Legal History Commons^™

Water Trust Board, Joanne Hilton, Darcy S. Bushnell

Water Matters!

In 2001, the New Mexico legislature passed the Water Project Finance Act. The stated purpose of the Water Project Finance Act is to provide a financing mechanism to promote water use efficiency, water resource conservation and protection, and fair distribution and allocation of water to all users. The Water Trust Board was created in the Act. Its purpose is to: 1) oversee and administer the Water Trust Fund and Water Project Fund; 2) review and recommend funding for qualifying water projects to the legislature; and 3)pursue additional funding opportunities.

Strategic Water Reserve, Brigette Buynak, Stephanie Tsosie

Water Matters!

The Strategic Water Reserve (Reserve) established in 2005 transforms New Mexico’s policies regarding river management. The Reserve is a pool of publicly held water rights dedicated to keeping New Mexico’s rivers flowing to meet the needs of river-dependent endangered species and to fulfill our water delivery obligations to other states. It is a tool for New Mexico to achieve sensible and sustainable water policies by balancing water use between cities, industry, agriculture, and the rivers of the state.

What Is Philosophy Of Criminal Law?, Review Of The Oxford Handbook Of Philosophy Of Criminal Law By John Deigh & David Dolinko, Eds., Youngjae Lee

Faculty Scholarship

No abstract provided.

"The Evolution Of Government Documents", Jennifer Morgan

Books & Book Chapters by Maurer Faculty

Law Librarianship in the 21st Century, a text for library and information science courses on law librarianship, introduces students to the rapidly evolving world of law librarianship. With no prior knowledge of the law required, students using this book will find practical answers to such questions as: What is law librarianship? How do you become a law librarian? How does law librarianship interrelate with the legal world? Individual chapters provide a concise treatment of such specialized topics as the history of law librarianship, international law, and government documents. Standard topics are dealt with as they apply to the law library, …

The Legal Challenges Of Diversity (Review Essay), Tanya K. Hernandez

Faculty Scholarship

Within the last year two excellent books, Mariana Valverde’s Everyday Law on the Street: City Governance In an Age of Diversity and Victoria Saker Woeste’s Henry Ford’s War on Jews and the Legal Battle Against Hate Speech, address how social anxieties about “diversity” surface in the development and enforcement of the law. While the two books focus on different eras and countries, they similarly illustrate the tensions in legal contexts that can result from the growth in diversity

The Age Of Consent, Philip Chase Bobbitt

Faculty Scholarship

On three October afternoons in the fall of 1974, Grant Gilmore, a Sterling Professor of Law at Yale, delivered his Storrs Lectures, the lecture series at Yale Law School whose speakers had included Roscoe Pound, Lon Fuller, and Benjamin Cardozo. Gilmore was a magisterial scholar: the author of a prize-winning treatise, Security Interests in Personal Property, and what remains the leading treatise on admiralty law; he was the Chief Reporter and draftsman for Article 9 of the Uniform Commercial Code; and his PhD on French poet and critic Stéphane Mallarmé had led to an appointment at Yale College before …

The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane

Articles

Of all Robert Bork’s many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of U.S. antitrust law. The Supreme Court relied primarily on Bork’s argument that Congress intended the Sherman Act to advance consumer welfare in making its landmark statement in Reiter v. Sonotone that “Congress designed the Sherman Act as a ‘consumer welfare prescription.’” This singular normative vision proved foundational to the reorientation of antitrust law away from an interventionist, populist, Brandeisian, and vaguely Jeffersonian conception of antitrust law as a constraint on …

The Mold That Shapes Hearsay Law, Richard D. Friedman

Articles

In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, I argue that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. I argue that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible. I …

Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli

Cardozo Journal of Equal Rights & Social Justice

The note argues that recognizing and clearly defining the human right to water is essential for ensuring equitable access, particularly for women and children, who are disproportionately affected by water scarcity and privatization. It emphasizes that a human rights-based approach to water governance is necessary to prevent conflicts and protect vulnerable populations, as demonstrated by the Cochabamba Water War. This approach, supported by international law, provides a legally binding framework to hold states and corporations accountable for fulfilling the right to water.

Virginia Law Reports, William Hamilton Bryson

Law Faculty Publications

Erwin Surrency, a professional law librarian, during a long career as such, was a pioneer in the field of American legal bibliography. His work is the foundation upon which later work has been and will be based. The present essay is an acknowledgment of this beacon for further bibliographical research into law books, and it is hoped that many others will follow in Erwin's footsteps and further elucidate this fascinating field of scholarship.

The Forgotten Law Of Lobbying, Zephyr Teachout

Faculty Scholarship

For most of American history, until the 1950s, courts treated paid lobbying as a civic wrong, not a protected First Amendment right. Lobbying was presumptively against public policy, and lobbying contracts were not enforced. Paid lobbying threatened the integrity of individuals, legislators, lobbyists, and the integrity of society as a whole. Some states had laws criminalizing lobbying; Georgia had an anti-lobbying provision in its Constitution. Inasmuch as there was a personal right to either petition the government, or share views with officers of the government, this right was not something one could sell -- it was not, in the term …

Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff

Publications

No abstract provided.

The Unrelenting Libertarian Challenge To Public Accommodations Law, Samuel R. Bagenstos

Articles

There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which prohibits race discrimination in “place[s] of public accommodation,” was a remarkable success. But the consensus is illusory. Laws prohibiting discrimination by public accommodations currently exist under a significant legal threat. And this threat is merely the latest iteration in the controversy over public accommodations laws that began as early as Reconstruction. This Article begins by discussing the controversy in the Reconstruction and Civil Rights Eras over the penetration of antidiscrimination principles into the realm of private businesses’ choice of customers. Although the …

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

Publications

The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.

Grazing In Wilderness Areas, Mark Squillace

Publications

Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.

Notwithstanding this success, the ecology of some …

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.

A Theory Of Civil Liability, Nathan B. Oman

Faculty Publications

No abstract provided.

Foreword: A Tribute To Margaret Montoya, Rachel F. Moran

Faculty Scholarship

Dean Moran provides opening remarks to the Chicana/o-Latina/o Law Review symposium, "Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia."

Conclusion To Freedom And Criminal Responsibility In American Legal Thought, Thomas Green

Other Publications

The contours of the story told in Part III represent a quite tentative historicization of the free will problem as that problem manifested itself in the world of modern American criminal jurisprudence. Turn the kaleidoscope a few degrees and a different pattern appears, but one has to start somewhere, and if the point is to provoke others to join in, better if the first player has stopped at a point where the image can yield interesting and satisfying results by nearly any alternative adjustment. I would venture to say, however, that my pattern shares certain important characteristics with nearly any …

Introduction To Freedom And Criminal Responsibility In American Legal Thought, Andrew Thomas Green

Other Publications

The free will problem inherent in the acts of blaming and punishing is age-old and well-known. It has largely to do with the notion of just desserts. Conventionally, most of us tend to believe that the attribution of guilt and the imposition of punishment are deserved only if it may fairly be said that the actor exercised some degree of free choice, or – as it is often put – could have chosen not to do what he or she did. Yet most of us also believe there are limits to freedom of choice in particular circumstances, and some question …