The University of New Mexico School of Law faculty bring a diversity of backgrounds, professional interests and outlooks to legal education. This collection showcases the range of scholarship by current and emeritus faculty, including articles published in law journals as well as other works such as bar journal articles, briefs, testimony, op-eds, presentations, blog posts or blawgs, and interviews. Email your questions about this collection to lawlibrary[at] law.unm.edu.
Submissions from 2011
A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu
Response Essay: Temporal Variance, Hockey, and the Wartime Constitution, Dawinder S. Sidhu
Response Essay: Temporal Variance, Hockey, and the Wartime Constitution, Dawinder S. Sidhu
Shadowing the Flag: Extending the Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu
Elena Kagan and the Miracle at Harvard, Kevin Washburn
Hoping for a Smooth [Redistricting] Process This Time, Kevin Washburn
Legislature Mustn't Rush Redistricting (No One Size Fits All in Judicial Selection), Kevin Washburn
Response to House Memorial 41 Requesting a Study of the Use of Natural Gas as a Transportation Fuel, Kevin Washburn, Kevin Boberg, and Jeffrey Kendall
Submissions from 2010
Gomez Redux: Procedural and Substantive Developments Twelve Years On, Michael B. Browde
Protecting New Mexico’s Waters: A Blueprint for the Future, Denise D. Fort
Out From Under the Shadow of the Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz
Deregulation Pas De Deux: Dual Regulatory Classes of Financial Institutions and the Path to Financial Crisis in Sweden and the United States, Erik F. Gerding
An Introduction to Islamic Law by Wael B. Hallaq, Jennifer Laws
A Tale of Election Day 2008: Teaching Storytelling through Repeated Experiences, Serge A. Martinez and Stefan H. Krieger
1,000% Interest- Good While Supplies Last: A Study of Payday Loan Practices and Solutions, Nathalie Martin
Double Down-and-Out: The Connection Between Payday Loans and Bankruptcy, Nathalie Martin and Koo Im Tong
Saving Stare Decisis: Preclusion, Precedent, and Procedural Due Process, Max J. Minzner
Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, and Marc-Tizoc González
Seeking Educational Self-Determination: Raza Studies for Revolution, Margaret E. Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, and Nadine Bermudez
How One Law Review Article Transformed the Law of New Mexico Forever (Not!), Ted Occhialino
It Taxes a Village: The Problem with Routinely Taxing Barter Transactions, Sergio Pareja
Arizona's Notice of Claim Statute: Guidance on Clearing this Procedural Hurdle and Suggestions for its Improvement, Dawinder S. Sidhu
Civil Rights and the Wartime Supreme Court, Dawinder S. Sidhu
First Korematsu and now Ashcroft v. Iqbal: The Latest Chapter in the Wartime Supreme Court's Disregard for Claims of Discrimination, Dawinder S. Sidhu
President's missed chance with Sikhs, Dawinder S. Sidhu
The Future of the United States Commission on Civil Rights, Dawinder S. Sidhu
Review Essay: Antebellum American Thought and Politics'', Max Skidmore
Judicial Evaluation of Expert Opinions: Recent Developments, David J. Stout
Stories in Mexico and the United States About the Border: The Rhetoric and the Realities, Gloria Valencia-Weber and Antoinette Sedillo Lopez
Judicial System Rises to Challenges of Times, Kevin Washburn
Second Affidavit in Duluth v. Fond du Lac Band of Lake Superior Chippewa, Kevin Washburn
Testimony Before the U.S. Sentencing Commission on the Tribal Law and Order Act, Kevin Washburn
The Next Great Generation of American Indian Law Judges, Kevin Washburn
Submissions from 2009
A Bright Idea from the Black Canyon: Federal Judicial Review of Reserved Water Right Settlements, Reed D. Benson
Dairies in New Mexico: The Environmental Implications of a New Industry, Denise D. Fort and Anthony Edwards
The Subprime Crisis and the Link between Consumer Financial Protection and Systemic Risk, Erik F. Gerding
What's Race got to do with It? Press Coverage of the Latino Electorate in the 2008 Presidential Primary Season, Laura Gomez
Cause and Effect: The Origins and Impact of Justice William O. Douglas’ Anti-Military Ideology from World War II to O’Callahan v. Parker, Joshua E. Kastenberg
Changing the Paradigm of Internet Access from Government Information Systems: A Solution to the Need for the DOD to Take Time-Sensitive Action on the Niprnet, Joshua E. Kastenberg
Non-Intervention and Neutrality in Cyberspace: An Emerging Principle in the National Practice of International Law, Joshua E. Kastenberg
Teaching Transactional Skills in a Clinic, Serge A. Martinez and Robert Statchen
Consumer Scams and the Elderly: Preserving Independence through Shifting Default Rules, Nathalie Martin
Revisiting Hooper, Max Minzner
Putting Probability Back into Probable Cause, Max J. Minzner
Commencement Address, CUNY School of Law, Margaret E. Montoya
Latina/os' and Latina/o Legal Studies: A Critical and Self-Critical Review of LatCrit Theory and Legal Models of Knowledge Production, Margaret E. Montoya and Francisco Valdes
Albuquerque Journal interviews Moore about U.S. Detention Camps, Jennifer Moore
Listening to Indigenous Voices: What the UN Declaration on the Rights of Indigenous Peoples Means for U.S. Tribes, Aliza Organick
Tribal Law and Best Practices in Legal Education: Creating a New Path for the Study of Tribal Law, Aliza Organick
From Conflict to Cooperation: State and Tribal Court Relations in the Era of Self-Determination, Aliza Organick and Tonya Kowalski
Death Penalty for Women in North Carolina, Elizabeth Rapaport and Victor Streib
Punishment for Ecological Disasters: Punitive Damages and/or Criminal Sanctions, Leo M. Romero
End-Of-Life Care: Doctors' Complaints and Legal Restraints, Robert L. Schwartz
Another Interdisciplinary Collaboration—this time with a Professor of German!, Antoinette M. Sedillo Lopez
A Medical/Legal Teaching and Assessment Collaboration on Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve McLaughlin, Diane Rimple, Mary Neidhart, Teresita McCarty, Lou Clark, Carrie Martell, and Gabriel Campos
Cujo Goes to College: On the Use of Animals by Individuals with Disabilities in Postsecondary Institutions, Dawinder S. Sidhu
Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict, Dawinder S. Sidhu
Madison in Post-9/11 Cyberspace: Applying Federalist No. 10 to the Online Battle for ‘Hearts and Minds’, Dawinder S. Sidhu
On Appeal: Reviewing the Case Against the Death Penalty, Dawinder S. Sidhu
Wartime America and The Wire: A Response to Posner’s Post-9/11 Constitutional Framework, Dawinder S. Sidhu
The Evolving Architecture of North American Integration, Laura Spitz
When Something is not Quite Right: Considerations for Advising a Client to Seek Mental Health Treatment, Carol M. Suzuki
Submissions from 2008
Old Blood, Bad Blood, and YoungBlood: Due Process, Lost Evidence, and the Limits of Bad Faith, Norman C. Bay
Dams, Duties, and Discretion: Bureau of Reclamation Water Project Operations and the Endangered Species Act, Reed D. Benson
Disability Advocacy and Atkins, James W. Ellis
ASR From a Legal Perspective, Denise D. Fort
The Nature of Legal Education and Its Links to Water Management, Denise D. Fort
America's Unknown Constitutional World, Christian G. Fritz
El Dia de los Muertos, the Death and Rebirth of the Environment Movement, Eileen Gauna
A Sesquicentennial Historic Analysis of Dynes v. Hoover and the Supreme Court’s Bow to Military Necessity: From its Relationship to Dred Scott v. Sanford to its Contemporary Influence, Joshua E. Kastenberg
Book Review: Lincoln and the Court by Brian McGinty, Joshua E. Kastenberg
Fritz, Christian G.: American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Book Review), William E. Kelly
A Sports Seminar with a Free Agent Market Exercise, Alfred Dennis Mathewson
By Education or Commerce: The Legal Basis for the Federal Regulation of the Economic Structure of Intercollegiate Athletics, Alfred Dennis Mathewson
Race in Ordinary Course: Utilizing the Racial Background in Antitrust and Corporate Law Courses, Alfred Dennis Mathewson
Detecting Lies Using Demeanor, Bias, and Context, Max J. Minzner
Uniendo Comunidades by Learning Lessons and Mobilizing for Change, Margaret E. Montoya
Latinas/os' and the Politics of Knowledge Production: LatCrit Scholarship and Academic Activism as Social Justice Action, Margaret E. Montoya and Francisco Valdes
The Alchemy of Exile: Strengthening a Culture of Human Rights in the Burundian Refugee Camps in Tanzania, Jennifer Moore
Controversy Reemerges over Hiring, Review of Immigration Judges, Gabriel Pacyniak
Sales Gone Wild: Will the FTC's Business Opportunity Rule Put an End to Pyramid Marketing Schemes?, Sergio Pareja
Taxation Without Liquidation: Rethinking "Ability to Pay", Sergio Pareja
Punitive Damages, Criminal Punishment, and Proportionality: The Importance of Legislative Limits, Leo M. Romero
Culturally Effective Legal Interviewing and Counseling for the Mexican Immigrant - A Case Study, Antoinette M. Sedillo Lopez
Leading Change in Legal Education - Educating Lawyers and Best Practices: Good News for Diversity, Antoinette M. Sedillo Lopez
Making and Breaking Habits: Teaching (and Learning) Cultural Context, Self-Awareness, and Intercultural Communication Through Case Supervision in a Client-Service Legal Clinic, Antoinette M. Sedillo Lopez
Are Blue and Pink the New Brown? The Permissibility of Sex-Segregated Education as Affirmative Action, Dawinder S. Sidhu
The Sikh Turban: Post-9/11 Challenges to this Article of Faith, Dawinder S. Sidhu and Hena Singh Gohil
Brief for Respondent Iqubal as Amicus Curiae, Dawinder S. Sidhu and Brian E. Robinson
American Indians, Crime and The Law: Five Years of Scholarship on Criminal Justice in Indian Country, Kevin Washburn
Misplaced Jurisdiction, Kevin Washburn
Restoring the Grand Jury, Kevin Washburn
The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue, Kevin Washburn