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Articles 1 - 25 of 25
Full-Text Articles in Law
Till The Rivers All Run Dry: Equal Sovereignty And The Western Water Crisis, Simon Ciccarillo
Till The Rivers All Run Dry: Equal Sovereignty And The Western Water Crisis, Simon Ciccarillo
Washington and Lee Law Review Online
Across the United States, a countless number of people rely on groundwater for basic necessities such as eating, drinking, agriculture, and energy-creation. At the same time, overuse combined with increasingly dry conditions throughout the country, tied to the increasingly unpredictable and devastating impacts of climate change, threaten this fundamental building block of society. Nowhere is this problem more pernicious than the American Southwest. The Colorado River Basin has always been the epicenter of water disputes between communities and states. Bad policies, unhelpful federal actions, and sluggish Supreme Court decisions stop the painful but necessary steps to address the increasingly dire …
Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick
Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick
Journal of the National Association of Administrative Law Judiciary
Part I of this comment will examine the cultural and legal approach to high-speed pursuits exemplified in Los Angeles—the national center of televised car chases. Part II will unpack the thorny judicial doctrine of qualified immunity and evaluate how it impacts the incentives and accountability of police pursuits. Part III will examine who pays for the lawsuits that survive qualified immunity and the role insurance companies have in the facilitation of police reform. In Part IV, this comment will examine the qualified immunity bills in New Mexico and Colorado, the nationwide example they set, and the pushback they have received. …
Southwestern Acequia Systems And Communities; Nurturing A Culture Of Place, Eric Romero
Southwestern Acequia Systems And Communities; Nurturing A Culture Of Place, Eric Romero
Natural Resources Journal
El Aqua es La Vida” (Water is Life) is a ubiquitous bumper sticker on trucks, mini vans and tractors in New Mexico, Colorado and the greater southwest. Besides a succinct, pithy statement for natural resource management, the maxim references a land ethic that is particularly evidenced in acequia communities. Put simply, acequias are human-constructed hydrological systems that deliver water to agricultural fields. These community-governed irrigation systems are common in southwestern states– particularly northern New Mexico and southern Colorado. However, the English connotation of ‘irrigation ditch” fails to reflect the different levels of meaning associated with these important water channels. A …
Book Review: Environmental Justice In New Mexico: Counting Coup, Denisse Enriquez
Book Review: Environmental Justice In New Mexico: Counting Coup, Denisse Enriquez
Natural Resources Journal
No abstract provided.
Subsurface Tension: The Conflicting Laws Of Texas And New Mexico Over Shared Groundwater And New Mexico’S Desire For Regulation, Kameron B. Smith
Subsurface Tension: The Conflicting Laws Of Texas And New Mexico Over Shared Groundwater And New Mexico’S Desire For Regulation, Kameron B. Smith
Texas A&M Law Review
A recent oil boom in Southern New Mexico has resulted in increased hydraulic fracturing operations in the region and, as a result, a steady and reliable supply of water to fuel such operations is required. As New Mexico regulations make it difficult to acquire a steady supply of water within the state, oil and natural gas producers are turning to unregulated areas in Texas, which permit unlimited pumping of groundwater. However, this groundwater is being pumped from the Pecos Valley aquifer, which is the same source of water that New Mexico is regulating within its borders. This issue is only …
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Notre Dame Journal on Emerging Technologies
In this comparative study, I will analyze the various methods employed by states for monitoring and curtailing methane leakage in comparison with approaches that have been employed at the federal level. I will juxtapose the regulatory regimes of Colorado, North Dakota, New York, Pennsylvania, New Mexico, and California with the Obama Administration methane leakage regulations, including the 2016 Bureau of Land Management (BLM) "methane waste rule" regulations that the Trump Administration formally rolled back in September 2018. Finally, I will consider what the failure of the Obama Administration methane leak regulations means for climate change law in the United States …
Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde
Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde
Mitchell Hamline Law Review
No abstract provided.
No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann
No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann
The Scholar: St. Mary's Law Review on Race and Social Justice
In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public's Desires?, Timothy E. Goldsmith, Nathalie Martin
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public's Desires?, Timothy E. Goldsmith, Nathalie Martin
Chicago-Kent Law Review
In scholarly circles, debates about the benefits and burdens of high-costs lending are prevalent, as are debates about whether to cap interest on certain kinds of consumer loan. Despite this scholarly interest, few scholars actually know what the general public thinks or knows about interest rates on common consumer credit products. This article tries to close this gap through an empirical study of consumer attitudes about interest rates in the state of New Mexico, a state in which high-cost loans such as payday loans and title loans are ubiquitous. Our data show that the general public overwhelmingly supports interest rate …
New Mexico Gov. Susana Martinez: Living The American Dream, Jonella Frank
New Mexico Gov. Susana Martinez: Living The American Dream, Jonella Frank
Sooner Lawyer Archive
No abstract provided.
The Thirsty Rio Grande: Sustainable Water Planning Along The Rio Grande In The Age Of Global Warming, Matthew Padilla
The Thirsty Rio Grande: Sustainable Water Planning Along The Rio Grande In The Age Of Global Warming, Matthew Padilla
Sustainable Development Law & Policy
No abstract provided.
Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina
Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio
Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio
Michigan Journal of Race and Law
Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues …
Statement By Toney Anaya On Capital Punishment, Toney Anaya
Statement By Toney Anaya On Capital Punishment, Toney Anaya
University of Richmond Law Review
I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.
The Trampas File, Joseph L. Sax
The Trampas File, Joseph L. Sax
Michigan Law Review
The Las Trampas reports are a refreshing dose of unsentimental discussion about community, culture, and tradition - subjects that are all too often submerged in bathetic wishful thinking.
Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.
Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.
Michigan Law Review
Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section …
Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport
Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport
Michigan Law Review
A group of businessmen in Santa Rosa, New Mexico, organized a boycott against all bread except that baked by plaintiff, the sole baker in Santa Rosa, to induce him not to move his bakery out of town; plaintiff agreed to this plan. Defendant, who sold in interstate commerce, thereupon halved his bread prices in Santa Rosa while maintaining them in other towns, in order to defeat the boycott and preserve the town as a market. Plaintiff brought an action for treble damages under section 2(a) of the Robinson-Patman Act for injuries suffered from this price discrimination. The federal district court …
Real Property-Rights In Land-Construction Of Restrictive Covenants, Donald D. Davis
Real Property-Rights In Land-Construction Of Restrictive Covenants, Donald D. Davis
Michigan Law Review
Excepting a small area set aside for business purposes, the deeds conveying more than 1300 lots in the University Heights addition of the City of Albuquerque contained restrictive covenants, the part here involved providing "no building other than dwelling houses . . . to be erected . . . . [N]or shall any building erected on said lots be used . . . for any other purpose than as private dwelling places." Plaintiff, a lot owner in the addition who used his lot as a residence, sought to enjoin defendant's use of two of the restricted lots for parking automobiles …
Constitutional Law - Interstate Compacts -- Validity - Review By United States Supreme Court, Gerald M. Stevens
Constitutional Law - Interstate Compacts -- Validity - Review By United States Supreme Court, Gerald M. Stevens
Michigan Law Review
The states of Colorado and New Mexico agreed by compact on a division of the water of the La Plata river, which rises in the first state and flows into the second. The interstate compact, as administered, required that during periods of low water the whole flow of the river was to be used alternately by the states. For ten days Colorado users were to have all the water, then for a like time to allow the water to flow undiminished to New Mexico. In Colorado a ditch company engaged in distributing water for irrigation had acquired by appropriation a …
Courts Rule - Making Power, Peter S. Boter
Courts Rule - Making Power, Peter S. Boter
Michigan Law Review
A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …
Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale
Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale
Michigan Law Review
A New Mexico statute exacts a flat permit fee for the privilege of transporting motor vehicles, on their own wheels, over the highways of the state, for purpose of sale within or without the state. Held, this does not impose an unconstitutional burden on interstate commerce nor does it discriminate against a citizen of another state engaged in transporting automobiles on their own wheels, in processions or caravans, for sale outside of New Mexico. Morf v. Bingaman, (U.S. 1936) 56 S. Ct. 756.
Taxation -Interstate Commerce- Levy On Use By Interstate Carrier Of Gasoline Bought Outside State
Taxation -Interstate Commerce- Levy On Use By Interstate Carrier Of Gasoline Bought Outside State
Michigan Law Review
A statute of New Mexico imposed "an excise tax of five cents (5c) per gallon upon the sale and use of all gasoline and motor fuel . . . " The effect of the statute was to compel the appellee corporation, a common carrier, to pay a tax upon the use of motor fuel purchased in and brought from another state and used only in such transportation. This suit was brought to enjoin enforcement of the foregoing statutory provision on the ground that it constituted a regulation of interstate commerce in contravention of the commerce clause of the Federal Constitution. …