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Articles 1 - 5 of 5
Full-Text Articles in Law
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 …