Texas’S “Suspicious Places”: A Rule In Search Of Reason, Gerald S. Reamey

Faculty Articles

When article 14.03(a)(1) of the Texas Code of Criminal Procedure first appeared in Texas law, landmark decisions like Terry v. Ohio and Miranda v. Arizona were more than a century in the future. Nevertheless, a current exception to Texas's arrest warrant requirement can be traced directly to a virtually identical statute from those pre-Civil War days.

It is a small wonder that today's courts find this statute confusing; and confusion, whether advertent or inadvertent, invites result-oriented, illogical, or unpersuasive judicial decisions. Courts' attempts to make sense of article 14.03(a)(1) arguably have failed in each of these ways over the statute's …