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Articles 1 - 30 of 33
Full-Text Articles in Law
On Miranda And Misinterpretation: A Look At The Rights Of Native American Defendants, S. Meredith Morris
On Miranda And Misinterpretation: A Look At The Rights Of Native American Defendants, S. Meredith Morris
Student Thesis Honors (1996-2008)
In this paper, I posit that the Miranda ruling from the infamous case Miranda v. Arizona, when poorly applied, results in profound and blatant Eracism. I will begin Part I by stepping back in history to look at the evolution of Miranda and the cases that followed. Next, I take a look at the 2000 Census data and address the relatively current minority population percentages. Then, in Part II, I dissect Miranda, revealing what "custody" and "interrogation", the "right to an attorney" and "valid waiver" mean according to the Supreme Court. In Part III of this paper, I take a …
Tolerated Terror: Mexico's Failure To Punish Gender-Based Violence In Ciudad Juarez And Potential Avenues For Relief Under U.S. Asylum Law, Timothy Atler
Student Thesis Honors (1996-2008)
This paper examines the phenomenon of gender-related violence in Ciudad Juarez, Mexico and surveys what legal mechanisms exist to protect the human rights of the women who are being targeted there. The first section of the paper presents background information regarding the violence in Ciudad Juarez. This section first explores the historical and economic developments in Mexico that led to the migration of thousands of young, rural women to Ciudad Juarez. I then discuss the nature of the violence against these women in Ciudad Juarez as it has been reported by human rights agencies, journalists and scholars. Finally, I survey …
Killing With Kindness: The Myth Of "Consumer Protection" In The Bankruptcy Abuse And Consumer Protection Act Of 2005, Margaret Romero
Killing With Kindness: The Myth Of "Consumer Protection" In The Bankruptcy Abuse And Consumer Protection Act Of 2005, Margaret Romero
Student Thesis Honors (1996-2008)
The United States Congress considered bankruptcy reform for eight years before George W. Bush signed the Bankruptcy Abuse and Consumer Protection Act of 2005 ("BACPA") into law on April 20, 2005. Congressional proponents alleged that rampant and abusive practices required substantial reform measures to combat a staggering economic crisis that burdened every honest citizen. Bankruptcy reform offered the promise of "greater stability and fairness" in the American financial system. BACPA supporters promised that the massive reform measures were designed to curb abusive practices while protecting innocent consumers. However, despite apparently decent and compassionate intentions, some consumer protection measures may have …
Asylum Claims Based On Persecution On Account Of Religion: Women Persecuted Under Shari'ah Law, Nicole Moss
Asylum Claims Based On Persecution On Account Of Religion: Women Persecuted Under Shari'ah Law, Nicole Moss
Student Thesis Honors (1996-2008)
Asylum has been denied to Muslim women fleeing persecution under shari\'ah law in some countries because they failed to link the persecution to one of the enumerated grounds: race, religion, nationality, membership in a particular social group, or political opinion. These women often face extreme persecution including strict proscriptions on dress, behavior, work and educational opportunities and ability to marry and divorce. Trying to fit into the rigid refugee definition, many female asylum seekers have sought to fit their claim within the "membership in a social group" or "political opinion" category. This has been met with limited success. Muslim women …
Thus Far And No Further: The New Mexico Supreme Court's Failure To Expand The Rights Of The Criminally Accused Beyond Search And Seizure Under The State Constitution, Ryan Villa
Student Thesis Honors (1996-2008)
The New Mexico Supreme Court has at once been both proactive and conservative in expanding the rights of the accused under the State Constitution. In the field of search and seizure, the Court has been extremely active in heeding Justice Brennan's call to the states to expand liberties under state constitutions. Interestingly, at the same time, the court has failed to expand other rights of the accused with few exceptions. This paper seeks to explore some of the reasons why this dichotomy has occurred and offers a few strategies to argue for expansion in three other areas. These include the …
Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon
Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon
Student Thesis Honors (1996-2008)
Striving to preserve the institution of marriage for heterosexual couples, Congress passed the Defense of Marriage Act (DOMA) in 1996. DOMA was billed as promoting state autonomy by letting the states decide whether same-sex couples might legally wed, and whether or not to validate one another's decisions regarding same-sex marriage. Not convinced that the states could correctly decide so vital an issue, Congress launched the Federal Marriage Amendment in May 2003, defining marriage as restricted to a legal union between one man and one woman across the nation. However, fearing the light of scrutiny by what they call the activist …
Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce
Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce
Student Thesis Honors (1996-2008)
Congress signed the Individuals with Disabilities Education Act ("IDEA") into law with the express intent that individuals with disabilities receive a free and appropriate public education that is designed to meet their individual needs. In circumstances where parents believe the limited scope of remedies construed to be available under the IDEA is inadequate: the use of 42 U.S.C. 1983 ("Section 1983"); among other laws: has garnered special appeal. The courts, however, have split on the issue of whether 42 U.S.C. Section 1983 is available to plaintiffs seeking to allege a statutory violation of the IDEA. This Note will explore whether …
Weighing And Balancing Social And Economic Considerations Of Siting Landfills To Address Environmental Justice Concerns, Sharon Shaheen
Weighing And Balancing Social And Economic Considerations Of Siting Landfills To Address Environmental Justice Concerns, Sharon Shaheen
Student Thesis Honors (1996-2008)
Environmental justice in permitting new landfills is best addressed as one element of many weighed in an agency discretionary decision-making process. Siting landfills necessarily includes consideration of technical, social, economic and political issues. Currently, the landfill permitting process in New Mexico examines only technical, scientific, and geological factors. In effect, a permit must be granted if all of the technical specifications and notice requirements are met. To adequately address all of the impacts on a community when a landfill is sited nearby, an agency should have both the discretion to weigh and balance all relevant factors and the authority to …
The Disenfranchisement Of The American Indian, Brenna Clani
The Disenfranchisement Of The American Indian, Brenna Clani
Student Thesis Honors (1996-2008)
The history of the enfranchisement of the American Indian is complicated and complex. This paper will sort through this complicated and complex history. The paper will first analyze the unique status of Indians and how it excluded them from the meaning of "citizen," as interpreted by the United State Supreme Court. It is against this backdrop that the way in which states denied American Indians the right to vote after the Indian Citizenship Act of 1924 will then be analyzed.
Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre
Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre
Student Thesis Honors (1996-2008)
Copyright law governing digital music sampling is faced with two competing interests: (1) owners of recording and composition copyrights need to be reasonably compensated when their creative works are re-used by sampling artists, but (2) sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system is needed that balances these interests and that reduces the degree of uncertainty that arises whenever a sample gets used that infringes a copyright. This Essay will discuss the current state of the law as it relates to digital sampling and will proceed to …
A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt
A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt
Student Thesis Honors (1996-2008)
Although some form or another of human trafficking occurs in practically every corner of the world, for the purposes of this paper, I will focus on the ramifications of HIV/AIDS infection in victims of trafficking in the United States. As the HIV/AIDS crisis continues to grow, victims of trafficking face increasingly difficult obstacles to gaining legal status and healthcare in this country. The first portion of this paper will describe the history of trafficking and prostitution and the HIV/AIDS epidemic. The second portion will discuss current legislative action regarding trafficking. The third portion will analyze many of the complex issues …
State Ex Rel. Martinez V. City Of Las Vegas: The Misuse Of History And Precedent In Overruling The Pueblo Water Rights Doctrine In New Mexico, Martha Mulvany
State Ex Rel. Martinez V. City Of Las Vegas: The Misuse Of History And Precedent In Overruling The Pueblo Water Rights Doctrine In New Mexico, Martha Mulvany
Student Thesis Honors (1996-2008)
In State ex rel. Martinez v. City of Las Vegas, the Supreme Court of New Mexico struck the pueblo water rights doctrine from New Mexico law. State ex rel. Martinezs discussion of the pueblo water rights doctrine is primarily notable for its unprincipled use of history and the inconsistent application of the doctrine of stare decisis. This paper looks at the internal workings of the court's opinion rather than to the consequences it will have in the external world. There are several obvious lines of analysis that this paper might follow, but which it does not: This is not a …
Should State Courts Be Required To Follow The Decisions Of Lower Federal Courts When Interpreting Questions Of Federal Law?, Quinn Bumgarner-Kirby
Should State Courts Be Required To Follow The Decisions Of Lower Federal Courts When Interpreting Questions Of Federal Law?, Quinn Bumgarner-Kirby
Student Thesis Honors (1996-2008)
At first glance, the rule that state courts are not bound by decisions of the lower federal courts in interpreting questions of federal law seems uncontroversial. Yet the roots of that rule are far from clear. The United States Supreme Court has not definitively stated the rule. While the majority of courts seem to adhere to the rule, a few courts have held that state courts are bound by decisions of the lower federal courts under certain circumstances. Should state courts be bound by lower federal court decisional law? If not, should they nonetheless follow precedent from the circuit in …
Children As Research Subjects: The Overbroad Regulations In 45 C.F.R. \Xa7 46, Subpart D, In Conjunction With Legislative Economic Incentives Allow For Exploitation Of This Vulnerable Subject Population, Jacqueline Berg
Student Thesis Honors (1996-2008)
After describing and examining the disparity in research conducted on adults with that on children and why it exists, this paper will discuss the recent legislative response, will highlight a number of the ambiguities and the questionable ethics of the unsatisfying regulations governing children as research subjects, and will recommend improvements in striking the delicate balance needed to protect children from research abuse and improve their health through useful, careful research.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Student Thesis Honors (1996-2008)
Professor Gregory Allen in Ninth Amendment and State Constitutional Rights suggested a hypothetical conflict that could arise between state and federal courts when a state constitution provides for greater protection against governmental abuse of power than the federal constitution. One possible safeguard of autonomy for those states choosing to grant their citizens greater state law protections than the federal government is the Ninth Amendment. The Ninth Amendment protects unenumerated rights' that are retained by the people of the states. In theory, applying the Ninth Amendment would essentially federalize state law protections contained in state constitutions and guard that state from …
Pathways Toward Reconciliation: A Comparative Analysis, Darcie Johnson
Pathways Toward Reconciliation: A Comparative Analysis, Darcie Johnson
Student Thesis Honors (1996-2008)
Human rights violations have commanded markedly different responses from international organizations, nations and affected communities. Although divergent in structure, jurisdiction and procedure, each systemic response shares a common goal − national reconciliation and social reconstruction. This paper primarily focuses on a more traditional system, the International Criminal Tribunal of Rwanda (ICTR), in an effort to compare and distinguish its reconciliatory impact with alternative systems employed by the Rwandese government, its localities and South Africa post apartheid. In order to assess the likely impact of alternative systems on a nation of genocide survivors, one must first understand the historical precursors − …
When Estates Collide: A Student's Exploration Of The Law Of Conflicts In Mineral Development, Jason Marks
When Estates Collide: A Student's Exploration Of The Law Of Conflicts In Mineral Development, Jason Marks
Student Thesis Honors (1996-2008)
The separation of estates can and does result in situations in which the interests of the possessors are in conflict. Volume 1 of this paper explores the substantial body of common law pertaining to conflicts between mineral production and surface use. Traditionally, this law has unabashedly recognized the dominance of mineral interests over the surface estate. While some jurisdictions have adopted ameliorating doctrines through common law or by statute in recent decades, this unequal relationship still holds fast. In many respects and many situations, the dominance of mineral interests is justified by the reasonable construction of leases and other conveyances. …
Due Process For Asylum Seekers?, Christopher Lee
Due Process For Asylum Seekers?, Christopher Lee
Student Thesis Honors (1996-2008)
The first section examines the terminology of the Immigration and Naturalization Act ("INA") as it is used to classify the status and rights of aliens in deportation proceedings. This section explains the changes brought about by the Illegal Immigration and Immigrant Responsibility Act of 1996 ("IIRIRA"), which amended the INA by abandoning the old concept "entry," and replacing it with the terms "admission" and "admitted." This section also elaborates the current "double standard" of due process rights that exists between legal permanent residents and "unadmitted" aliens, as well as its historical analogue involving "deportable" and "excludable" aliens. The second section …
Did Cooper V. Leatherman Require State Appellate Courts To Apply A De Novo Standard Of Review For Determining The Constitutional Excessiveness Of Punitive Damages Claim?: Aken V. Plains Electric Generation & Transmission Cooperative, Inc., Cynthia Blackwell
Student Thesis Honors (1996-2008)
This note examines the rationale, in both the Cooper and Aken decisions, for changing the substantive due process standard of review for punitive damages and assesses the potential implications that arise in the wake of the Aken decision with respect to the role of the jury and the impact on appellate and trial courts in New Mexico.
Applying A Game Theory Model To Conflict And Cooperation On The Columbia River, Marcos Martinez
Applying A Game Theory Model To Conflict And Cooperation On The Columbia River, Marcos Martinez
Student Thesis Honors (1996-2008)
Game Theory represents a powerful analytical model with which we can examine the strategies that different states make when negotiating international watercourses. Although economists have applied game theory to a wide variety of conflict models, international water law scholars like Steven McCaffrey have largely limited themselves to applying traditional international law principles to the law governing international watercourses. Other scholars have applied game theory to international law, but few have connected international water law with game theory. Those few that have made the connection have focused on the recurring disputes in the Middle East. By contrast, I will attempt to …
Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez
Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez
Student Thesis Honors (1996-2008)
Although the Haratin live throughout North Africa, this paper focuses specifically upon the Haratin of the Tafilalt Oasis region of southern Morocco. Section one is devoted to the social history of the Haratin in order to 'locate' their position in modem Moroccan society. In particular, this section examines the multi-dimensional aspects of their identity, including the process of naming, and the exclusion of their indigenous identity by the majority of Moroccans. This section also scrutinizes the affect of race and class on the formation of Haratin identity. Section II discusses the Ait 'Atta Berber tribe's customary law and their political …
A Sea Change Or Much Ado About Nothing? The Future Of New Mexico Jurisprudence Concerning Tort Claims Arising From On-The-Job Injuries Of Employees In The Wake Of Delgado V. Phelps Dodge Chino And The Substantial Certainty Test, Sean Mcafee
Student Thesis Honors (1996-2008)
The New Mexico Supreme Court\'s decision in Delgado v. Phelps Dodge Chino, Inc. overruled the "actual intent test" and created an exception to the exclusivity provisions of the Workers Compensation Act which holds employers legally responsible for on-the-job injuries. The new standard created by the Delgado decision, holding employers responsible for conduct that is something less than intentional but more than negligence, purported to set the stage for a deluge of tort claims from injured employees who previously would have been precluded as a matter of law from recovering damages outside of the Act. Justice Franchini threw down the legal …
Interstate Management Of The High Plains Aquifer: A Case Study Of Western Texas And Eastern New Mexico, Kim Bannerman
Interstate Management Of The High Plains Aquifer: A Case Study Of Western Texas And Eastern New Mexico, Kim Bannerman
Student Thesis Honors (1996-2008)
This paper attempts to address this increasingly volatile issue by suggesting a form of interstate groundwater management through focus on one geographical area, the Llano Estacado region of Eastern New Mexico and Western Texas. This region shares a common groundwater source that is quickly being depleted, the High Plains Aquifer (the Aquifer). Up to the present the management of the Aquifer has remained localized under each state's water law. A new management mechanism is needed because often state water laws are inapt for promoting efficient use of groundwater and are also extremely inflexible in allowing for the change of use …
When Arsenic Is Safer In Your Cup Of Tea Than In Your Local Water Treatment Plant, Sue E. Umshler
When Arsenic Is Safer In Your Cup Of Tea Than In Your Local Water Treatment Plant, Sue E. Umshler
Student Thesis Honors (1996-2008)
The arsenic drinking water standard has been an issue for over fifty years and a hot debate topic since 1977. The Safe Drinking Water Act Amendments of 1996 require the Environmental Protection Agency to promulgate a proposed regulation by January 1, 2000 and a final National Primary Drinking Water Regulation by January 2, 2001. This paper examines the health benefit and cost issues for various Maximum Contaminant Levels of arsenic exposure and examines some of the social and environmental consequences of setting the standard too low. The author proposes three alternatives for the proposed rule and concludes that the present …
A Principaled Approach To Valuing Career Goodwill As Distributable Community Property, Brian K. Matise
A Principaled Approach To Valuing Career Goodwill As Distributable Community Property, Brian K. Matise
Student Thesis Honors (1996-2008)
This essay presents the thesis that the enhanced earnings capacity of a career (human capital) that results from the investment of community labor and community funds during a marriage is an intangible asset, career goodwill, that can be valued in the same manner as other forms of goodwill. Other commentators, most notably Allen Parkman, have proposed valuing human capital in a similar manner. Courts have been inconsistent in their recognition of this goodwill because of conceptual difficulties in understanding the nature of goodwill and because courts fail to understand how to value this goodwill. The essay presents a principled approach …
Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp
Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp
Student Thesis Honors (1996-2008)
Madrid v. Lincoln County Medical Center is the first New Mexico case to recognize a cause of action for the negligent infliction of emotional distress (NIED) arising from possible exposure to the virus that causes acquired immunodeficiency syndrome (AIDS). The court in Madrid held that recognition of emotional distress claims arising out of a negligently created fear of contracting the human immunodeficiency virus (HIV) through a medically sound channel of transmission does not require proof of actual exposure to the virus. In arriving at its decision, the Madrid court rejected the tort-recovery principles formulated in the "fear of future disease" …
The Legal Construction Of Gender, Trena Lee Klohe
The Legal Construction Of Gender, Trena Lee Klohe
Student Thesis Honors (1996-2008)
The existence of biologically, psychologically and socially transgendered persons challenges commonplace notions about "the sexes." The entry of transgendered persons and their concerns into the legal arena has forced the law on occasion to examine its usually implicit assumptions about sex and gender. This paper explores the following questions: is sex truly an "immutable characteristic" for all legal purposes? If not, at what point and under what circumstances does the law acknowledge a change from one sex to the other? This paper also examines the legal enforcement of gendered social norms. Such norms are frequently at odds with personal experience, …
New Mexico Bad Faith, Cheryl Thompson
New Mexico Bad Faith, Cheryl Thompson
Student Thesis Honors (1996-2008)
With the introduction of the automobile came a marked increase in complaints and tension between insureds and their insurance companies. As a result, a significant development in insurance law is that insurers may be held liable in tort for bad faith performance of their duties to insureds. The law of bad faith contemplates that a special relationship exists between insurance companies and their insureds. Recognizing the unique peculiarities of the insurance environment, courts have fashioned the tort of bad faith as a way of regulating the insurer-insured relationship. The underlying premise of the law of bad faith is that insurers …
The Forest Service, Water Yield, And Community Stability: Defining The Contours Of An Agency Commitment To Include Land Grant Communities In The Timber Management Process, Brett Olsen
Student Thesis Honors (1996-2008)
John Wesley Powell\'s 1878 Report on the Lands of the Arid Region of the United States and later Irrigation Surveys proposed a settlement pattern based upon watersheds or "hydrographic basins." Powell\'s plan died ingloriously in the Senate Committee on Irrigation. Profligate overgrazing and logging in the West\'s forested uplands would force the federal reservation of the National Forests under the Organic Administrative Act of 1897. The Act directed the management of reserved, upland watersheds for the twin purposes of "securing favorable conditions of water flows, and to furnish a continuous supply of timber for the ... citizens of the United …
From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey
From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey
Student Thesis Honors (1996-2008)
This paper examines the law and ethics of media outing. First, it explains the history of outing and the arguments for and against it. Next, it evaluates the potential causes of action for an outing victim and proposed changes in the law. Third, this paper explores the possibility that the best response to outing may be a non-legal one: better ethics in journalism.