Law Commons^™

Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa

Publications

No abstract provided.

Grand Theft Auto Loans: Repossession And Demographic Realities In Title Lending, Nathalie Martin

Faculty Scholarship

This Article analyzes empirical data on one of America's fastest growing credit products, the title loan. A title loan is a high-interest, deeply oversecured, consumer loan, in which the consumer uses an unencumbered automobile as collateral for a non-purchase money loan. Title loans are made based solely on equity in a car. If a customer has insufficient income to pay the payments under the loan, typically interest-only payments at 300% per annum or more, the lender repossesses the vehicle, many of which have GPS trackers installed for this purpose. Not surprisingly, the repossession rates for title loans are higher than …

Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly

Publications

No abstract provided.

Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes

Faculty Scholarship

Dawinder S. Sidhu of the University of New Mexico School of Law writes in with the following comments on the fallout from the shooting at the Sikh Temple at Oak Creek, Wisconsin.

Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Groundwater In New Mexico, Darcy Bushnell

Publications

No abstract provided.

Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law

Publications

No abstract provided.

Rhetoric, Referential Communication, And The Novice Writer, Barbara P. Blumenfeld

Faculty Scholarship

Classical rhetoric is integral to teaching legal writing, and this essay argues that its use must be enhanced with audience awareness. This is so rhetoric can be successfully applied to teaching and the practice of legal writing.

This essay begins with a very brief overview of the relationship of rhetoric to legal writing and how audience awareness is a key factor in both. This overview leads to a definition of two distinct tasks that must be incorporated into the writing process: first, learning about and understanding specific audiences; second, learning how to implement writing that works for that audience.

A …

There's No Place Like Home: Realizing The Vision Of Community-Based Mental Health Treatment For Children, Yael Cannon

Faculty Scholarship

On the heels of the recession, the recent U.S. Census data reveals that the percentage of children living in poverty in the United States has grown to almost a quarter. Because children from low-income families are more likely to be exposed to high levels of stress, violence, abuse, overcrowding and other risk factors, they are far more likely to develop a mental health disorder--and to have their mental health needs go unmet. Rather than receive the necessary educational and mental health services, these children are often suspended and expelled, funneled through the school-to-prison pipeline' into the juvenile and criminal justice …

Order Of Determination Of Water Rights For The Owyhee River And Its Tributaries, Including The Rights Of The Shoshone-Paiute Tribes Of The Duck Valley Reservation, Shoshone-Paiute Tribes Of The Duck Valley Indian Reservation, Nevada, United States

Native American Water Rights Settlement Project

Settlement Agreement: Agreement to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation and the Upstream Water Users, East Fork Owyhee River (2006) contained, at the 368th page, as Appendix B to In the Matter of the Determination of the Relative Rights in and to the Waters, Both Surface and Underground, Within the Drainage Area of the Owyhee River and its Tributaries Located within the East For Owyhee River Area, Elko County, NV, Order of Determination, From the Office of the State Engineer of Nevada, 2012. Parties: the Shoshone-Paiute Tribes of the Duck Valley …

In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Law Clinics In Taiwan: Can Clinical Legal Education Succeed In This Civil Law Jurisdiction With An Undergraduate Legal Education System?, Serge A. Martinez

Faculty Scholarship

Law school clinics' are an important part of legal education around the world, but there are still many places without clinics, including Taiwan. It is important for Taiwanese legal educators to consider whether and how clinical education might fit into the Taiwanese legal education system. When discussing clinical education, several concerns are commonly raised. are undergraduate students capable of doing and benefitting from clinical work? Is student practice legal? What effect does student practice have on quality of representation? How does a clinic fit with the existing apprenticeship program? Who would teach a clinic? How do clinics fit with the …

Protecting Our Natural Environment, Denise D. Fort

Faculty Scholarship

We don’t have a framework for protecting the ecological aspects of rivers and streams and that’s what I want to talk about today. We have failed to protect these natural values in our rivers, and my concern as we look toward the future is what sorts of steps Congress should take to stem further damage and to help us restore our rivers and streams.

My first point is that New Mexico should manage water demand rather than investing in large-scale water projects. My second recommendation and that is restoration. Restoration of the state’s rivers is something we had begun to …

Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Avoidable “Fraccident”: An Argument Against Strict Liability For Hydraulic Fracturing, Joseph A. Schremmer

Faculty Scholarship

Whether fracking is an abnormally dangerous activity for purposes of strict liability appears to be an issue of first impression. That larger issue primarily turns on a smaller one: whether fracking accidents—or “fraccidents”—are avoidable or unavoidable. To that end, this Comment argues that when practiced with reasonable care and in the vicinity of other petroleum production, fraccidents are avoidable, and thus, fracking is not abnormally dangerous. Instead of strict liability, courts should combine a negligence standard with res ipsa loquitur to determine liability of fracking companies that contaminate water sources. First, this Comment will present background on the process and …

Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Law School A Wellspring Of Future U.S Leaders, Kevin Washburn

Faculty Scholarship

People sometimes ask me if our country has too many lawyers. Well, yes, and it has led to our success. Trust is based on the best judicial system in the world and a strong commitment to the rule of law.

Law School A Wellspring Of Future U.S. Leaders, Kevin Washburn

Faculty Scholarship

No abstract provided.

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu

Faculty Scholarship

In this Article, I argue that the Eleventh Circuit's general legal approach to such religious freedom claims and its support for restrictive inmate grooming standards are no longer sustainable. That is, a substantial and increasing number of jurisdictions have been able to respond to their penological concerns-the same penological interests that undergird and justify the restrictive inmate grooming standards adopted by the states within the Eleventh Circuit-without abridging the rights of inmates to grow their hair in accordance with their respective faiths. Accordingly, I posit that the Eleventh Circuit's jurisprudence must not only be revisited, but replaced with a more …

Hugo Black’S Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg

Faculty Scholarship

Centered on Justice Black, this Article is a legal history of the decisional processes, political influences, and jurisprudential ideologies involved in Konigsberg v. State Bar of California (Konigsberg I), Schware v. Board of Bar Examiners, Konigsberg v. State Bar of California (Konigsberg II ). It also provides a window into what the Justices saw as the role of the legal profession in the criminal justice system, as well as in national security. Within the Court, two opposing camps led by Justice Hugo Black and Justice John Harlan sparred over the ability of state judicial branches to determine bar admission based …

American Bar Association Section Of Environment, Energy, And Resources Symposium: Selected Addresses [Comments], Eileen Gauna

Faculty Scholarship

Opening remarks for Environmental Justice conference that reviews the growth and efforts made for environmental justice.

American Indian Water Right Settlements, Darcy Bushnell

Publications

No abstract provided.

The Criminal Rules Enabling Act, Max J. Minzner

Faculty Scholarship

The Rules Enabling Act (the "REA") authorizes the Supreme Court to prescribe "general rules of practice and procedure" as long as those rules do not "abridge, enlarge or modify" any substantive right.' The Supreme Court has frequently considered the effect of these restrictions on the Federal Rules of Civil Procedure ("Civil Rules"). In order to avoid REA concerns, the Court has imposed limiting constructions on a number of the Civil Rules. A significant academic literature has grown up analyzing and criticizing the Court's approach in these cases. The literature frequently argues for more expansive interpretations of the REA that would …

New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer

Publications

No abstract provided.

The Indigenous Legal Tradition As Foundational Law, Christine Zuni Cruz

Faculty Scholarship

This chapter is drawn from a transcribed joint presentation made by Christine Zuni Cruz (Isleta/Ohkay Owingeh) and Casey Douma (Laguna/Hopi-Tewa) at the Pueblo Convocation in April 2012 at Tamaya. Sections I, II and V are based on the presentation made by Christine Zuni Cruz; Sections III and IV summarize the presentation made by Casey Douma. Section VI combines the concluding thoughts of Zuni Cruz and Douma. Special thanks to Aaron Sims (Acoma Pueblo) for producing the computer images for Figures 1 and 4. Figures 1 and 4 are adapted illustrations created by Christine Zuni Cruz in an earlier article (Zuni …

Albuquerque Journal Interviews Moore About The Law Of Compassion, Jennifer Moore

Faculty Scholarship

No abstract provided.

The Practice Of Disaster Law, Clifford J. Villa

Faculty Scholarship

9/11…Katrina…the BP Oil Spill…Few of us probably want to say that our primary practice area is “Disaster Law,” but the reality is that it is an increasingly potent area of focus for many law firms. Clifford Villa tells us that 2011 was an unprecedented year for disasters in the United States, and unfortunately, like death and taxes—it likely will continue to grow.

Humanitarian Law In Action Within Africa, Jennifer Moore

Faculty Scholarship

I’m happy to share news of my book Humanitarian Law in Action within Africa, soon to be released by Oxford University Press.