This collection showcases published legal scholarship by students at The University of New Mexico School of Law. Items include student publications in non-UNM journals, as well as our students who were published in the law school's journals.
Submissions from 2015
Toxic Communities: Environmental Racism, Industrial Pollution, and Residential Mobility by Dorceta E. Taylor, Alan Barton
Blue Gold: Commoditize Groundwater and Use Correlative Management to Balance Ciy, Farm, and Frac Use in Texas, Gabe Collins
The Palsgraf Duty Debate Resolved: Rodriguez v. Del Sol Moves to a Foreseeability Free Duty Analysis, Brenna Gaytan
Water Ethics: A Values Approach to Solving the Water Crisis by David Groenfelt, Robin James
The Promise of Indian Water Leasing: An Examination of One Tribe's Success at Brokering Its Surplus Water Rights, Justin Nyberg
A Special Purpose: The Migratory Bird Treaty Act and Wind Energy, Robyn Rose
New Mexico Gross Receipts Tax: Giving Notice and Creating Certainty, Jazmine J. Ruiz
Water 4.0: The Past, Present, and Future of the World's Most Vital Resource by David Sedlak, Brian Smith
Enduring Acequias: Wisdom of the Land, Knowledge of the Water by Juan Estevan Arellano, Bianca Smoker
Water Use and Recycling in Hydraulic Fracturing: Creating a Regulatory Pilot for Smarter Water Use in the West, Xochitl Torres Small
Extending Premises Liability beyond the Premises: Encinias and the Expansion of the New Mexico Tort Claims Act, Taylor Zangara
Submissions from 2014
Have You Volunteered to Arbitrate Today, Lynne Canning
Strict Products Liability after Bustos v. Hyundai: UJI 13-1407 and the Requirement to Show Reasonable Alternative Designs in Automobile Crash Cases, Anand S. Chellappa
A Great Aridness: Climate Change and the Future of American Southwest, Caitlin Dillon
State v. Etsitty: The Past, Present, and Future Prosecution of Drunks Who Drive with Children, Adam Flores
Double Trouble with Double Description: A Consideration of State v. Montoya and Its Application of the Rule of Lenity, Ashley Funkhouser
Redeeming REDD: Policies, Incentives and Social Feasibility for Avoided Deforestation, Doreen Jameson
Contested Water: The Struggle against Water Privatization in the United States and Canada, David Ketai
When Is a Rock a Rock - New Mexico's Abandonment of Property Rules in Mineral Conveyancing, Gabe Long
Tension in the Waters: How Tri-State Generation v. D'Antonio Creates Tension with the Takings Clause and the Prior Appropriation Doctrine, Ashley N. Minton
Undermining Checks and Balances: the Fallout of Maestas v. Hall, Levi A. Monagle
State v. Gonzales: Reinvigorating Criminal Joinder in New Mexico, Ryan C. Schotter
Redefining Duty: the Future of New Mexico Negligence Law and Wrongful Conception after Provencio v. Wenrich, Michael L. Timm Jr.
Contested Waters: An Environmental History of the Colorado River, Xochitl Torres Small
Justified but Negligent Reliance: Hicks v. Eller Allows Comparative Negligence as a Defense to Negligent Misrepresentation Claims, Abigail Marrs Yates
Submissions from 2013
What the Frack Can We Do: Suggestions for Local Regulation of Hydraulic Fracturing in New Mexico, Jonas Armstrong
Same As It Ever Was? Summary Judgement and Antitrust Suits in New Mexico after Romero v. Philip Morris, J. Walker Boyd
State v. Neal: Why Less Is Less in an Analysis of Reasonable Suspicion, Alicia M. LaPado
A Gender-Neutral Reading of New Mexico's Uniform Parentage Act: Protecting New Mexican Families Regardless of Sexuality, Julio C. Romero
State v. Rudy B.: Denying Youthful Offenders the Benefit of Apprendi's Bright-Line Rule before Adult Sentencing, Amanda L. Thatcher
A Water Rights Manual for Mutual Domestic Water Consumers Associations, Utton Center, University of New Mexico - School of Law; Zachary Carpenter; Gregory Chakalian; and Darcy S. Bushnell
Submissions from 2012
What's Right Is Wrong and What to Do about It after Oldham v. Oldham, Mark A. Cox
State v. Mendez: Restoring the Admissibility of Statements Made for the Purposes of Medical Diagnosis or Treatment in the Context of Child Sexual Abuse, Charles B. Kraft
Protecting Small Business Owners: Why New Mexico Should Adopt the Uniform Limited Company Act, Jaya M. Rhodes
State v. Ochoa: The End of Pretextual Stops in New Mexico, Michael Sievers
The Confrontation Clause and New Mexico's Short-Lived Acceptance of Surrogate Forensic Witnesses, Ethan Thomas
Wachocki v. Bernalillo County Sheriff's Department: Renewed Challenges to the New Mexico Tort Claims Act Cap, Alexandra Wilson
Submissions from 2011
To Presume or Not to Presume Prejudice - Kilgore v. Fuji Heavy Industries Changes the Way New Mexico Analyzes Juror Misconduct, Catherine Gleeson
Edward C. v. City of Albuquerque: The New Mexico Supreme Court Balks on the Baseball Rule, Christopher McNair
Conservation Easements and Urban Parks: From Private to Public Use, Ashleigh G. Morris
Why English-Only Notice to Spanish-Only Speakers is Not Enough: The Argument for Enhancing Procedural Due Process in New Mexico, Lysette P. Romero
Untangling Ricci v. Destefano: The Wards Cove of the Twenty-First Century, D'Ontae D. Sylvertooth
Submissions from 2010
The House of the Rising Sun: Homeowners' Associations, Restrictive Covenants, Solar Panels, and the Contract Clause, Kristina Caffrey
Has the Sun Set on Solar Rights - Examining the Practicality of the Solar Rights Act, Scott F. Stromberg
Defining the Public Interest: Administrative Narrowing and Broadening of the Public Interest in Response to the Statutory Silence of Water Codes, Amber L. Weeks
Submissions from 2009
Oil and Gas Development in the Arctic: Softening of Ice Demands Hardening of International Law, Kristin Noelle Casper
Preventing the Extinction of Candidate Species: The Lesser Prairie-Chicken in New Mexico, Sally A. Paez
Geologic Sequestration of CO2: How EPA's Proposal Falls Short, Adam Gardner Rankin
Public Trust in Wildlife: Two Steps Forward, Two Steps Back, The, Patrick Redmond
Submissions from 2008
Reclaiming Querencia: The Quest for Culturally Appropriate, Environmentally Sustainable Economic Development in Norther New Mexico, Kristina Gray Fisher
Conflict Diamonds or Illicit Diamonds: Should the Difference Matter to the Kimberley Process Certification Scheme, Tina Muscarella Gooch
Herrington v. State: Straightening out the Tangled Doctrine of Surface Water to Groundwater Transfers in New Mexico, Cassandra Malone
New Mexico's Land Grant and Severance Tax Permanent Funds: Renewable Wealth from Non-Renewable Resources, Amy Williams
Submissions from 2007
The Application of International Criminal Law to Resource Exploitation: Ituri, Democratic Republic of the Congo, Aaron Ezekiel
The Efficacy of State Law in Protecting Native American Sacred Places: A Case Study of the Paseo Del Norte Extension, Samantha M. Ruscavage-Barz
Submissions from 2006
Salmon as Lazarus in the Oregon Desert: The Historic Settlement and Relicensing of the Pelton-Round Butte Project, Shems Baker Jud
Trout Unlimited, Grieta Gilchrist
Submissions from 2005
State ex rel. Martinez v. City of Las Vegas: The Misuse of History and Precedent in the Abolition of the Pueblo Water Rights Doctrine in New Mexico, Martha E. Mulvany
Will the Durational Element Endure - Only Time Will Tell: Temporary Regulatory Takings in the Court of Federal Claims and Federal Circuit after Tahoe-Sierra, Heather G. Wight-Axling
Submissions from 2004
The Deep Seabed: Customary Law Codified, Ian Bezpalko
Leaving Wildlife out of National Wildlife Refuges: The Irony of Wyoming v. United States, Stanley Fields
Pipeline Industry Meets Grief Unimaginable: Congress Reacts with the Pipeline Safety Improvement Act of 2002, Carol M. Parker
Preservation of Agricultural Lands through Land Use Planning Tools and Techniques, Elisa Paster
Submissions from 2003
Hip Deep: A Survey of State Instream Flow Law from the Rocky Mountains to the Pacific Ocean, Jesse A. Boyd
A Look at Climate Change and the Evolution of the Kyoto Protocol, Todd M. Lopez
Submissions from 2002
The Extension of Legal Rights to Animals under a Caring Ethic: An Ecofeminist Exploration of Steven Wise's Rattling the Cage, Katrina M. Albright
Administrative Wilderness: Protecting Our National Forestlands in Contravention of Congressional Intent and Public Policy, Brandon Dalling
Palazzolo v. Rhode Island: Clarification and More Confusion on Notice Issue, Jaime Dawes
The Administration of the Middle Rio Grande Basin: 1956-2002, Celina A. Jones
Valuation of Minerals in Takings Cases, Rebekah King
Friends of the Earth v. Laidlaw and the Increasingly Broad Standard for Citizen Standing to Sue in Environmental Litigation, James M. Noble
Submissions from 2001
The Nile River: Potential for Conflict and Cooperation in the Face of Water Degradation, Kristin Wiebe
Submissions from 2000
WTO Panel Decision on the U.S. Shrimp Embargo: Another Ruling against U.S. Enforcement of Species Protection in Trade, The, Susan Bisong
Who Controls New Mexico's Acequias - Acequia Government and Wilson v. Denver, Christopher J. DeLara
Submissions from 1999
Blaze Construction Case: An Analysis of the Blaze Construction Tax Cases and the Implications on Avoidance of Taxation in Indian Country, James M. Burson
Western Wetlands: The Backwater of Wetlands Regulation, J. Brian Smith
When Arsenic is Safer in Your Cup of Tea Than in Your Local Water Treatment Plant, Sue E. Umshler
Submissions from 1998
Reintroducing the Mexican Wolf: Will the Public Share the Costs, or Will the Burden Be Borne by a Few, Joel M. Carson
Conjunctive Management of Stream-Aquifer Water Rights; The Hubbard Decision, Jeffrie Minier
Protection of the Public against Litigious Suits ("PPALS"): Using 1993 Federal Rule 11 to Turn SLAPPs Around, J. Reid Mowrer
Down in the Dumps: Can States Regulate Out-of-State Waste Flow and Survive the Commerce Clause, Jason M. Rael
Submissions from 1997
Lassoing the Loophole: The Need to Rope in the Use of the Domestic Well Loophole by Subdividers in New Mexico, Jocelyn Drennan
Submissions from 1996
Planning the Future of the Middle Rio Grande Bosque: Preserving the River through a Revival of Public Deliberative Democracy, Patrick McDaniel
The Multiplication of Fractional Elk - New Mexico's New Math, Brian Thomas
Submissions from 1995
United States v. Rohm and Haas Company: Under CERCLA, Government Cannot Collect Expenses for Overseeing Private Party Cleanups, Elizabeth M. Wee
