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Articles 1 - 30 of 30
Full-Text Articles in Law
Opinion Denying Defendants' Motion To Dismiss, Harold H. Greene
Opinion Denying Defendants' Motion To Dismiss, Harold H. Greene
Sandia Pueblo Mountain Claim
No abstract provided.
A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld
A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld
Faculty Scholarship
The author recounts a photography course that taught the three keys to an effective photograph: determining theme, focusing attention on char theme, and simplifying. This article adapts these three keys to legal writing to teach and remind writers of the necessary components of an effective legal document. This method provides a new way to look at old teachings.
Water Management Strategy For The Middle Rio Grande Valley, Jeff Whitney, Rob Leutheuser, Rich Barrios, Dick Kreiner, John Whipple, Subhas Shah, Gary Daves
Water Management Strategy For The Middle Rio Grande Valley, Jeff Whitney, Rob Leutheuser, Rich Barrios, Dick Kreiner, John Whipple, Subhas Shah, Gary Daves
Aquatic Ecology Symposium
No abstract provided.
Jicarilla Apache Water Rights Settlement Act Amendment Of 1996, United States 104th Congress
Jicarilla Apache Water Rights Settlement Act Amendment Of 1996, United States 104th Congress
Native American Water Rights Settlement Project
Federal legislation: Act of October 9, 1996 - Sec. 2, Amendment to the Jicarilla Apache Water Rights Settlement Act of 1992, PL 104-261 §2, 110 Stat. 3176. Parties: Jicarilla Apache Nation and US. An amendment to the Settlement Act of 1992 to move the adjudication decree deadline from December 31, 1996 to December 31, 1998. Related to rights in the Rio Chama drainage. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]
1996 Amendment To The San Carlos Apache Tribe Water Rights Settlement, United States 104th Congress
1996 Amendment To The San Carlos Apache Tribe Water Rights Settlement, United States 104th Congress
Native American Water Rights Settlement Project
Federal Legislation: 1996 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, PL 104-261, § 3,100 Stat. 3176 (Oct. 9, 1996). Parties San Carlos Apache Tribe & US. Section 3711(b)(1) of Title XXXVII of the San Carlos Apache Tribe Water Rights Settlement of 1992 (106 Stat. 4752) is amended by striking `December 31, 1996' and inserting `June 30, 1997'. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Publications
Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.
A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg
A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg
Faculty Scholarship
This article analyzes the duties placed on the stadium and event-site owners to prevent such injuries, as well as the defenses available to stadium and event-site owners. Spectator injuries constitute a large area of negligence law and there is a commonality among the various spectator sports. This article analyzes stadium/event-site owner liability in a three-dimensional model. The purpose of a three-dimensional model is to unweave the complex fabric which constitutes liability for spectator injuries. Various sports are independently analyzed in the first section, which represents one dimension. Part II assesses three common types of jurisdictions which affect the stadium/event-site owner's …
An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg
An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg
Faculty Scholarship
This article centers on the influences of the Enlightenment through Voltaire on both the framers of American law and on the Eighth Amendment's prohibition against cruel and unusual punishment. Before discussing the weight of Voltaire's influence on the law makers in the early republic, it is first important to envision a general picture of both Enlightenment philosophy and the experiences of Voltaire in Eighteenth Century France. Therefore, in Part I, this paper examines Seventeenth and Eighteenth Century Enlightenment philosophy on criminal punishment, as well as the philosophy of Voltaire. Part II addresses a similar exploration of the impact of this …
Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna
Faculty Scholarship
If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …
Errata--Motion For A Status Conference, Thomas R. Bartman
Errata--Motion For A Status Conference, Thomas R. Bartman
Sandia Pueblo Mountain Claim
No abstract provided.
Affidavit Of L. Lamar Parrish, L. Lamar Parrish
Affidavit Of L. Lamar Parrish, L. Lamar Parrish
Sandia Pueblo Mountain Claim
No abstract provided.
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.
Affidavit Of Elizabeth A. Brandt, Ph.D. (With Resume), Elizabeth A. Brandt
Affidavit Of Elizabeth A. Brandt, Ph.D. (With Resume), Elizabeth A. Brandt
Sandia Pueblo Mountain Claim
No abstract provided.
A Good Regulation Went Bad: Fractional Elk Graze New Mexico, Brian Thomas
A Good Regulation Went Bad: Fractional Elk Graze New Mexico, Brian Thomas
Student Thesis Honors (1996-2008)
In 1989, the New Mexico State Game Commission (SGC) and Department of Game and Fish (DGF) promulgated the first of a new generation of regulations governing private landowner permits for elk. These regulations proposed to provide compensation to landowners for elk which invade and destroy their private property. With modifications, that original regulation was re-promulgated in 1995 as 19 N.M.A.C. 30.5, Private Land Elk License Allocation. The regulation requires landowners to demonstrate elk depredations, and once shown, allows the landowner access to a permit distribution system. Rather than "tooth and claw" depredations caused by large carnivores, elk cause "displacement" depredations. …
Female Genital Mutilation: A Form Of Persecution, Beth Ann Gillia
Female Genital Mutilation: A Form Of Persecution, Beth Ann Gillia
Student Thesis Honors (1996-2008)
26 p. ; An outstanding student paper selected as a Honors Paper.
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Faculty Scholarship
Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.
Affidavit Of Rick Hendricks, Ph.D. (With Resume), Rick Hendricks
Affidavit Of Rick Hendricks, Ph.D. (With Resume), Rick Hendricks
Sandia Pueblo Mountain Claim
No abstract provided.
In Search Of The Deliberative Initiative: A Proposal For A New Method Of Constitutional Change, Arne R. Leonard
In Search Of The Deliberative Initiative: A Proposal For A New Method Of Constitutional Change, Arne R. Leonard
Student Thesis Honors (1996-2008)
The use of citizen's initiatives to amend state constitutions reached record high levels in the 1992-93 biennium. Proponents of the initiative argue that it provides a healthy means of turning a voter's distrust into much-needed governmental reform. Yet critics are quick to point out that correcting the abuses of representative government is not the only objective of the initiative campaigns of the 1990s. The initiative also has been used to denigrate the rights of minorities. In addition to threatening the rights of minorities, some critics argue this weapon may undermine the federal guarantee that each state shall have a republican …
History Of The Boundaries Of The Pueblo Of Sandia, 1748-1860, Stanley M. Hordes
History Of The Boundaries Of The Pueblo Of Sandia, 1748-1860, Stanley M. Hordes
Sandia Pueblo Mountain Claim
The purposes of this report are threefold: (1) to analyze the boundaries of the Pueblo of Sandia, as articulated and interpreted by Spanish, Mexican and U.S. Territorial authorities from the establishment of Sandia Pueblo in 1748 until the marking of the boundaries by the Office of Surveyor General in 1860; (2) to define the term, sierra madre in its proper historical context; and (3) to ascertain whether in 1748 Sandia Pueblo was populated by descendants of the original Sandia Pueblo people who had migrated to the Hopi country after the Pueblo Revolt of 1680, or, on the other hand, the …
San Carlos Apache Tribe Water Rights Settlement Of 1992, Amendment Of 1996, United States 104th Congress
San Carlos Apache Tribe Water Rights Settlement Of 1992, Amendment Of 1996, United States 104th Congress
Native American Water Rights Settlement Project
Federal Legislation: Jan. 1996 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, PL 104-91, § 202| 110 Stat. 7, 14 (Jan. 6, 1996) Parties: US & San Carlos Apache Tribe. Extends Sec. 3711(b)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (title XXXVII of Public Law 102–575) is amended by striking ‘‘December 31, 1995’’ and inserting ‘‘December 31, 1996’’. The effective date of changes is Dec. 31, 1995. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ91/pdf/PLAW-104publ91.pdf]
Yavapai-Prescott Indian Tribe Water Rights Settlement Of 1994, Amendment Of 1996, United States 110th Congress
Yavapai-Prescott Indian Tribe Water Rights Settlement Of 1994, Amendment Of 1996, United States 110th Congress
Native American Water Rights Settlement Project
Federal Legislation: An Act to require the Secretary of Commerce to Convey to the Commonwealth of MAs the National Marine Fisheries Service Laboratory Located on Emerson Avenue in Gloucester, MA, PL 104-91, § 201, 110 STAT. 7, 14 (Jan. 6, 1996). Parties: Yavapai-Prescott Tribe, AZ, Prescott, Chino Valley Irrigation District and US. Title II amends the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994 by extending the effective date to June 30, 1996 and reviving a contract. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ91/pdf/PLAW-104publ91.pdf]
Artistic Parody: A Theoretical Construct, Sherri L. Burr
Artistic Parody: A Theoretical Construct, Sherri L. Burr
Faculty Scholarship
This article looks at artists and copyright holders who sue parodists and claim a violation of the copyright in their works, and proposes increasing the available options for parodists.
Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison
Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison
Faculty Scholarship
While we believe that the work of healing our cultural dyslexia is partly cognitive, in and through this paper we have tried to enact the experiential aspect. We may approach the entrances of the borderlands through reading and thinking, however we believe that the borderlands is a phenomenon of living, a phenomenon of well-intentioned people interacting in deliberate and thoughtful ways with those who are simultaneously like and unlike us/them. The borderlands require that we bring our critical faculties to bear on life's experiences, but, more often than not, we must suspend them in favor of more charitable and affiliative …
The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall
The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall
Faculty Scholarship
The Legal Culture of Northern New Spain, 1700-1810. By Charles R. Cutter. (Albuquerque: University of New Mexico Press, 1995. xii+ 227 pp. Illustrations, maps, notes, bibliography, index. $39.95.)
Should The Michigan Supreme Court Adopt A Non-Majority Vote Rule For Granting Leave To Appeal?, Carol A. Parker
Should The Michigan Supreme Court Adopt A Non-Majority Vote Rule For Granting Leave To Appeal?, Carol A. Parker
Faculty Scholarship
This article examines the evolution of Michigan's appellate court system, the role of a modem supreme court, and the rationale for giving a court discretionary jurisdiction. It also reviews the theory of the non-majority vote rule as a procedural safeguard against abuse of the discretionary review power. The Note also assesses current problems faced by the Michigan Supreme Court which are driven to a large extent by escalating appellate caseloads, and whether adoption of a non-majority vote rule would be an improvement over the status quo. This Note concludes that adoption by the Michigan Supreme Court of a "Rule of …
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
Faculty Scholarship
Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …
Of Vulcans And Values: Judicial Decision-Making And Implications For Judicial Education, Paul Biderman
Of Vulcans And Values: Judicial Decision-Making And Implications For Judicial Education, Paul Biderman
Faculty Scholarship
This article begins by analyzing scholarly works which have addressed the role of a judge's personal values in the work of the judiciary. I will then attempt to identify where values clearly or arguably enter decisions, not because judges necessarily want them to but because the legal system compels it. In particular, I will explore that role not only in the more visible context of monumental appellate decisions, but also in the seemingly routine actions of every judge who sits on a bench. I will then review some guidelines that have been offered for appropriate application of values in the …
Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport
Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport
Faculty Scholarship
In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the …
Black Women, Gender Equity And The Function At The Junction, Alfred Dennis Mathewson
Black Women, Gender Equity And The Function At The Junction, Alfred Dennis Mathewson
Faculty Scholarship
After teaching sports law for several years, I am struck that few people can articulate a coherent general thesis of what gender equity means or a clear vision of what the athletic picture will look like when it has been attained. The law of gender equity, however, is not so difficult to find. The Equal Protection Clause of the Fourteenth Amendment, 42 U.S.C. § 1983 (§ 1983) and Title IX of the Civil Rights Act of 1964, as amended by the Education Amendments of 1972, are the major sources of American gender equity law. The Equal Protection Clause has been …
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Faculty Scholarship
Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.