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- Indigenous, Indian, and Aboriginal Law (19)
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- New Mexico (28)
- Governmental Ethics (26)
- Political Reform (26)
- Campaign Finance Reform (23)
- State Ethics Commissions (21)
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- Ethics Reform (18)
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- Minutes (6)
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Articles 31 - 60 of 71
Full-Text Articles in Law
Subcommittee Report On Legislative Compensation, Gary E. Carruthers, Maralyn Budke, Jim Noel, Barbara Brazil
Subcommittee Report On Legislative Compensation, Gary E. Carruthers, Maralyn Budke, Jim Noel, Barbara Brazil
Governor Richardson's Task Force on Ethics Reform (2006)
Currently, under Section 1-19-29.1 NMSA 1978 legislators may use campaign funds for expenditures \u2026 reasonably related to performing the duties of office held, including mail, telephone, and travel expenditures to serve constituents, but excluding personal and legislative session living expenses'. An unintended consequence of allowing campaign funds for performance of duties of the office may be that a legislator(s) may be dependent in some measures on funds given to them by third parties who have specific interests they are promoting or supporting. In addition to the perception that legislators may be receiving contributions for political consideration, there is an even …
Subcommittee Report On Campaign Finance, Andrew Montgomery, Barbara Brazil, Justin Miller, Jim Noel, Hilary Tompkins
Subcommittee Report On Campaign Finance, Andrew Montgomery, Barbara Brazil, Justin Miller, Jim Noel, Hilary Tompkins
Governor Richardson's Task Force on Ethics Reform (2006)
New Mexico is one of a minority of 13 states that do not limit most campaign contributions. The United States Supreme Court has recognized that such limits may serve a states compelling interest in preventing corruption and the appearance of corruption in the political process. The Supreme Court has also concluded that reasonable contribution limits do not violate the United States Constitution. This report details several options for the Task Force's consideration, as well as the subcommittee's recommendations. In the 2005 Campaign Disclosure Project — Grading State Disclosure Report, New Mexico received a grade of F for its campaign disclosure …
Subcommittee Report On Gifts, Suellyn Scarneccia, W. Ken Martinez, Matt Brix
Subcommittee Report On Gifts, Suellyn Scarneccia, W. Ken Martinez, Matt Brix
Governor Richardson's Task Force on Ethics Reform (2006)
The giving of gifts to show ones appreciation is a valued tradition in New Mexico. However, the giving of gifts to public officials by persons financially interested in their official actions may have a corrupting influence. A clear statutory bright line definition as to when gifts are not acceptable, beyond the current quid pro quo standard, would provide a necessary foundation for effective regulation of lobbying and campaign finance. A clear definition would also make it easier for both public officials and citizens to comply, and thus increase the publics confidence in its government. This report reviews some options for …
Subcommittee Report On Public Financing Of Campaigns, Matt Brix, Dede Feldman, Stuart Bluestone, Stewart Udall
Subcommittee Report On Public Financing Of Campaigns, Matt Brix, Dede Feldman, Stuart Bluestone, Stewart Udall
Governor Richardson's Task Force on Ethics Reform (2006)
Broadly speaking, the Ethics and Campaign Reform Task Force has been assembled to develop constructive methods for removing the adverse effects of money on the political system and improving public confidence in the integrity of state government operations. There probably is no single more effective way to achieve this broad mandate than to remove the influence, access and problems due to political campaign contributions by having New Mexico join the leading vanguard of states and municipalities that provide public financing of elections. Not only would public financing help remove the real influence of money on the political process, it would …
Should The State Treasurer And The State Auditor Be Appointed?, Governor's Task Force On Ethics Reform
Should The State Treasurer And The State Auditor Be Appointed?, Governor's Task Force On Ethics Reform
Governor Richardson's Task Force on Ethics Reform (2006)
The impetus for this issue arises from the difficulty of disciplining or removing an official from elective office in the case of misconduct. Currently, the only provision for enforcement is impeachment. Impeachment is an expensive and burdensome procedure, especially for legislators who must devote great amounts of extra time. Also, voters are wary of any process which overturns their will as expressed at the polls. The practical effect of this situation is to remove accountability from these offices. The checks and balances that are central to successful governance are absent. Below is a discussion of whether making State Treasurer and …
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 …
Approved Minutes Of The Second Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform
Approved Minutes Of The Second Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform
Governor Richardson's Task Force on Ethics Reform (2006)
These are the minutes for the May 30, 2006 meeting of the Governor's Task Force on Ethics Reform.
Agenda--May 30, 2006, Governor's Task Force On Ethics Reform
Agenda--May 30, 2006, Governor's Task Force On Ethics Reform
Governor Richardson's Task Force on Ethics Reform (2006)
This is a proposed agenda for the May 30, 2006 meeting of the Governor's Task Force on Ethics Reform.
Testimony On The Regulation Of Indian Gaming, Oversight Hearing On The [Nigc] Minimum Internal Control Standards, Before The United States House Of Representatives, Committee On Resources, 109th Congress, 2nd Session, Kevin Washburn
Faculty Scholarship
State governments have an inherent conflict of interest in the regulation of Indian gaming. Strict regulation of Indian gaming can be good for the long term health of the industry, but may impact short term revenues. States have a strong short term interest in maximizing gaming revenue. Tribal governments should bear the primary responsibility for regulating Indian gaming. However, tribal regulators also have a weakness, namely, a myopia to the interests of other tribes and the national interests of the Indian gaming industry. Federal regulators can best protect the integrity of the industry nationally and ought to have a strong …
Approved Minutes Of The First Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform
Approved Minutes Of The First Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform
Governor Richardson's Task Force on Ethics Reform (2006)
These are the minutes for the May 3, 2006 meeting of the Governor's Task Force on Ethics Reform.
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Publications
No abstract provided.
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Publications
No abstract provided.
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Publications
No abstract provided.
Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle
Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle
Faculty Scholarship
The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of preparing the draft. …
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 …
Dspace: One Schools' Use Of An Open Source Institutional Repository, Michelle Rigual
Dspace: One Schools' Use Of An Open Source Institutional Repository, Michelle Rigual
Faculty Scholarship
A variety of resources, both proprietary and open source, have evolved in recent years to enable the collection, preservation, indexing and distribution of digital work, as well as to provide communities for peer review of works in progress. These emerging technologies make it more feasible to advocate for open access to scholarly communication. This presentation discusses the movement toward open access to scholarly information, as colleges and universities struggle to gain more control over and retain more rights to their scholarly output, and the consequences of not doing so. The speaker will also describe the various options currently available for …
The Impact On New Mexico’S Budget Of Allowing Same-Sex Couples To Marry, Steven K. Homer, M.V. Lee Badgett, R. Bradley Sears, Patrice Curtis, Elizabeth Kukura
The Impact On New Mexico’S Budget Of Allowing Same-Sex Couples To Marry, Steven K. Homer, M.V. Lee Badgett, R. Bradley Sears, Patrice Curtis, Elizabeth Kukura
Faculty Scholarship
This analysis by UCLA’s Williams Institute on Sexual Orientation Law and Public Policy, estimates the impact of allowing same-sex couples to marry on New Mexico’s state budget. Using the best data available, allowing same-sex couples to marry will result in a net gain of approximately $1.5 million to $2 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.
The Immortal Hattie Mcdaniel, Sherri L. Burr
The Immortal Hattie Mcdaniel, Sherri L. Burr
Faculty Scholarship
This speech focuses on McDaniel's career in a time of limited screen roles for African-Americans and her humanitarian endeavors. It was given at the U.S. Post Office unveiling of the 2006 Black Heritage postage stamp honoring McDaniel, the first African-American to win an Academy Award acting award. McDaniel won for portraying Mammy in the 1939 film "Gone with the Wind."
Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress
Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress
Native American Water Rights Settlement Project
Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Faculty Scholarship
The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.
Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya
Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya
Faculty Scholarship
No abstract provided.
The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding
The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding
Faculty Scholarship
This article explores how speculative bubbles undermine the effectiveness of securities regulations and spawn epidemics of securities fraud. A brief historical survey demonstrates that stock market bubbles almost invariably coincide with epidemics of securities fraud, and provides a compelling argument that the outbreak of fraud in the Enron era did not stem merely from factors unique to the 1990s, but from the dynamics of an asset price bubble as well. Drawing on perspectives from securities law practice and economic theory, the article argues that bubbles dilute the deterrent effect of antifraud rules and promote deregulation. Both effects alter the calculus …
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Faculty Scholarship
This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous …
An Environmental Pool For The Rio Grande, Kara Gillon
An Environmental Pool For The Rio Grande, Kara Gillon
Publications
The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …
Resourceful And Tough: The Fifth Circuit Libraries Pull Together To Weather Hurricanes, Jennifer Laws
Resourceful And Tough: The Fifth Circuit Libraries Pull Together To Weather Hurricanes, Jennifer Laws
Faculty Scholarship
Co-authored with Amy Hale-Janeke
The Ethical Health Lawyer: When Doing The Right Thing Means Breaking The Law - What Is The Role Of The Health Lawyer?, Robert L. Schwartz
The Ethical Health Lawyer: When Doing The Right Thing Means Breaking The Law - What Is The Role Of The Health Lawyer?, Robert L. Schwartz
Faculty Scholarship
No abstract provided.
Latcrit At Ten Years, Margaret E. Montoya
Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore
Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore
Faculty Scholarship
This article sets forth both principled and pragmatic arguments for the fair and humane treatment of all individuals detained in the war on terror derived from both U.S. and international law. Section II explores the human dimension of the "war on terror." Section IIA critiques the use of the metaphor of war to characterize counter-terrorism policy. Section IIB examines the experiences of several individuals apprehended by the United States on suspicion of involvement in terrorism, including the response of U.S. courts to their detention without charge as "unlawful combatants." Section III offers possible explanations for the phenomenon by which the …
Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport
Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport
Faculty Scholarship
This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …