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Articles 1 - 30 of 67
Full-Text Articles in Law
The Birth Of The Greenback, Dawinder S. Sidhu
The Birth Of The Greenback, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Brief For The American Association On Intellectual And Developmental Disabilities, The Arc Of The United States, The National Disability Rights Network, Disability Rights Florida, And The Bazelon Center For Mental Health Law As Amicus Curiae, April Land, James W. Ellis, Ann M. Delpha, Carol M. Suzuki, Steven K. Homer
Brief For The American Association On Intellectual And Developmental Disabilities, The Arc Of The United States, The National Disability Rights Network, Disability Rights Florida, And The Bazelon Center For Mental Health Law As Amicus Curiae, April Land, James W. Ellis, Ann M. Delpha, Carol M. Suzuki, Steven K. Homer
Faculty Scholarship
Question Presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia, 536 U.S. 304 (2002). Summary of Argument: In Atkins, this Court concluded that a national consensus had developed against the execution of persons with mental retardation and that such executions violated the Eighth Amendment. The Court also stated that the national consensus suggests that some characteristics of mental retardation, such as disabilities in the areas of reasoning, judgment, and control of impulses, undermine the procedural protections of our capital punishment jurisprudence and can jeopardize the reliability and fairness of capital proceedings against …
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael J. Gregory, Julie Waterstone
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael J. Gregory, Julie Waterstone
Faculty Scholarship
This Article will contribute to the ongoing dialogue about special education and the IDEA in two ways. First, it will describe patterns that have emerged from our work with individual children and families that shed light on how common IDEA implementation failures increase the risk of poor outcomes for students with social, emotional and behavioral challenges. Critiques of the law and proposals to amend it should be grounded in an understanding of exactly how and why it is falling short of meeting its promise to these children. Our hope is that mapping the common implementation failures we have seen in …
Carcieri: Bringing Certainty To Trust Land Acquisitions, Kevin Washburn
Carcieri: Bringing Certainty To Trust Land Acquisitions, Kevin Washburn
Faculty Scholarship
No abstract provided.
Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico
Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico
Native American Water Rights Settlement Project
Partial Final Decree of the Water Rights of the Navajo Nation: Parties: Navajo Nation, NM, New Mexico, USA, United States.
Contents:
1. Jurisdiction, p.2; 2. Reserved Rights to the Use of Water p.2; 3. Reserved Rights for Specified Surface Water Diversions p.2, including a) Navajo Indian Irrigation Project, p.3, b) Navajo-Gallup Water Supply Project, p.3; c) Animas-La Plata Project, p.4; d) Municipal and Domestic Uses, p.4; e) Hogback-Cudei Irrigation Project, p.4; f) Fruitland-Cambridge Irrigation Project p.5; 4. Supplemental Carriage Water, p.6; 5. Conditions, p.7; 6. Diversions for Navajo-Gallup Project Uses in Arizona, p.17; 7. Groundwater Rights, p.18; 8. Hydrographic Survey …
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Publications
No abstract provided.
Guantanamo Military Commissions: Reflections From A Legal Observer (Part I, Ii & Iii), Dawinder S. Sidhu
Guantanamo Military Commissions: Reflections From A Legal Observer (Part I, Ii & Iii), Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties
Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties
Native American Water Rights Settlement Project
Settlement Agreement: Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement; Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States, Arizona Water Company, Buckeye Water Conservation and Drainage District, Buckeye Irrigation Company, Central Arizona Water Conservation District, City of Avondale, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, Roosevelt Water Conservation District, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association. Contents: Agreement 117 pages: 1.0 Recitals p. 2; 2.0 …
Legal Education For All (Or More Than Just Lawyers), Carol A. Parker
Legal Education For All (Or More Than Just Lawyers), Carol A. Parker
Faculty Scholarship
Virtually every sector of today's economy would benefit from employing workers with more than superficial knowledge of the law. Fields potentially ripe for the concept include health-care policy, artificial intelligence, cybersecurity, public affairs, banking, and environmental sciences, to name just a few. An interdisciplinary approach would provide graduates of these new programs with greater access to the job markets of interdisciplinary partners—something that traditional joint degrees based on combining the J.D. program with master's degrees from other disciplines rarely do.
Legal Education For All (Or More Than Just Lawyers), Carol A. Parker
Legal Education For All (Or More Than Just Lawyers), Carol A. Parker
Faculty Scholarship
While the need to acquire a working understanding of our laws and regulations seems only to grow, access to legal information is still largely kept at a premium by legal educators, who provide it almost exclusively through the juris doctor degree.
Only a small percentage of American law schools offer master's-level legal-studies degrees, which are typically equivalent to taking two semesters' worth of law-school courses. These non-J.D. graduate degrees are aimed at students seeking knowledge about law, but combining such programs with subject matter drawn from other disciplines to create discrete programs remains rare.
Punitive Military Strikes On Syria Risk An Inhumane Intervention, Jennifer Moore
Punitive Military Strikes On Syria Risk An Inhumane Intervention, Jennifer Moore
Faculty Scholarship
The 1949 Geneva Conventions do not justify US missile strikes in Syria in response to chemical weapons attacks on the civilian population.
Brief For Professors At Unm School Of Law, Griego V. Oliver, New Mexico Supreme Court No. 34,306, George Bach, Max Minzner
Brief For Professors At Unm School Of Law, Griego V. Oliver, New Mexico Supreme Court No. 34,306, George Bach, Max Minzner
Faculty Scholarship
Brief on same-sex marriage .
New Mexico's history reflects a deep commitment to equal treatment under the law and the protection of individual liberty. The framers of the New Mexico Constitution created substantial and unique provisions relating to minority rights and individual autonomy that are broader in scope than the corresponding federal law. These include an Equal Protection Clause interpreted more expansively than the Fourteenth Amendment and an Inherent Rights Clause with no federal counterpart. Our state courts have consistently exercised independence and pragmatism in applying these rights guaranteed by the New Mexico Constitution.
A prohibition on marriage for same-sex …
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Publications
No abstract provided.
Do Warrants Matter?, Max J. Minzner, Christopher M. Anderson
Do Warrants Matter?, Max J. Minzner, Christopher M. Anderson
Faculty Scholarship
We examine traditional criminal wiretaps to determine whether the 4th Amendment's warrant requirement limits law enforcement. We develop a formal model relating law enforcement's decision to pursue a wiretap to its exogenous cost, probability of yielding evidence, and the expected value of that evidence. We use the model to analyze success rates of all traditional federal wiretaps initiated 1997-2004. We find budget constraints cause law enforcement to pursue only taps that are particularly likely to succeed. Thus, eliminating the warrant requirement for traditional wiretaps would matter little, and the significance of a warrant requirement for new investigative programs, such as …
Evaluating High School Students’ Constitutional And Civic Literacy: A Case Study Of The Washington, Dc Chapter Of The Marshall-Brennan Constitutional Literacy Project, Maryam Ahranjani, Jeffrey J. Shook, Caleb Medearis
Evaluating High School Students’ Constitutional And Civic Literacy: A Case Study Of The Washington, Dc Chapter Of The Marshall-Brennan Constitutional Literacy Project, Maryam Ahranjani, Jeffrey J. Shook, Caleb Medearis
Faculty Scholarship
The United States maintains a reputation as a vibrant, participatory democracy. Yet, paradoxically, formal civics education has essentially disappeared from America’s public high schools, particularly urban public schools serving low-income and minority students. The Marshall-Brennan Constitutional Literacy Project, which is offered at almost zero cost to public schools and districts, developed as a response to the need for civics education in high schools and as a way to train future lawyers in public speaking, leadership, and counseling. In an effort to support the growth of the Marshall-Brennan Project all over the country, the authors of this piece came together to …
Get Rid Of Tenure For Law Schools, Dawinder S. Sidhu
Get Rid Of Tenure For Law Schools, Dawinder S. Sidhu
Faculty Scholarship
Professors with tenure have job security but no incentive to go above and beyond as a teacher.
Just Who Are Humanitarian Workers?, Jennifer Moore
Just Who Are Humanitarian Workers?, Jennifer Moore
Faculty Scholarship
On the 19th of August, World Humanitarian Day, we honor the contributions of humanitarian workers around the world, especially those who have lost their lives helping people in war-torn societies.
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Native American Water Rights Settlement Project
Cost Share & Integration Agreement (Mar. 14, 2013); NM v. Aamodt, 66cv6639 USDC, DCNM. Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. Conformed to Aamodt Litigation Settlement Act, Pub. L. No. 111-291, tit. VI, 124 Stat. 3064, 3134-56 (2010). Parties agree to fund and the United States agrees to plan, design and construct the Regional Water System (RWS). The Bureau of Reclamation will build the system. The Secretary of Interior shall conduct government-to-government consultation with the Pueblos regarding well locations and maintaining appropriate confidentiality to protect traditional Pueblo practices. US …
Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque
Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque
Native American Water Rights Settlement Project
Settlement Agreement: Aamodt Litigation Settlement Agreement (Apr. 19, 2012). 66cv06639, USDC, DCNM. (final signatures Mar. 27,2013) Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. The key provisions of the Aamodt settlement include: 1) constructing a Regional Water System; 2) providing non-Indians a choice of whether to join the settlement and upon joining, a choice of whether to connect to the Regional Water System for domestic water; 3) relinquishment of existing Pueblo claims against non-Indians who join the Settlement; 4) closing the Pojoaque Basin to new water right development following the …
Taos Pueblo Indian Water Rights Settlement Agreement, Taos Pueblo, New Mexico, United States, Taos Valley Acequia Assn & Its 54 Member Acequias, Town Of Taos, El Prado Water & Sanitation District, 12 Taos Area Mutual Domestic Water Consumers’ Assns.
Taos Pueblo Indian Water Rights Settlement Agreement, Taos Pueblo, New Mexico, United States, Taos Valley Acequia Assn & Its 54 Member Acequias, Town Of Taos, El Prado Water & Sanitation District, 12 Taos Area Mutual Domestic Water Consumers’ Assns.
Native American Water Rights Settlement Project
Taos Pueblo Indian Water Rights Settlement. Abeyta Water Rights Adjudication Settlement Agreement among the US, Taos Pueblo, NM, Taos Valley Acequia Assn & it s 55 Member Acequias, Town of Taos, El Prado Water & Sanitation District & 12 Taos Area Mutual Domestic Water Consumers’ Assns. (Dec. 12, 2012) (final signatures Dec. 21, 2012) The Settlement Agreement goals are to resolve the water right claims of the Taos Pueblo; protect the non-Pueblos irrigation uses; restore and protect Buffalo Pasture; and foster cooperation among Taos Valley residents regarding the allocation and use of water resources. The agreement addresses ground and surface …
Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore
Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore
Faculty Book Display Case
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the …
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit methodologies, vocabulary, categories, and pedagogical approaches. In this Section, titled 'On Mascaras,' I am grappling with race (and gender secondarily) in public space -- un/masking my professional persona. In using the word 'wrestle' in the subheading I am referring to this struggle over a re-allocation of the social power that inheres in racial hierarchies, namely, the back-and-forth exchanges involved in changing the racial ambiance by exposing and transforming the presumptions, especially regarding notions of inferiority, that cabin our thinking and restrain our relationships. My original paper was something of an outburst, challenging …
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua E. Kastenberg
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua E. Kastenberg
Faculty Scholarship
In Strickland v. Washington, the Court issued a standard for determining when defense counsel's ineffective performance, through no direct fault of the prosecution, law enforcement, public, or judiciary, undermined the fairness of a trial such that a conviction or sentence had to be rendered as a violation of due process. The article's conclusion presents a model for applying the legal history underlying Strickland to ineffective assistance cases.
Recent Proposals To Change The Traditional Military Retirement System To Mirror The Federal Service Retirement: Eroding Discipline And Civil-Military Relations Through Potentially Unlawful And Certainly Questionable Acts, Joshua E. Kastenberg
Faculty Scholarship
This Article explores the potential immediate and secondary effects of retirement reform on military discipline. Part I of this Article presents the most recent proposal, articulated in 2011 by the Defense Business Board ("DBB"), and analyzes its inherent shortcomings. Part II provides an interlocking broad view analysis as to why the conversion of retirements in a 401(k) model could prove disastrous to discipline. This interlocking analysis addresses: (1) the potential for erosion of the civil-military relationship, (2) the relationship between the Takings Clause12 of the Fifth Amendment and military retirements, (3) the principle of detrimental reliance, and (4) the inapplicability …
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Natural Resources Journal
No abstract provided.
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
Natural Resources Journal
No abstract provided.
Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost
Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost
Faculty Book Display Case
For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), …
[Some Of] Your Evidence Questions Answered, George Bach
[Some Of] Your Evidence Questions Answered, George Bach
Faculty Teaching Resources
No abstract provided.
Impeachment And Rehabilitation, George Bach
Impeachment And Rehabilitation, George Bach
Faculty Teaching Resources
No abstract provided.
Lessons On Terrorism And "Mistaken Identity" From Oak Creek, With A Coda On The Boston Marathon Bombings, Dawinder S. Sidhu
Lessons On Terrorism And "Mistaken Identity" From Oak Creek, With A Coda On The Boston Marathon Bombings, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.