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Articles 1 - 7 of 7
Full-Text Articles in Law
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 …