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Full-Text Articles in Law

Rethinking Rights In A Disappearing Penumbra: How To Expand Upon Reproductive Rights In Court After Dobbs, Joshua J. Schroeder Feb 2024

Rethinking Rights In A Disappearing Penumbra: How To Expand Upon Reproductive Rights In Court After Dobbs, Joshua J. Schroeder

New Mexico Law Review

In 2022, Dobbs v. Jackson Women’s Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule Roe and Casey that might spread to other pro-rights case law was an ad hoc Janus v. AFSCME cost-benefit balancing test. Prior to Dobbs, the liberal wing of the U.S. Supreme Court believed that the Court could use cost-benefit balancing tests to safeguard certain judicially …


Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones Feb 2024

Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones

New Mexico Law Review

No abstract provided.


Rule 11 Sanctions For Bad Discovery Advocacies, Jeffrey A. Parness, Alexandria N. Short Feb 2024

Rule 11 Sanctions For Bad Discovery Advocacies, Jeffrey A. Parness, Alexandria N. Short

New Mexico Law Review

For over eighty years, Rule 11 of the Federal Rules of Civil Procedure has authorized sanctions to combat frivolous legal arguments and factual allegations in some paper presentations. Since 1993, however, the rule has not applied to discovery. This article demonstrates how Rule 11 should be used to deter advocacy based on discovery that has “gone bad” since its initial disclosure. Disciplinary actions, malpractice claims, the discovery rules, and even the inherent sanctioning authority of the court are insufficient to deter lawyers from relying on now-bad discovery papers. Rule 11 would hold lawyers to a duty of reasonable inquiry before …


A Primary Purpose Problem: State V. Tsosie, Lana Elledge Feb 2024

A Primary Purpose Problem: State V. Tsosie, Lana Elledge

New Mexico Law Review

In Crawford v. Washington, the United States Supreme Court held that if statements “were made under circumstances which would lead an objective witness reasonably to believe that the statements would be available for use at a later trial,” then a defendant has the right to confront and cross examine the witness. However, the Court’s subsequent retreat from this ruling and introduction of the primary purpose test in a later decision, created a flawed federal analysis, as seen in State v. Tsosie. In Tsosie, the New Mexico Supreme Court applied the primary purpose test to determine whether statements of the declarant, …


Don't Swab Me!: Limitations Of The Genetic Information Privacy Act In The Modern Genetic Testing Landscape, Ibrahim Al-Gahmi Feb 2024

Don't Swab Me!: Limitations Of The Genetic Information Privacy Act In The Modern Genetic Testing Landscape, Ibrahim Al-Gahmi

New Mexico Law Review

In an age where consumers can easily obtain genetic tests by simply sending a saliva or cheek swab sample through the mail and learn more than ever about their DNA and its genetic makeup, it is imperative that measures are established to provide consumers with both control and protection to the privacy of their submitted biological sample and analyzed genetic data. Currently, the landscape of genetic testing, and the resulting genetic information, is regulated by one law in New Mexico. The Genetic Information Privacy Act (NM-GIPA or Act), enacted in 1998, provides general prohibitions on the collection of genetic information …


Environmental Justice Is A Civil Rights Issue, Secretary Deb Haaland Feb 2024

Environmental Justice Is A Civil Rights Issue, Secretary Deb Haaland

New Mexico Law Review

No abstract provided.


The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel Feb 2024

The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel

New Mexico Law Review

The unregulated collection, processing, and sale of consumer data has led to a plethora of social and legal issues. As regulators attempt to catch up with the “move fast and break things” ethos of tech innovation, “de-identified” or “anonymized” data has remained broadly unprotected. However, computer science literature shows us that “de-identified” data is a legal fiction. This Article examines the source of the de-identification fiction, analyzes the definitions in new state laws which attempt to close the loophole, tracks potential harms, and proposes a legislative solution which aims to ameliorate some of the legal fictions’ negative impacts. Part I …


The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts Feb 2024

The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts

New Mexico Law Review

This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores the history of the 1926 Slavery Convention; the nature of coercive labor in colonized states in the inter-war period; the drafting processes and coverage of the 1930 Forced Labour Convention; the Convention’s accompanying recommendations; and subsequent developments in the legal definition of forced labor. …


The Water Under The Bridge Is Darkening—An Analysis Of Copyright Law And The Prevalence Of Copyright Trolls, Daniel Berenger-Russell Feb 2024

The Water Under The Bridge Is Darkening—An Analysis Of Copyright Law And The Prevalence Of Copyright Trolls, Daniel Berenger-Russell

New Mexico Law Review

In this time of modern technology and booming social media, the growth in intellectual property protection is no surprise. It logically follows that with more robust intellectual property protection there exists a greater chance of infringement. The likelihood of innocently infringing on a person’s registered copyright is at an all-time high. Due to the increased likelihood of innocent infringement, “copyright trolls” have emerged and developed unethical business tactics to prey off “innocent infringement.” Just like fairytale trolls who hide under bridges hoping to pester bystanders, copyright trolls also seek to burden peoples’ days. Not only do copyright trolls prey off …


Front Matter, New Mexico Law Review Feb 2024

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.


Settler Cannabis By Kaitlyn Reed, Danielle Lopez Jan 2024

Settler Cannabis By Kaitlyn Reed, Danielle Lopez

Natural Resources Journal

No abstract provided.


Missing Middle Housing: Accelerating America’S Transition From Single-Family Zoning, Lena Zeebuyth, Mallory Moore Jan 2024

Missing Middle Housing: Accelerating America’S Transition From Single-Family Zoning, Lena Zeebuyth, Mallory Moore

Natural Resources Journal

As housing unaffordability and climate change impose increasingly greater costs on American cities and towns, there is a growing sense that single-family residential zoning ordinances are partly to blame for these challenges. Many Americans remain unwilling to address these difficulties by welcoming large apartment buildings into their neighborhoods. Fortunately, policies designed to promote “middle housing” development––visually attractive duplexes and townhome projects––tend to be more politically feasible than policies that drive apartment development. Further, such policies do much to improve the affordability and environmental sustainability of residential neighborhoods. This Article describes how promoting greater middle housing development in the United States …


Front Matter, Natural Resources Journal Jan 2024

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Credible Commitments, Adaptability, And Conservation Easements, Andrew P. Morriss Jan 2024

Credible Commitments, Adaptability, And Conservation Easements, Andrew P. Morriss

Natural Resources Journal

Conservation easements, a widely used tool to preserve land for conservation purposes, suffer from a fundamental flaw in lacking a means of adapting the permanent interests they create to changed conditions. This flaw is becoming more apparent as the early generation of these interests age and climate change threatens to bring more rapid demands for adaptation of existing conservation goals in light of changed conditions. Drawing on lessons from successes in international financial centers and U.S. states that are successful in jurisdictional competition, this article argues that the law should embrace measures that enable such competition in providing for shared …


A New Moment For Indian Water Rights Settlements, Max Clayton Jan 2024

A New Moment For Indian Water Rights Settlements, Max Clayton

Natural Resources Journal

Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for Indian water rights settlements. Settlement remains a difficult process, but a new moment for Indian water rights settlement may have arrived. This paper explains how political conditions have changed and makes a novel legal argument to supply a strategy for tribal governments to advance their bargaining position in settlement discussions.


Thinking About The Public Trust Doctrine In A Modern Context As Applied To Non-Fungible Tokens, Dustyn Sams Jan 2024

Thinking About The Public Trust Doctrine In A Modern Context As Applied To Non-Fungible Tokens, Dustyn Sams

Natural Resources Journal

This paper discusses two popular concepts in the legal world, the public trust doctrine and non-fungible tokens (NFTs). For the first time, it explores whether litigants could successfully use the doctrine to protect valuable NFTs. The public trust doctrine is the legal principle that the government holds and manages land under navigable water and closely associated natural resources in trust of the people. NFTs, on the other hand, are unique collections of cryptographical data that represent ownership of a digital artwork. This paper reconsiders the question of what exactly the scope of the public trust doctrine is and how its …


Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland Jan 2024

Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland

Natural Resources Journal

No abstract provided.


Eviction Sealing Should Top New Mexico’S Legislative Housing Agenda, Allison Freedman Oct 2023

Eviction Sealing Should Top New Mexico’S Legislative Housing Agenda, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights, which called for immediate sealing of eviction case filings—often referred to as “Scarlet E’s”—to help reduce the likelihood that tenants would be “locked out of future housing opportunities without the chance to defend themselves.”


Indigenous Influence On The Rights Of Nature Movement, Vanessa Racehorse Oct 2023

Indigenous Influence On The Rights Of Nature Movement, Vanessa Racehorse

Faculty Scholarship

The growing recognition of the rights of nature is a blend of both modern conservation efforts and principles reflected in traditional Indigenous stewardship that should be an essential component of the discourse around environmental justice. This article provides an overview of the laws that invoke the rights of nature that Indigenous perspectives and practices regarding environmental preservation have influenced. This discussion pays particular attention to the White Earth Band of Ojibwe's "Rights of Manoomin" law and Manoomin v. Minnesota Department of Natural Resources (White Earth Band of Ojibwe Tribal Ct. 2021), the first rights of nature case filed in a …


Ai Is Here. Here’S How New Mexicans Can Prepare, Sonia Gipson Rankin, Melanie E. Moses Sep 2023

Ai Is Here. Here’S How New Mexicans Can Prepare, Sonia Gipson Rankin, Melanie E. Moses

Faculty Scholarship

Last December we asked the AI chatbot ChatGPT to solve a programming assignment given to computer science students at UNM. It wrote some Python code, but it generated an error. We gave the chatbot the error message and were astounded by how good its response was.


Big Data Policing Capacity Measurement, Ronald J. Coleman Aug 2023

Big Data Policing Capacity Measurement, Ronald J. Coleman

New Mexico Law Review

Big data, algorithms, and computing technologies are revolutionizing policing. Cell phone data. Transportation data. Purchasing data. Social media and internet data. Facial recognition and biometric data. Use of these and other forms of data to investigate, and even predict, criminal activity is law enforcement’s presumptive future. Indeed, law enforcement in several major cities have already begun to develop a big data policing mindset, and new forms of data have played a central role in high-profile matters featured in the Serial and To Live and Die in LA podcasts, as well as in the Supreme Court’s leading privacy and criminal procedure …


Action Is Not Activism: Moving Martinez/Yazzie V. State Forward, Griffin Arellano Aug 2023

Action Is Not Activism: Moving Martinez/Yazzie V. State Forward, Griffin Arellano

New Mexico Law Review

Education has long been regarded as the foundation of a strong society and fundamental to an individual’s ability to determine the course of their own life. Article XII of the New Mexico Constitution asserts that all students in New Mexico have a right to not just an education but one that is “sufficient.” However, in 2018, a state district court found that at-risk students across New Mexico were being denied that right. In Martinez/Yazzie v. State of New Mexico, the court ordered the State to quickly provide more funding for education and accountability mechanisms to ensure that money was spent …


The Outer Limits: Jury Discretion, District Court Deference, & Excessive Damages In Morga V. Fedex Ground Package Sys., Inc., Aaron Sharratt Aug 2023

The Outer Limits: Jury Discretion, District Court Deference, & Excessive Damages In Morga V. Fedex Ground Package Sys., Inc., Aaron Sharratt

New Mexico Law Review

What is the value of life? Courts and commentators have long debated the question of the inherent value of life in relation to the awarding of compensatory damages. The New Mexico Supreme Court’s recent decision affirming a record $165 million civil award in Morga v. FedEx again brings this debate into public view. The decision effectively shuts the door to the prospect of higher State courts overturning a jury’s noneconomic compensatory damages award based on an excessive verdict claim. The case highlights the district court’s power and discretion in awarding monetary damages for nonmonetary injuries and the implications of defense …


Front Matter, New Mexico Law Review Aug 2023

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.


Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall Aug 2023

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

New Mexico Law Review

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes. This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …


Banding Together: Law Versus People Power In The United States, Benjamin E. Douglas Aug 2023

Banding Together: Law Versus People Power In The United States, Benjamin E. Douglas

New Mexico Law Review

To become a democratic society, the United States must respect the people’s right to associate. This does not sound like a radical principle—freedom of association is part of the First Amendment—but realizing this freedom requires serious changes in existing policy. State and federal laws obstruct the ability of people to band together to shape the type of society that they wish to live in. People face severe restrictions impeding their right to form and direct value-based, powerbuilding, membership-driven organizations. I begin with an examination of the democracy deficit in this country, explored in three dimensions. First, when there are conflicts …


The Mindful First Amendment, Gary Myers Aug 2023

The Mindful First Amendment, Gary Myers

New Mexico Law Review

The mindfulness movement has begun to play an expanding role in personal well-being and in society more generally. Although there is an active push for mindfulness in law, its primary focus is on ways in which mindfulness techniques can help lawyers in their personal and professional lives. This article explores the possible contributions of mindfulness to the widely recognized challenges facing freedom of speech and freedom of the press in an era of severe cultural and political polarization. This article focuses on the external aspects of mindfulness—the interaction with others and with society—to assess whether its techniques might assist in …


Reaping The Rewards Of Hard Work: Eliminating The New Mexico Minimum Wage Act’S Exemption For Workers Paid On A Piecework, Flat Rate, And Commission Basis, Jackie Munro-Vahey Aug 2023

Reaping The Rewards Of Hard Work: Eliminating The New Mexico Minimum Wage Act’S Exemption For Workers Paid On A Piecework, Flat Rate, And Commission Basis, Jackie Munro-Vahey

New Mexico Law Review

The federal Fair Labor Standards Act (“FLSA”) of 1938 created minimum wage, maximum hours, and overtime protections for the first time in United States history. One of the core principles of the FLSA was that states could also pass their own wage and hour laws, provided they were more protective of workers than the federal Act. In 2023, however, New Mexico is the only state where workers paid on a piecework, flat rate, and commission basis are exempt from the basic wage and hour protections of the federal Act because of a less protective state law. So, for example, medical …


Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller Aug 2023

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …


Risk Management Perceptions And Preventive Practices Of Athletic Directors From Naia Schools, Yan Gioseffi Jul 2023

Risk Management Perceptions And Preventive Practices Of Athletic Directors From Naia Schools, Yan Gioseffi

Health, Exercise, and Sports Sciences ETDs

The increase in the number of incidents associated with sports has led to the rise of litigation, and physical, emotional, and financial damage to stakeholders. Collegiate athletic directors (ADs) have the duty to keep their programs safe.

This study aimed to explore and understand the practices, perceptions, and experiences of ADs from National Association of Intercollegiate Athletics (NAIA) institutions regarding preventive risk management. As risk management is significantly new in the sporting industry, an exploratory study using a qualitative design, grounded in narrative inquiry was conducted using the D.I.M. Process as a guide to collect data from 10 NAIA ADs …