Faculty Book Display Case

This collection highlights the books and book chapters of UNM Law faculty. Due to copyright, full-text downloads are not available in most cases. If you'd like to review the full-text, please contact your local library. The books are sorted by year, with the most recent publications listed first. Email your questions about this collection to libref [at] law.unm.edu.

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Monitoring American Federalism: The History of State Legislative Resistance

Christian G. Fritz

As Americans have monitored federalism, they struggled with how a government based on sovereignty divided between nation and states might function. The Constitution’s shared sovereignty created an inherently dynamic federalism with almost continuous debates over the balance of power, making this testing of the balance of federalism and monitoring government central to the American constitutional order. Many constitutional debates involved the protection of slavery, yet other interests including debt, taxation, and police powers also played vital roles in shaping American federalism. State resistance to the national government utilizing the constitutional tool of interposition arose when the disequilibrium of federalism was most keenly felt and states needed to resist perceived constitutional overreaching by the national government. This state legislative resistance shaped the broader American political conversation about constitutional rights and jurisdiction and this debate over federalism is arguably a strength and not a weakness of the framers’ constitutional design,inviting each generation to determine what the appropriate constitutional balance should be.
Regulation of Refining and Marketing (the "Downstream" Sector)

Joseph A. Schremmer

The table of contents, indices, and list of authorities is available for this treatise.

NEW: Chapter 29: Oil and Gas – Regulation of the oil and gas industry under federal, state, tribal, and local law, including intersections with the major environmental statutes
Issues of Diversity and Inclusion in Torts Cases

Carol M. Suzuki

Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum. Chapters will focus on subjects traditionally taught in the first-year curriculum (Civil Procedure, Constitutional Law, Contracts, Legal Writing, Legal Research, Property, Torts) and each chapter will also include a short annotated bibliography curated by a law librarian. With submissions from over 40 scholars, the collection is the first of its kind to offer reflections, advice and specific instruction on how to integrate issues of diversity and inclusions into first-year doctrinal courses.
Environmental Justice: Law, Policy & Regulation

Clifford Villa, Nadia Ahmad, Rebecca Bratspies, Roger Lin, Clifford Rechtschaffen, Eileen Gauna, and Catherine O'Neill

Environmental Justice: Law, Policy, & Regulation explores theory and practice in this dynamic subject, which fuses environmental law and civil rights enforcement. From early concerns over toxic waste in minority communities, environmental justice expanded to consider the range of environmental threats facing poor, immigrant, and indigenous communities; women, children, and seniors; and other vulnerable populations. This third edition provides extensively updated materials to address environmental justice concerns today, including oil drilling in the Arctic, the Dakota Access Pipeline, drinking water contamination in Flint, and the devastation wrought by Hurricane Maria in Puerto Rico. Featuring new chapters addressing disaster justice and food justice, this new edition also expands coverage of environmental enforcement, contaminated sites, climate justice, and environmental justice in Indian country, all with an eye towards identifying modern challenges and available tools for the continuing pursuit of environmental justice.
Military Justice: Cases and Materials

Joshua E. Kastenberg, Eugene R. Fidell, Elizabeth L. Hillman, Franklin D. Rosenblatt, Dwight H. Sullivan, and Rachel E. VanLandingham

This textbook gives law professors a tool to introduce students to military justice while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. This casebook facilitates a deep understanding of military justice, its underlying principles, and lessons provided by international norms and comparative analyses of foreign systems.

The book begins with an overview of the nature of a military justice system and its component parts. The next group of chapters examines the fundamental question of who may be tried by court-martial, the offenses that permissibly fall within a military justice system’s ambit, and unique military crimes. The book’s final chapter gives students a timely glimpse into the changes that lie ahead by focusing on the critical processes of legal reform and globalization.
Tort Law and Practice

Carol M. Suzuki, Lawrence C. Levine, Ibrahim J. Gassama, Joan E. Vogel, and Dominick Vetri

The sixth edition continues to provide a rich context for the study of tort law fundamentals and policies. This innovative, student-friendly casebook thoroughly develops the core torts principles, and enhances student learning through the use of cases, notes, questions, and problems, as well as element summaries and flow charts.

The materials provide frequent opportunities to consider the application of tort law in the context of social justice issues related to race, ethnicity, gender, and sexuality. For example, the book treats important but often overlooked issues of fairness in tort damages based on minority status and gender, especially in cases involving young children. To identify the location of such materials in the casebook, there is a new Diversity and Inclusion Index.

The sixth edition is accompanied by a newly-revised teaching manual.
Complicated Lives: Free Blacks in Virginia, 1619-1865

Sherri L. Burr

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned property, created businesses, and engaged in public service. Complicated Lives further explores the lives of Free Blacks through the lens of the author’s ancestors and other Free Blacks who lived this history, including those who served in the integrated troops commanded by George Washington during the Revolutionary War.
Erecting a Virtual Schoolhouse Gate

Maryam Ahranjani

The very first amendment to the United States Constitution protects the freedom of speech. While the Supreme Court held in 1969 that students “do not shed their constitutional rights at the schoolhouse gate,” since then the Court has limited students' freedom of speech, stopping short of considering the boundaries of off-campus, online speech. Lower court holdings vary, meaning that a student engaging in certain online speech may not be punished at all in one state but would face harsh criminal punishments in another. The lack of a uniform standard leads to dangerously inconsistent punishments and poses the ultimate threat to constitutional knowledge and citizenship exercise: chilling of speech. Recent interest in technology-related cases and the presence of a new justice may reverse the Court's prior unwillingness to address this issue. In the meantime, this chapter argues that school districts should erect a virtual schoolhouse gate by implementing a uniform standard.
Military Rules: Expert Qualifications, Admissibility of Expert Testimony, and Competency Hearings

Joshua E. Kastenberg

This book provides a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams.

Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists' expertise.

This volume thus offers much-needed guidance for civilian psychologists and military counsel alike.

The chapter authors are forensic psychologists and military legal personnel — including defense attorneys, prosecutors, and judges — who offer expert tips and strategies for navigating the court-martial process.

They introduce psychologists to the rules, procedures, and people involved in military trials. They also explore psychologists' many potential responsibilities, such as trial and litigation consulting, assisting with panel selection, conducting pretrial witness interviews, educating legal counsel about psychological science, administering psychological evaluations, and testifying as expert witnesses.

Chapters also address ethical and legal issues related to potential role conflicts and protecting therapist–client privilege.
The Campaign to Impeach Justice William O. Douglas; Nixon, Vietnam, and the Conservative Attack on Judicial Independence

Joshua E. Kastenberg

The politics of division and distraction, conservatives’ claims of liberalism’s dangers, the wisdom of amoral foreign policy, a partisan challenge to a Supreme Court justice, and threats to the constitutionally mandated balance between the three branches of government: however of the moment these matters might seem, they are clearly presaged in events chronicled by Joshua E. Kastenberg in this book, the first in-depth account of a campaign to impeach Supreme Court justice William O. Douglas nearly fifty years ago.

On April 15, 1970, at President Richard Nixon’s behest, Republican House Minority Leader Gerald Ford brazenly called for the impeachment of Douglas, the nation’s leading liberal judge—and the House Judiciary Committee responded with a six-month investigation, while the Senate awaited a potential trial that never occurred. Ford’s actions against Douglas mirrored the anger that millions of Americans, then as now, harbored toward changing social, economic, and moral norms, and a federal government seemingly unconcerned with the lives of everyday working white Americans. Those actions also reflected, as this book reveals, what came to be known as the Republicans’ “southern strategy,” a cynical attempt to exploit the hostility of white southern voters toward the civil rights movement. Kastenberg describes the political actors, ambitions, alliances, and maneuvers behind the move to impeach Douglas—including the Nixon administration’s vain hope of deflecting attention from a surprisingly unpopular invasion of Cambodia—and follows the ill-advised effort to its ignominious conclusion, with consequences that resonate to this day.

Marking a turning point in American politics, The Campaign to Impeach Justice William O. Douglas is a sobering, cautionary tale, a critical chapter in the history of constitutional malfeasance, and a reminder of the importance of judicial independence in a politically polarized age.
Black Courts

Ernesto A. Longa

Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.

Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice system, introducing grand juries, jury trials, and the positions of chief justice and attorney general. Examining the changes instituted under General Andrew Jackson while Florida was a U.S. territory reveals a shift toward American sensibilities, though progress was slowed by clashes with Congress over funding and questions regarding the limits of self-rule. Under the Confederate Constitution, after the state seceded, the courts were in disarray and military commanders would even ignore court orders.

Today, Florida is still home to alternative forms of tribunals. Military courts have played an important role in the state's criminal justice system, but significant differences--from terminology to the role of the jury--exist between these courts and their civilian counterparts. Religious courts are also plentiful in the state, including Baptist, Jewish, Presbyterian, and Roman Catholic courts, which provide adherents with a forum for resolving business and marital disputes.

In a state that is so culturally diverse, mainstream courts often fail specific subgroups, especially racial minorities, leaving them no choice but to create their own dispute resolution processes. From 1950 to 1963, Miami was home to the Negro Municipal Court, which remains America's only all-black court. The Miccosukee and Seminole Indian tribes also have established their own judicial systems. While the Miccosukee court relies heavily on customary law and is closed to outsiders, the Seminole court has been designed to resemble the state courts, with trial and appellate judges, a court clerk, and a bar association.
Everybody Does Better in Indian Country When Tribes are Empowered

Kevin Washburn

Fifty years ago, President Lyndon Johnson appointed a blue ribbon panel called the National Advisory Commission on Civil Disorders to examine the causes of urban riots that happened during the summer of 1967. The Kerner Commission, as the group came to be known, produced a report on March 1, 1968, that identified some of the causes of the unrest. The Kerner Commission report found the riots to be rooted in crushing urban poverty and recommended solutions that would address those deep issues, such as job training, living wages, and funding for public schools. To commemorate the 50^th Anniversary of this work and to refocus attention on these important issues, the last living member of the Kerner Commission, former U.S. Senator Fred Harris, compiled a book “Healing our Divided Society: Investing in America Fifty Years After the Kerner Report” that revisits some of these issues. Harris invited several scholars to contribute to the book, including Professor Joseph Stiglitz, Professor Washburn. Professor Washburn contributed the attached essay which highlights the changes that have occurred in federal Indian policy in the last 50 years and makes recommendations about continuing efforts to address poverty there.
The Lawyer in Society: Popular Culture Images of Lawyers and Your Self-Image

Nathalie Martin and Jennifer Laws

Law is a varied, powerful, and highly rewarding profession. Studies show, however, that lawyers have higher rates of alcoholism, divorce, and even suicide than the general population. Stress creates these poor outcomes, including the stress of dealing with other people's problems all day, the stress of spending excessive amounts of time at work, and the stress of being disconnected to what is most meaningful in life. Through mindfulness and emotional intelligence training, lawyers can improve focus, get more work done in less time, improve their interpersonal skills, and seek and find work that will make their lives more meaningful. This book is designed to help law students and lawyers of all experience levels find a sustainable and meaningful life in the field of law. This book includes journaling and other interactive exercises that can help lawyers find peace, focus, meaning, and happiness over a lifetime of practicing law.
A Practical Introduction to Environmental Law

Clifford Villa, Joel A. Mintz, John Dernbach, Steve C. Gold, Kalyani Robbins, and Wendy Wagner

This casebook is designed to be used in upper level courses by law students with little or no prior familiarity with Environmental Law. It includes chapters on permitting, the philosophical underpinnings of the field, climate change, and the recently amended Toxic Substances Control Act, as well as traditional core topics in Environmental Law such as controlling air and water pollution. The book also contains numerous practice problems that introduce students to the everyday realities of environmental lawyering. A substantial Teacher's Manual provides model syllabi, detailed pedagogical suggestions, ready-to-use exams and quizzes, answers to all practice problems, and other useful materials.
Entertainment Law: Cases and Materials in Established and Emerging Media

Sherri L. Burr

Entertainment Law: Cases and Materials on Established and Emerging Media is an exciting book that contains cases, unique interviews with celebrities and other materials that educates its readers about the complex entertainment business. To capture first-hand knowledge of the entertainment business, the author has interviewed widely throughout the world. The celebrities featured in this book include Academy Award, Emmy and Grammy winners, as well as best-selling authors. It opens with a chapter on the globalization of the entertainment industry and explains how mastering U.S. entertainment law helps qualify lawyers to work abroad.
Entertainment Law in a Nutshell

Sherri L. Burr

This compact reference gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field of entertainment law. Professor Burr also addresses specific legal issues that arise in the film, music, and television industries, including discussion of the rise of “reality” television. This Nutshell is ideal as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.
O Papel do Direito e do Advogado no Sistema de Comando de Incidente (Law and Lawyers in the Incident Command System)

Clifford J. Villa

ICS is a “management system designed to enable effective, efficient incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure.” Through the use of standardized positions (e.g., incident commander), common terminology (e.g., incident command post), and consistent management philosophies (e.g., unity of command), ICS seeks to facilitate the rapid integration of personnel from different agencies and entities into one organization to meet a common objective.

This book chapter is in Portuguese. See original article in English: http://digitalrepository.unm.edu/law_facultyscholarship/327/
To Raise and Discipline an Army: Major General Enoch Crowder, the Judge Advocate General’s Office, and the Realignment of Civil and Military Relations in World War I

Joshua E. Kastenberg

Major General Enoch Crowder served as the Judge Advocate General of the United States Army from 1911 to 1923. In 1915, Crowder convinced Congress to increase the size of the Judge Advocate General’s Office—the legal arm of the United States Army—from thirteen uniformed attorneys to more than four hundred. Crowder’s recruitment of some of the nation’s leading legal scholars, as well as former congressmen and state supreme court judges, helped legitimize President Woodrow Wilson’s wartime military and legal policies. As the United States entered World War I in 1917, the army numbered about 120,000 soldiers. The Judge Advocate General’s Office was instrumental in extending the military’s reach into the everyday lives of citizens to enable the construction of an army of more than four million soldiers by the end of the war. Under Crowder’s leadership, the office was responsible for the creation and administration of the Selective Service Act, under which thousands of men were drafted into military service, as well as enforcement of the Espionage Act and wartime prohibition. In this first published history of the Judge Advocate General’s Office between the years of 1914 and 1922, Joshua Kastenberg examines not only courts-martial, but also the development of the laws of war and the changing nature of civil-military relations. The Judge Advocate General’s Office influenced the legislative and judicial branches of the government to permit unparalleled assertions of power, such as control over local policing functions and the economy. Judge advocates also altered the nature of laws to recognize a person’s diminished mental health as a defense in criminal trials, influenced the assertion of US law overseas, and affected the evolving nature of the law of war. This groundbreaking study will appeal to scholars, students, and general readers of US history, as well as military, legal, and political historians.
Transforming Societies after Violence: Conceptualizing and Contextualizing Transitional Justice in Africa

Jennifer Moore

This chapter first analyses three facets of transitional justice -- the criminal-retributive, the historical-reconciliative, and the social-redistributive -- and identifies some of the synergies and tensions among them. The second section shines a spotlight on the post-independence, conflict, and post-conflict histories of Uganda, Sierra Leone, and Burundi, generally characterizing their distinct approaches to transitional justice, and the differing degrees of attention they devote to the various strands of justice. For each of the three countries, the text points to the work of a community-based civil society organization, and spotlights its approach to post-conflict transition in that country. The final section of the paper takes a sober look at the current capacity of transitional justice as a force for social change, given the reality of entrenched poverty and gender inequality in all three post-conflict societies. The chapter ends with an assessment of the efforts of the individual civil society organizations to address human insecurity, including the physical and structural forms of violence that women in each country confront every day. In learning from the experiences of these three conflict-emergent countries, and considering the contributions of civil society organizations in each, we may better frame the unfinished business of transitional justice as a transformative movement that meaningfully impacts the quality of life for people living in countries throughout the world.
Wharton's Criminal Evidence

Barbara E. Bergman, Nancy Hollander, and Theresa M. Duncan

Wharton's Criminal Evidence thoroughly analyzes applicable Federal Rules of Evidence and cases interpreting the rules. Expert authors compare and contrast corresponding evidentiary rules, statutes, and individual state cases. All evidence and admissibility principles are treated specifically as they apply to criminal cases. This title contains expert guidance for both defense and prosecution on handling witnesses, impeachment rules, lay witness opinion, expert testimony, and real and demonstrative evidence.

It discusses admissibility rules, including relevance, hearsay, privileged communications, authentication and identification, best evidence issues, and burdens of proof. The authors include major Supreme Court criminal evidence decisions.
Wills and Trusts in a Nutshell

Sherri L. Burr and Robert L. Mennell

The fifth edition of this book updates laws affecting intestate succession, wills, guardianships and trusts. It introduces wills terminology to the lay audience and summarizes the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. It uses problems arising from celebrity peccadilloes and deaths, such as those of Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher to illustrate legal issues. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar.
A Confederate in Congress: The Civil War Treason Trial of Benjamin Gwinn Harris

Joshua E. Kastenberg

In May 1865, the final month of the Civil War, the U.S. Army arrested and prosecuted a sitting congressman in a military trial in the border state of Maryland, though the federal criminal courts in the state were functioning. Convicted of aiding and abetting paroled Confederate soldiers, Benjamin Gwinn Harris of Maryland's Fifth Congressional District was imprisoned and barred from holding public office. Harris was a firebrand--effectively a Confederate serving in Congress--and had long advocated the constitutionality of slavery and the right of states to secede from the Union. This first-ever book-length analysis of the unusual trial examines the prevailing opinions in Southern Maryland and in the War Department regarding slavery, treason and the Constitution's guarantee of property rights and freedom of speech.
In a Time of Total War: The Federal Judiciary and the National Defense, 1940-1954

Joshua E. Kastenberg and Eric Merriam

This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.
Quick Review of International Law

Sherri L. Burr

This book provides a foundation for students studying international law who need to supplement knowledge from their courses or obtain a quick overview to prepare for an exam. The topics covered range from the historic foundations of international law (including an overview of the subject's founders) to the laws of wars and use of force. The book contains information on wars ranging from the 100-years war to Vietnam and the one in Iraq. The book provides a comprehensive overview of state formation and obligations, including state requirements to treat all individuals (citizens, immigrants, and aliens) humanely. Students who review the state responsibility chapter will obtain an approach to writing essay questions on international law or briefs for international tribunals.
The Law of Oil and Gas

Alex Ritchie, Patrick Martin, Bruce Kramer, and Keith Hall

This is a detailed and informed casebook examining major aspects of property, contract, conservation, and environmental law governing oil and gas exploration and development. It provides original text and explanatory materials. The appendices include sample forms. Chapter titles discuss: A Brief Introduction to the Scientific and Engineering Background of Oil and Gas Law; The Nature and Protection of Interests in Oil and Gas; The Oil and Gas Lease―A Close Look at Its More Important Clauses; Covenants Implied in Oil and Gas Leases; Title and Conveyancing Problems Arising From Transfers by Fee Owners and Lessors; Transfers Subsequent to a Lease; Pooling and Unitization; Public Lands; Federal Environmental Regulation of The Oil and Gas Industry; and State and Local Oil and Gas Regulation.
Basics Plus: A Legal Argumentation Exemplar

Barbara P. Blumenfeld

Designed as a complement to Blumenfeld’s Basics of Legal Argumentation and Its Expression, this book provides concrete examples of the concepts presented there. The examples in this book show the implementation of the many abstract concepts of legal writing in a variety of unique situations. Twelve distinct cases provide the basis for working through concepts related to one or more of the phases of creating a legal argument and expressing that argument in writing. In using the more abstract concepts in connection with unique and specific cases, the author establishes that each concept must be adapted to the particular requirement of each particular case. One can simply read through the examples to see demonstrations of the concepts at work, or, one can actually work through the examples with the author, continuing with the “further work” suggested with each example. This book illustrates that the concepts are indeed tools and not templates or ends in themselves: they must be combined with the writer’s thinking and understanding skills to achieve an effective document for any one specific and unique case. The two books together form a valuable resource for the legal writer.
Building on Best Practices: Transforming Legal Education in a Changing World

Antoinette M. Sedillo Lopez, Deborah Maranville, Lisa Radtke Bliss, and Carolyn Wilkes Kaas

As of 2015, legal education has experienced five successive years of intense challenges: enrollments reduced by half of their highest level, pressure to prepare students for a legal services market undergoing major restructuring, significant new bar admission and accreditation requirements. Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides a wealth of guidance for institutions and individual teachers facing these challenges. Organized into eight chapters divided into 33 sections, the book draws on the wisdom of 57 authors, including three deans or former deans. The volume suggests best practices, or emerging best practices, for many aspects of legal education. Law school faculty and administrators can find thoughtful advice, whether they are working on school-wide curricular reform or teaching methods within one class. The book provides suggestions for different types of courses, classes and teaching methods, including the socratic method, teaching technologies, and experiential courses, especially those involving real legal work. The book also addresses newly essential areas of knowledge, skills and values, including professional identity formation, intercultural effectiveness, and business and financial literacy.
Federal Environmental Justice Policy in Permitting

Eileen Gauna

This chapter examines federal environmental justice policy in the area of facility permitting. The chapter provides a detailed analysis of how distributive and procedural environmental justice issues have been adjudicated in several venues important to permitting under major environmental statutes such as the Clean Air Act and the Resource Conservation and Recovery Act. Much of the analysis focuses on the decisions of the Environmental Appeals Board (EAB), which is responsible for adjudicating administrative appeals of permitting decisions under the major laws that the EPA implements. The author argues that challenges to new permits brought to the EAB on the grounds of disparate impacts to low-income and minority communities have largely been unsuccessful. As a result, there is little evidence that the EPA has integrated environmental justice concerns directly into permitting decisions, although the EAB does now as matter of practice require that EPA permit writers perform an environmental justice analysis and invite broad participation in permitting decisions. The chapter also examines recent policy developments as part of Plan EJ 2014 and the EPA’s implementation of Title VI of the Civil Rights Act of 1964, which provides some reason for optimism for future consideration of disparate impacts in federal and state permitting decisions.
Teaching Legal Frameworks

David Herring

This book chapter describes the process of developing legal frameworks. Legal frameworks are a critical element in basic legal analysis. They set out the questions courts ask when addressing a particular issue. Law students need to learn the applicable framework before proceeding with any type of rigorous legal analysis. This chapter also discusses an approach to teaching law students the skill of constructing legal frameworks, providing three concrete examples in the areas of Civil Procedure and Constitutional Law.
Teaching the Newly Essential Knowledge, Skills, and Values in a Changing World, Section E: Intercultural Effectiveness

Antoinette M. Sedillo Lopez, Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas, and Roy T. Stuckey

As of 2015, legal education has experienced five successive years of intense challenges: enrollments reduced by half of their highest level, pressure to prepare students for a legal services market undergoing major restructuring, significant new bar admission and accreditation requirements. Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides a wealth of guidance for institutions and individual teachers facing these challenges. Organized into eight chapters divided into 33 sections, the book draws on the wisdom of 57 authors, including three deans or former deans. The volume suggests best practices, or emerging best practices, for many aspects of legal education. Law school faculty and administrators can find thoughtful advice, whether they are working on school-wide curricular reform or teaching methods within one class. The book provides suggestions for different types of courses, classes and teaching methods, including the socratic method, teaching technologies, and experiential courses, especially those involving real legal work. The book also addresses newly essential areas of knowledge, skills and values, including professional identity formation, intercultural effectiveness, and business and financial literacy.
Using Interculturally Aware Teaching Methods (in Revisiting the Characteristics of Effective Education)

Steven K. Homer

Teaching interculturally was not addressed in BEST PRACTICES FOR LEGAL EDUCATION. Legal scholars have studied how legal pedagogy both reflects the values and approaches of dominant groups within legal academia (i.e., privileged white men), and also how these approaches to teaching can alienate students — such as women, students of color, and gender and sexually diverse students, among others — who do not share all of the dominant group’s traits. However, more research is required to help law teachers fully understand the extent to which the structures of legal education affect non-dominant groups and how legal education may be changed to address such impact.

This section explores why the use of interculturally aware teaching methods is a best practice for law teachers, and provides general suggestions for how to do so. The section below on intercultural effectiveness for lawyers and the preceding section on humanizing legal education provide more detailed suggestions relevant to using interculturally aware teaching methods.
AIDS and the Law

Carol M. Suzuki

Familiarize yourself with the complex legal issues surrounding HIV and AIDS. You get comprehensive coverage of the legal aspects of HIV issues, beginning with a medical overview of the virus, written for the layperson, and continuing through public health issues, corporate concerns, public services, criminal law, immigration policies, and other subjects. Annual supplements keep you up on new developments. The editor and contributing authors present everything in a clear, easy-to-read format, and both sides of controversial issues are given. You'll also take advantage of reference materials on: OSHA standards Centers for Disease Control and prevention recommendations A state-by-state listing of HIV confidentiality and testing laws And more.
A Short & Happy Guide to Financial Well-Being

Sherri L. Burr

This book uses colorful characters like Lively Law Student, Learned Lawyer, Published Poet, Reliable Realtor, Scattered Secretary and Seattle Businessman to explain money management in a simplified, yet humorous manner. The tips provided can also generate discussion for classes, civic groups, and the dinner table.
Basics of Legal Argumentation and its Expression

Barbara P. Blumenfeld

This is a book about the process of legal writing. Unlike many other legal writing books, it focuses on the creating and thinking aspects that are fundamental pieces of legal writing. While an effective product is the ultimate goal, the author acknowledges that legal writing cannot be a one size fits all proposition. Because each case for which a document is written is unique, the document’s effectiveness is in large part based on the less tangible thinking that precedes production of a concrete and tangible document. The book explains the underlying concepts of these crucial thinking skills and gives the reader an approach to working with them toward the goal of producing a piece of legal writing that is effective for the unique case or situation for which it is written. Although written for novice legal writers, those with more experience will find this book a welcome refresher, and those not regularly engaged with the law will find valuable insights into the reasoning process of lawyers.
Implementing Effective Legal Research Pedagogy in Contemporary U.S. Law Schools: Challenges and Opportunities

Carol A. Parker

This title looks at the signature pedagogy set out in the Boulder Statements on Legal Research Pedagogy and Legal Research Education, and places it within the framework of the rich literature on information literacy, adult learning and experiential learning. The structures (surface, deep, tacit and shadow) of an ideal pedagogy for legal research educators are addressed. Chapters include assessment; integrating legal research into the curriculum; teaching the values and limits of intermediation and disintermediation; social networking for workplace and school; metacognition; relationship of legal tools and the legal structure; and critical information studies.
Shaping US Military Law: Governing a Constitutional Military

Joshua E. Kastenberg

Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.
Water Resource Management

Reed D. Benson, A. Dan Tarlock, James N. Corbridge Dr., David H. Getches, and Sarah F. Bates

This casebook remains the most comprehensive available on water law. It gives extensive coverage to both Eastern and Western common law, customary and statutory allocation systems, Indian water rights, and interstate allocation law and the historical forces that produced these systems. It also covers the federal government’s historic role in constructing irrigation, flood control and navigation projects and the changing roles of local water supply organizations. All chapters emphasize the challenges that states and the federal water resources agencies are facing such as climate change adaptation, environmental restoration and the reallocation of existing entitlements.
Youth Justice in America

Maryam Ahranjani, Andrew G. Ferguson, and Jamin B. Raskin

Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style, the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.
Health Law: Cases, Materials and Problems

Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, and Timothy Stoltzfus Jost

For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), and malpractice litigation. The Supreme Court decision in National Federation of Independent Business v. Sebelius is carefully edited to present all the issues in the case.

Written without a policy bias to fairly reflect all viewpoints, the book considers legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. It also explores the government's efforts to control costs and expand access through Medicare and Medicaid and examines government attempts to police anticompetitive activities, fraud, and abuse. Using carefully edited primary materials and effective classroom-tested problems, the book exposes students to the core issues in health law using the most recent judicial and statutory materials.
Interposition: An Overlooked Tool of American Constitutionalism

Christian G. Fritz

The third book in the &LAW series addresses the perpetual issue of state sovereignty in the federal union”˜states' rights.' From the 1770s, through the Confederate states' secession, and continuing until now, a central issue of governance is state power to object to, cancel, or be immune from federal law. The issue is fervently debated in the political arena by Tea Party efforts to limit federal intervention in education and health care; and the nullification movement efforts to prevent federal gun control and marijuana regulations. And it is a linchpin of the Supreme Court's ruling on the Voting Rights Act. This volume provides an intelligent voice in the debate about states' rights”interposition, nullification, secession, constitutional amendment”150 years after Fort Sumter.
Latinos and the Law

Margaret E. Montoya

Book Summary:

This theme study presents opportunities in communities nationwide by making the most recent scholarship in Latino history is now available to a broad public audience. Also, it provides historic preservationists in government agencies and the private sector now have a tool to help identify and evaluate Latino-related places for historical significance. Lastly, this study will allow more of these places are likely to be nominated to the National Register of Historic Places and for National Historic Landmark designation. Historian Stephen Pitti's core essay sets the stage for the essays in the theme study. This overview of the Latino journey is personified in five historical figures: the Cuban priest Félix Varela, the Mexican American author María Amparo Ruiz de Burton, the Puerto Rican bibliophile Arturo Alfonso Schomburg, the Guatemalan civil rights organizer Luisa Moreno, and the Mexican American politician Edward Roybal.
Lunching with Max Evans

Sherri L. Burr

When a flood decimated the offices of a premiere U.S. writers group, moving wasn’t optional—it was mandatory. Months later, its treasury still depleted, SouthWest Writer’s (SWW) president asked for fund-raising ideas at a Saturday meeting. “Let’s publish an eBook!” came the response from a long-standing member in the hundred-plus audience, and The Storyteller’s Anthology was born. Dozens of SWW members (aided by best-selling authors) donated prose, poetry and photos which were, in turn, groomed by SWW members with editing chops, to produce this first-class anthology. Everything was donated—including editing and book design—to raise funds for the nonprofit organization in Albuquerque, New Mexico known as SouthWest Writers. In this book you will be delighted, entertained, and surprised by the hard-hitting introduction by Anne Hillerman, daughter of beloved southwestern mystery master, the late Tony Hillerman; the killer short story by none-other than the thriller king himself, David Morrell; a short story that’s southwestern to the bone by Chuck Greaves; and a tale with a southern twist by SWW member Sarah Storme/Baker. Eleven delightful short stories follow, along with five intriguing book excerpts, three memoirs, eight juicy essays and nonfiction offerings, and nine poems—recommended for those not into poetry—complete this fine collection. You’ll learn how SouthWest Writers was formed in the 1980s and what makes the group a magnet for would be and published writers alike, most, but not all of whom, reside and write in New Mexico. The Land of Enchantment will come to life before your eyes in their original prose, poetry and photos as presented in The Storyteller’s Anthology.
Modern Intellectual Property and Unfair Competition Law

Sherri L. Burr, Edmund W. Kitch, and Harvey S. Perlman

Modern Intellectual Property Law, 6th Edition, is a cutting edge casebook that tackles major issues from the rise of social media and the computer industry to the changing nature of unfair competition law. It features cases involving the giants of our age such as Apple, Amazon.com, Microsoft, Facebook, Google, LinkedIn, and YouTube. It also covers the major changes in the patent law with the American Invents Act and unique trademark cases such as those involving Christian Louboutin shoes. In addition to fascinating cases and interesting statutes, Modern Intellectual Property Law, 6th Edition provides interviews with intellectual property creators to illustrate major issues.
Protection against the Forced Return of War Refugees: An Interdisciplinary Consensus on Humanitarian Non-Refoulement

Jennifer Moore

This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
40 Years of the Indian Civil Rights Act: Indigenous Women's Reflections

Gloria Valencia-Weber

I approach this discussion by noting that Santa Clara Pueblo v. Martinez raises two critical oppositional principles: the collective political right versus the individual rights norm. Individual rights are the keystone in the Constitution of the United States. However, tribal rights for collective political entities are also affirmed in the Constitution in the provisions that establish relationships with the tribal nations. This political, nation-to-nation relationship was explicitly acknowledged and reaffirmed in Morton vs. Mancari. The most important right that tribal people claim for themselves is that as sovereigns. We have to remember that tribes were first sovereigns within the United States. And, as the noted scholar Charles Wilkinson reminds us, the tribal sovereigns were pre-constitutional, post-constitutional, and, in the international law context of indigenous law, extra-constitutional.
A Dog of a Lawsuit: Texas v. New Mexico

G. Emlen Hall

Water is the lifeblood of human existence. New Mexico's history provides a fascinating microcosm of the role water plays in the growth and development of a community. This book details many of the complex and messy fights, legal and otherwise, over precious water in a semiarid western state. Focusing on the past one hundred years constituting New Mexico's statehood, contributors describe the often convoluted and always intriguing stories that have shaped New Mexico's water past and that will, without doubt, influence its future history. Many of New Mexico's ''movers and shakers'' in the water community have contributed their water war stories to the book. From acclaimed water lawyers to historians to novelists to academicians, their stories reflect the broad legal, historic, traditional, religious, and community values of New Mexico's water culture. The celebration of New Mexico's centennial is made more complete with the telling of these exciting and colorful narratives of how water has and will shape our future.
Family Court Proceedings

Carol M. Suzuki, Toni Holness, and Carolyn McAllaster

Table of Contents: Public health basics / David Holtgrave [and others] --HIV testing and confidentiality / Alison Yager --Federal, state, and local antidiscrimination laws protecting people living with HIV/AIDS / Scott A. Schoettes --Courtroom management / Richard T. Andrias --Criminal court proceedings / Ginna Anderson, Amy Hsieh, and Toni Holness --Correctional facilities / Natasha Williams --Civil court proceedings / Ronda B. Goldfein [and others] --Administrative proceedings : social security / Leslie Kline Capelle and Maria Harris --Administrative proceedings : HIV/AIDS issues in immigration proceedings / Cristina Velez and Stephen Yale-Loehr --Family court proceedings / Toni Holness, Carolyn McAllaster, and Carol M. Suzuki.
Federal Income Taxation of Business Enterprises: Cases, Statutes, Rulings

Sergio Pareja, Richard A. Westin, and Ricahrd C.E. Beck

This fourth edition covers the basics of the federal income taxation of partnerships and corporations including the taxation of LLCs, LLPs and S corporations. In addition, it alludes to a short list of other business enterprises. It is designed to be taught as two major components: partnerships and corporations. Both components use the traditional "cradle-to-grave" approach. Because of their practical importance, the book makes reference to Social Security taxes and estate taxes. There is no discussion of State income taxes.

Although the book is comparatively short, the materials are thorough and are heavily supplemented with problems.

The cases have been extensively edited, and most footnotes in the original cases have been eliminated without any explicit reference to the fact of their elimination, other than the words in this paragraph. Case and statute citations of the court and commentators, as well as footnotes, have been omitted without so specifying; numbered footnotes are from the original materials but do not retain the original numbering, except by accident. The book is rich with problems that are scattered along the way, rather than at the end of each chapter. They are not especially difficult and are designed to build confidence while at the same time forcing students to review the central Code provisions and pertinent regulations.
High School to Law School: Marshall-Brennan and Moot Court

Maryam Ahranjani

Book Summary:

Despite decades of working to improve the diversity of the American Bar, minority attorneys make up only 10% of the profession. In The Education Pipeline to the Professions, Professor Sarah Redfield, a national expert in education law and diversity issues, brings together fourteen exemplary programs that work to change the face of the legal profession. From preschool to partner, these programs provide opportunities for students and lawyers along the educational pipeline. Professor Redfield and her coauthors highlight successful pipeline programs, offering keys to effective practices and providing blueprints for replicating programs that have demonstrated rigor, relevance, and results. Each chapter is written by a leader in the field with sustained real-life experience in improving outcomes for underrepresented minority students. Chapter authors discuss their goals, their successes, and their concerns, as well as their budgets and organizational structures; each offers overall reflections and future help to those who are seeking to implement a pipeline program without reinventing the wheel.
Humanitarian Law in Action within Africa

Jennifer Moore

In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: criminal, social, and historical. Although the African continent has gone through some of the world's greatest humanitarian emergencies, issues such as violence against women, child soldiers, and genocide are not unique to Africa, and as such, the study of humanitarian law by examining Africa's experience is important to conflict resolution and reconstruction throughout the world.
Oral Argument in United States v New Mexico

G. Emlen Hall

On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment―its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence―has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
Beating a Path of Retreat from Treaty Rights and Tribal Sovereignty: The Story of Montana v. United States

John LaVelle

This book covers the often complex and unfamiliar doctrine of federal Indian law, exposing the raw conflicts over sovereignty and property that have shaped legal rulings. Fifteen distinguished authors describe gripping cases involving Indian nations over more than two centuries, each story emphasizing initiative in tribal communities and lawyering strategies that have determined the fate of nations.
(Entries)

Denise Fort

Encyclopedia of Water Politics and Policy in the United States explains how present-day water issues developed, the impact of legislation and court decisions on the development of water resources, and what U.S. experts are proposing be done to preserve this basic component of the environment. This volume provides an overview of approximately 280 projects, legislative bills, legal cases, people, and organizations that have shaped the development of waterways in the U.S. over the past 150 years
Glannon Guide to Bankruptcy (Updates)

Nathalie Martin

Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application.
Initiating a Special Education Case

Yael Cannon and Laura Rinaldi

Yael Cannon authors two separate chapters in this title: "Remedies" and "Initiating a Special Education Case".

Book Summary:

Special Education Advocacy is designed to enhance the knowledge and skills of special education advocates. By using examples and simulations based on real cases, the authors and contributors hope to illuminate the major principles that are important to successful advocacy on behalf of children with disabilities.
Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865

Joshua E. Kastenberg

During the Civil War, the Union Army grew from a semi-professional force of 12,000 to a force of almost one million citizens. The unique disciplinary requirements for this citizen army were only one facet of the nation's unique wartime needs. Lincoln believed, with credibility, that a dangerous enemy resided within the north, and the common civil laws were not strong enough to contain this enemy. To achieve a disciplined military and to defeat the internal enemy, Lincoln turned to Joseph Holt, nominating the former Secretary of War to the position of Judge Advocate General of the Army. A friend of Edwin Stanton, Holt not only oversaw a multitude of military trials, he also staffed his Judge Advocate General's Department with ideologically anti-slavery men. These men, several of whom were educated at Harvard and Yale, in turn not only used the law to ensure a disciplined force, they also used the law to attempt to force a concept of colorblind legal equality on the southern states, so that a rebellion could never again occur. In essence, several of these men believed that the Constitution's survival required racial equality. As a side product of their efforts, these men also contributed to the development of international law. A pre-war defender of slavery and Democrat, Holt evolved into a champion of equality as well, because he viewed secession as a greater evil. In waging a war through the law, the Judge Advocate General's Department utilized the existing law to its maximum extent, and only rarely did its officers intentionally violate clear proscriptions against Civil Rights. The Judge Advocate General's Department succeeded against Lincoln's adversaries, but it was unable to defeat all enemies, or create a long-lasting racial equality in the South. This book addresses the actions of the Department during the nation's worst conflict.
Masks and Acculturation

Margaret E. Montoya

Book Summary:

In the last forty-five years, immigration reform has brought tens of millions of new immigrants from Latin American countries to the United States. Since critical race theory pioneers Richard Delgado and Jean Stefancic compiled the first edition of The Latino/a Condition in 1998, the population has continued to grow exponentially, while scholarship on Latinos/as has grown just as quickly. The second edition of The Latino/a Condition brings together a wide range of new and classic Latino and Latina voices from the fields of law, sociology, history, media studies, and politics to address questions such as:

Who exactly is a Latino? Who is Hispanic? Who is Chicano?
How did Spanish-speaking people come to live in the United States?
Is the Latino family a source of strength or oppression? What about Catholicism?
Should the United States try to control Latino immigration, and is this even possible?
What are the most common media stereotypes of Latino people?
Are Latinos white? What role does law play in the racial construction of the group?

Collecting a wealth of perspectives on these and other issues central to the Latino/a experience, Delgado and Stefancic offer a broad portrait of Latino/a life in the United States at the beginning of the twenty-first century.
On Liberty

Elizabeth Rapaport and John Stuart Mill

Contents include a selected bibliography and an editor's Introduction that provides a brief sketch of the historical, social, and biographical context in which Mill wrote and also traces the central line of argument in the text to aid in the comprehension of the essay's structure, method, and major theses.
Refugee Law and Policy: A Comparative and International Approach

Jennifer Moore, Karen Musalo, and Richard A. Boswell

The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It includes an extensive discussion of the concept of “social visibility” which has become one of the most controversial interpretive issues in U.S. refugee law.

Although Refugee Law and Policy is directed to students of U.S. law, it draws on the legislation, jurisprudence and guidelines of other Refugee Convention and Protocol signatories, including Canada, the United Kingdom, Germany, Australia, New Zealand and South Africa. The casebook is up to date on developments to harmonize refugee policy within the European Union, and includes discussion of relevant E.U. directives.

In its treatment of both U.S. and global trends, Refugee Law and Policy examines and contrasts some of the most controversial contemporary issues in refugee law, such as the denial of access to the territory of the country of asylum, through use of expedited removal and similar “accelerated” procedures, the increased use of detention, and the ongoing debate over gender-based claims for protection.

Refugee Law and Policy also compares current trends in refugee law to parallel trends in human rights and humanitarian and international criminal law, with special reference to the work of the International Criminal Tribunals for Yugoslavia and Rwanda, and the International Criminal Court.

The materials Musalo, Moore and Boswell present in the book are more fully examined through the extensive use of notes and comments, which also serve to highlight essential themes and concepts of the text and to make them more accessible to the reader. Since the casebook addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies as well.
Reining In The Rio Grande: People, Land, And Water

G. Emlen Hall, Fred M. Phillips, and Mary E. Black

The Rio Grande was ancient long before the first humans reached its banks. These days, the highly regulated river looks nothing like it did to those early settlers. Alternately viewed as a valuable ecosystem and life-sustaining foundation of community welfare or a commodity to be engineered to yield maximum economic benefit, the Rio Grande has brought many advantages to those who live in its valley, but the benefits have come at a price. This study examines human interactions with the Rio Grande from prehistoric time to the present day and explores what possibilities remain for the desert river. From the perspectives of law, development, tradition, and geology, the authors weigh what has been gained and lost by reining in the Rio Grande.

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