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Articles 1 - 30 of 43
Full-Text Articles in Law
Demonizing Muslims Only Benefits Is, Jennifer Moore
Demonizing Muslims Only Benefits Is, Jennifer Moore
Faculty Scholarship
It is wrong to marginalize Muslims in part because such attitudes intensify the very dangers they purport to alleviate. Simply put, Islamophobia feeds ISIS-inspired terrorism.
Brief For New Mexico Trial Lawyers Association, Montaño V. Frezza As Amicus Curiae, George Bach
Brief For New Mexico Trial Lawyers Association, Montaño V. Frezza As Amicus Curiae, George Bach
Faculty Scholarship
This brief is on whether to extend sovereign immunity to out-of-state doctor in medical malpractice action.
Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy
Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy
Faculty Scholarship
The petitioners argue:
1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.
2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.
3) Supervisory Review is Further Needed Because Both …
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
Faculty Scholarship
Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …
Funding The Costs Of Disease Outbreaks Caused By Non Vaccination, Robert L. Schwartz
Funding The Costs Of Disease Outbreaks Caused By Non Vaccination, Robert L. Schwartz
Faculty Scholarship
While vaccination rates in the United States are high – generally over 90 percent – rates of exemptions have been going up, and preventable diseases coming back. 2014 is shaping to be one of the worst years for measles since 1994, with outbreaks generally starting from unvaccinated individuals and affecting primarily the unvaccinated. While pertussis is a more complex story, communities with high rates of exemptions are more vulnerable to outbreaks. Aside from their human cost and the financial cost of treatment imposed on those who become ill, outbreaks impose financial costs on an already burdened public health system, diverting …
Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn
Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn
Faculty Scholarship
Indian Country Today Media Network caught up with Kevin K. Washburn to discuss his legacy as ASIA, among other hot topics in Indian country like: reformed federal recognition rules, Cobell, Oak Flat, Land in Trust and more.
Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa
Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa
Faculty Scholarship
Professor Clifford Villas offers perspective on the Animas River spill in segment entitled, "First News: N.M. Governor, Senators Seek Answers From EPA Over Mine Spill".
Animas River Spill: 0:01-2:40 Professor Villa's quotes appear at 1:27-1:51 and 2:06-2:31; KSFR First News
Freedom From Detention For Central American Families, Jennifer Moore
Freedom From Detention For Central American Families, Jennifer Moore
Faculty Scholarship
August 19th is World Humanitarian Day, declared by the UN General Assembly in 2008, out of a growing concern for the safety and security of humanitarian workers who are increasingly killed and wounded in direct military attacks or infected by disease when helping to combat global health pandemics.
Clearing Up Questions On River Spill, Clifford J. Villa
Clearing Up Questions On River Spill, Clifford J. Villa
Faculty Scholarship
What-are the impacts of mine contamination, and who is responsible for cleaning it up?
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith
Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith
Natural Resources Journal
No abstract provided.
Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James
Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James
Natural Resources Journal
No abstract provided.
Threshold Liberty, Dawinder S. Sidhu
Threshold Liberty, Dawinder S. Sidhu
Faculty Scholarship
To ensure that the Thirteenth Amendment has modern application in a manner consistent with these important constitutional considerations and these cases, the Amendment should no longer be interpreted to prohibit the “badges and incidents” of slavery, a non-textual category of harms that is virtually limitless in scope and is therefore virtually limitless as a source of congressional action. Instead, drawing from the Amendment’s textual prohibitions against “slavery” and “involuntary servitude,” direct or functional limitations on physical mobility should be the touchstone for the enforcement power moving forward. To justify this proposal, this Article summarizes the Supreme Court’s Thirteenth Amendment jurisprudence, …
Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak
Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak
Faculty Scholarship
The report finds that clean transportation policies could cut greenhouse gas emissions between 29 to 40 percent in the TCI region by 2030. A comprehensive implementation of state policies could result in net cost savings of up to $72.5 billion over 15 years for businesses and consumers, along with tens of thousands of new jobs and improvements in public health.
Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker
Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker
Natural Resources Journal
No abstract provided.
Racial Mirroring, Dawinder S. Sidhu
Racial Mirroring, Dawinder S. Sidhu
Faculty Scholarship
“Racial mirroring” refers to efforts by one group to match the primary racial composition of another group. In contrast to racial balancing, which takes place when two groups are adjusted simultaneously to achieve a desired degree of racial equilibrium between them, racial mirroring occurs when the racial makeup of one group is adjusted so as to reflect the predominant racial identity of the second group. Employers and even federal courts engage in racial mirroring. For example, in order to generate trust among customers, employers have hired or promoted individuals of the same race as the employers’ primary customer base. Further, …
Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Publications
Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
Faculty Scholarship
Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
The Impact Of Federal Law On A Decedent’S Digital Assets, Sergio Pareja
The Impact Of Federal Law On A Decedent’S Digital Assets, Sergio Pareja
Faculty Scholarship
Recently, estate planners and scholars have begun to grapple with the problem of transferring digital assets at death. In Probate Law Meets the Digital Age, Professor Naomi Cahn adds an interesting new dimension to this relatively new issue. She focuses on the effect of the Stored Communications Act (“SCA”) on estate administration. Although the SCA does not affect a fiduciary’s ability to distribute assets once they are discovered, it affects the fiduciary’s ability to examine on-line accounts to discover those assets.
The Sikh's Public Relations Problem, Dawinder S. Sidhu
The Sikh's Public Relations Problem, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Segregating Workplaces By Religion, Dawinder S. Sidhu
Segregating Workplaces By Religion, Dawinder S. Sidhu
Faculty Scholarship
Many employers use dress codes to keep visibly religious employees out of sight. Now, the Supreme Court has a chance to end the practice.
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Faculty Scholarship
The president may create another Guantanamo -- in Afghanistan. Here's why it could backfire on him in a big way.
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja
Faculty Scholarship
Current law incentivizes the use of traditional retirement plans, but those plans may not actually produce the best long-term tax situation for the taxpayer. The stepped-up basis at death does not apply to what is known as “income in respect of a decedent” (IRD). Generally, IRD is income that cannot be assigned from one person to another for income tax purposes. This includes pre-tax income set aside in a traditional employer-sponsored retirement plan, such as a 401(k) plan, as well as contributions to a deductible individual retirement account (IRA). Thus, stock held within a traditional employer-sponsored retirement plan or a …
Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja
Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja
Faculty Scholarship
The Earned Income Tax Credit (EITC) was a key component of the welfare reform movement that began in the 1970s and expanded in the 1990s. Politicians and the public saw the EITC as a helping hand to working families -- a way to make work pay.' The EITC today is the single largest federal anti-poverty program in the United States. Although the EITC clearly is targeted at families with children, it is not optimally structured to improve child welfare. The current rules limit EITC eligibility to a taxpayer who lives with a child more than six months of the year, …
Brief For National Association Of Criminal Defense Lawyers As Amici Curiae, Fortino Alvarez V. Randy Tracy, Verónica C. Gonzales-Zamora, Barbara L. Creel
Brief For National Association Of Criminal Defense Lawyers As Amici Curiae, Fortino Alvarez V. Randy Tracy, Verónica C. Gonzales-Zamora, Barbara L. Creel
Faculty Scholarship
Amici’s brief is relevant because it squarely address the central issue of whether a tribal exhaustion rule ought to apply in habeas proceedings filed under 25 U.S.C. § 1303, and if so, what standards and exceptions apply to allow federal review of a tribal order of detention. Amici offer substantial experience in the field of federal habeas corpus, and criminal law in Indian country.
The brief is desirable because it will provide the Court the benefit of the research, legal analysis and experience amici bring to this important issue. The NACDL includes a Native American Justice Committee that is concerned …
Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu
Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
A Wind Watcher's Tale: Skinned Alive, C.F. Black
A Wind Watcher's Tale: Skinned Alive, C.F. Black
Tribal Law Journal
This is an excerpt from the forthcoming book, A Mosaic of Indigenous Legal Thought: Legendary Tales and Other Writings, by Dr. C.F. Black. Her book is a return to traditional ways of conveying legal and ethical thought, by writing a series of anthropomorphized animal tales, evocative poetry and rhetorical writings.
This excerpt is one of the narrative tales. The introduction included in the excerpt will help guide the reader's understanding of the context and significance this piece.
Editorial Tribute To Professor G. William Rice, Christine J. Jordan, Connie Tsosie De Haro
Editorial Tribute To Professor G. William Rice, Christine J. Jordan, Connie Tsosie De Haro
Tribal Law Journal
It is with great admiration, affection and respect that the Tribal Law Journal dedicates this issue to the memory of Professor G. William Rice. Professor Rice’s work had a wide and long-lasting impact on the Indian Law community. As legal professionals who strive to make a positive difference in the lives of Indigenous people, we can only hope to live in a way that would make Professor Rice proud. He will be dearly missed.
The Tribal Law Journal is honored to publish his last article, American Indian Children and U.S Policy in this issue.