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.

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Submissions from 2014

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Justified but Negligent Reliance: Hicks v. Eller Allows Comparative Negligence as a Defense to Negligent Misrepresentation Claims, Abigail Marrs Yates

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The Decline of Design Immunity: Impacts of Martinez v. New Mexico Department of Transportation on Traffic Control Device Analysis and Constrictive Notice of a Dangerous Condition of Public Roadways, Matthew A. Zidovsky

Submissions from 2013

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Federal Regulation of Noncommercial, Intrastate Species under the ESA after Alabama-Tombigbee Rivers Coalition v. Kempthorne and Stewart & Jasper Orchards et al. v. Salazar, Dan A. Akenhead

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What the Frack Can We Do: Suggestions for Local Regulation of Hydraulic Fracturing in New Mexico, Jonas Armstrong

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Same As It Ever Was? Summary Judgement and Antitrust Suits in New Mexico after Romero v. Philip Morris, J. Walker Boyd

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The Tension between Statutes of Repose and the Accrual Date of a Cause of Action for Indemnification: Considering the Implications of Christus St. Vincent v. Duarte-Afara, Erin K. Jackson

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State v. Neal: Why Less Is Less in an Analysis of Reasonable Suspicion, Alicia M. LaPado

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A Gender-Neutral Reading of New Mexico's Uniform Parentage Act: Protecting New Mexican Families Regardless of Sexuality, Julio C. Romero

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State v. Rudy B.: Denying Youthful Offenders the Benefit of Apprendi's Bright-Line Rule before Adult Sentencing, Amanda L. Thatcher

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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

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What's Right Is Wrong and What to Do about It after Oldham v. Oldham, Mark A. Cox

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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

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Protecting Small Business Owners: Why New Mexico Should Adopt the Uniform Limited Company Act, Jaya M. Rhodes

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State v. Ochoa: The End of Pretextual Stops in New Mexico, Michael Sievers

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The Confrontation Clause and New Mexico's Short-Lived Acceptance of Surrogate Forensic Witnesses, Ethan Thomas

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Wachocki v. Bernalillo County Sheriff's Department: Renewed Challenges to the New Mexico Tort Claims Act Cap, Alexandra Wilson

Submissions from 2011

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Relieving the Tension: New Mexico's Departure from the Federal Position That There is No Requirement to Present Exculpatory Evidence to the Grand Jury, Brett Eaton

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To Presume or Not to Presume Prejudice - Kilgore v. Fuji Heavy Industries Changes the Way New Mexico Analyzes Juror Misconduct, Catherine Gleeson

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Edward C. v. City of Albuquerque: The New Mexico Supreme Court Balks on the Baseball Rule, Christopher McNair

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Conservation Easements and Urban Parks: From Private to Public Use, Ashleigh G. Morris

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One Person, No Vote - How State Courts after Bush v. Gore Ensure Uniform Interpretation of Voter Intent Statutes without Unnecessary Voter Disenfranchisement, David Odegard

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Why English-Only Notice to Spanish-Only Speakers is Not Enough: The Argument for Enhancing Procedural Due Process in New Mexico, Lysette P. Romero

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Untangling Ricci v. Destefano: The Wards Cove of the Twenty-First Century, D'Ontae D. Sylvertooth

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Methane as a Greenhouse Gas: Why the EPA Should Regulate Emissions from Animal Feeding Operations and Concentrated Animal Feeding Operations under the Clean Air Act, John Verheul

Submissions from 2010

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The House of the Rising Sun: Homeowners' Associations, Restrictive Covenants, Solar Panels, and the Contract Clause, Kristina Caffrey

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Has the Sun Set on Solar Rights - Examining the Practicality of the Solar Rights Act, Scott F. Stromberg

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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

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Oil and Gas Development in the Arctic: Softening of Ice Demands Hardening of International Law, Kristin Noelle Casper

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Preventing the Extinction of Candidate Species: The Lesser Prairie-Chicken in New Mexico, Sally A. Paez

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Geologic Sequestration of CO2: How EPA's Proposal Falls Short, Adam Gardner Rankin

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Public Trust in Wildlife: Two Steps Forward, Two Steps Back, The, Patrick Redmond

Submissions from 2008

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Reclaiming Querencia: The Quest for Culturally Appropriate, Environmentally Sustainable Economic Development in Norther New Mexico, Kristina Gray Fisher

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Conflict Diamonds or Illicit Diamonds: Should the Difference Matter to the Kimberley Process Certification Scheme, Tina Muscarella Gooch

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Herrington v. State: Straightening out the Tangled Doctrine of Surface Water to Groundwater Transfers in New Mexico, Cassandra Malone

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New Mexico's Land Grant and Severance Tax Permanent Funds: Renewable Wealth from Non-Renewable Resources, Amy Williams

Submissions from 2007

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The Application of International Criminal Law to Resource Exploitation: Ituri, Democratic Republic of the Congo, Aaron Ezekiel

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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

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Salmon as Lazarus in the Oregon Desert: The Historic Settlement and Relicensing of the Pelton-Round Butte Project, Shems Baker Jud

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Saving Old McDonald's Farm after South Dakota Farm Bureau, Inc. v. Hazeltine: Rethinking the Role of the State, Farming Operations, the Dormant Commerce Clause, and Growth Management Statutes, Kathryn Benz

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Trout Unlimited, Grieta Gilchrist

Submissions from 2005

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Lobato v. Taylor: How the Villages of the Rio Culebra, the Colorado Supreme Court, and the Restatement of Servitudes Bailed out the Treaty of Guadalupe Hidalgo, Ryan Golten

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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

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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

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The Deep Seabed: Customary Law Codified, Ian Bezpalko

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Did Cooper v. Leatherman Require State Appellate Courts to Apply a De Novo Standard of Review for Determining the Constitutional Excessiveness of Punitive Damages Claims - Aken v. Plains Electric Generation & (and) Transmission Cooperative, Inc., Cynthia L. Blackwell

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Leaving Wildlife out of National Wildlife Refuges: The Irony of Wyoming v. United States, Stanley Fields

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Pipeline Industry Meets Grief Unimaginable: Congress Reacts with the Pipeline Safety Improvement Act of 2002, Carol M. Parker

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Preservation of Agricultural Lands through Land Use Planning Tools and Techniques, Elisa Paster

Submissions from 2003

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Hip Deep: A Survey of State Instream Flow Law from the Rocky Mountains to the Pacific Ocean, Jesse A. Boyd

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Federalism, Electric Industry Restructuring, and the Dormant Commerce Clause: Tampa Electric Co. v. Garcia and State Restrictions on the Development of Merchant Power Plants, Jeffery S. Dennis

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A Look at Climate Change and the Evolution of the Kyoto Protocol, Todd M. Lopez

Submissions from 2002

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The Extension of Legal Rights to Animals under a Caring Ethic: An Ecofeminist Exploration of Steven Wise's Rattling the Cage, Katrina M. Albright

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Administrative Wilderness: Protecting Our National Forestlands in Contravention of Congressional Intent and Public Policy, Brandon Dalling

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Palazzolo v. Rhode Island: Clarification and More Confusion on Notice Issue, Jaime Dawes

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The Administration of the Middle Rio Grande Basin: 1956-2002, Celina A. Jones

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Valuation of Minerals in Takings Cases, Rebekah King

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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

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Contractual Discretion and the Endangered Species Act: Can the Bureau of Reclamation Reallocate Federal Project Water for Endangered Species in the Middle Rio Grande, Joan E. Drake

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The Nile River: Potential for Conflict and Cooperation in the Face of Water Degradation, Kristin Wiebe

Submissions from 2000

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WTO Panel Decision on the U.S. Shrimp Embargo: Another Ruling against U.S. Enforcement of Species Protection in Trade, The, Susan Bisong

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Who Controls New Mexico's Acequias - Acequia Government and Wilson v. Denver, Christopher J. DeLara

Submissions from 1999

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Blaze Construction Case: An Analysis of the Blaze Construction Tax Cases and the Implications on Avoidance of Taxation in Indian Country, James M. Burson

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Western Wetlands: The Backwater of Wetlands Regulation, J. Brian Smith

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When Arsenic is Safer in Your Cup of Tea Than in Your Local Water Treatment Plant, Sue E. Umshler

Submissions from 1998

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Reintroducing the Mexican Wolf: Will the Public Share the Costs, or Will the Burden Be Borne by a Few, Joel M. Carson

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Conjunctive Management of Stream-Aquifer Water Rights; The Hubbard Decision, Jeffrie Minier

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Protection of the Public against Litigious Suits ("PPALS"): Using 1993 Federal Rule 11 to Turn SLAPPs Around, J. Reid Mowrer

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Down in the Dumps: Can States Regulate Out-of-State Waste Flow and Survive the Commerce Clause, Jason M. Rael

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United Water New Mexico, Inc. v. New Mexico Public Utility Commission: Why Rules Governing the Condemnation and Municipalization of Water Utilities May Not Apply to Electric Utilities, Thomas Smidt III

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Catron County Board of Commissioners, N.M. v. United States Fish & (and) Wildlife Service: Is Functional Equivalence the Solution to the Emerging Critical Habitat Problem, Kurt van Deren

Submissions from 1997

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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

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Planning the Future of the Middle Rio Grande Bosque: Preserving the River through a Revival of Public Deliberative Democracy, Patrick McDaniel

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The Multiplication of Fractional Elk - New Mexico's New Math, Brian Thomas

Submissions from 1995

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United States v. Rohm and Haas Company: Under CERCLA, Government Cannot Collect Expenses for Overseeing Private Party Cleanups, Elizabeth M. Wee

Submissions from 1993

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U.S. v. Alexander: Defining and Regulating Subsistence Use of Resources among Alaska Natives, M. Lynne Bruzzese

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Finding a Proposal for Major Federal Action Consistent with the Purposes of NEPA: Does Blue Ocean Preservation Society v. Watkins Breathe New Life into the Law, Valerie Chang

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Salvaged Water: The Failed Critical Assumption Underlying the Pecos River Compact, R. Bruce Frederick

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Where Do We Stand Now - Manuel Lujan, Jr., Secretary of the Interior, Petitioner v. Defender of Wildlife, Nancy S. Grief

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Can You Say N: NIMBY, NWPA AND Nuclear Preemption, William III Mabry

Submissions from 1992

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Land Use Regulation and the Takings Clause: Are Courts Applying a Tougher Standard to Regulators after Nollan, Sandra Bailey

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EPA's CERCLA Lender Liability Proposal: Secured Creditors Hit the Jackpot, Robin A. Goble

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Administration of Reserved and Non-Reserved Water Rights on an Indian Reservation: Post-Adjudication Questions on the Big Horn River, Eric Hannum

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Role of Science in Valuing Natural Resources after State of Ohio v. Department of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough

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Oklahoma and Texas v. New Mexico: A Hastily Negotiated River Compact Leads to Problems in Equitable Apportionment of the Canadian River, Joseph H. Robertson

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Boarhead Corporation v. Erickson: CERCLA Precludes the Use of Other Statues to Challenge EPA Cleanup Actions, Chris Schatzman

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Contract for Nonbeneficial Use: New Mexico Water Law is Drowned out by Contract. (Margarito Trujillo and Swope Farm and Livestock Co. v. CS Cattle Company and Eagle Nest Reservoir Corporation v. Angel Fire Corporation, 109 N.M. 705, 790 P.2d 502 (1990)), William Singdahlsen

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Standing for Environmental Groups: Procedural Injury as Injury-in-Fact, Miriam S. Wolok

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Tribes v. States: Zoning Indian Reservations, J. Bart Wright

Submissions from 1991

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An Adequate EIS under NEPA: Deference to CEQ; Merely Conceptual Listing of Mitigation Leads Us to a Merely Conceptual National Environmental Policy, Jennifer R. Bartlit

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English v. General Electric Company: The State Right to Regulate the Nuclear Energy Industry Affirmed - Albeit Indirect, Wes Bogdan

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Consent Judgement in Environmental Lawsuits: More Than You Thought, Mitchel S. Jofuku

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Reasonable Inference of Authority to Control Hazardous Waste Disposal Results in Potential Liability: United States v. Aceto Agricultural Chemicals Corporation, Anita Letter

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Diversions of Nevada's Truckee River Foreshadow Doom for Endangered Species, Judith Luck

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Ultimate Advisor: Rights of a Downstream State under the Clean Water Act, Maria O'Brian

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Redefining Management Participation for CERCLA's Secured Lender Exemption: United States v. Fleet Factors Corps., Peter White

Submissions from 1990

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Court Picks New Test in Cotton Petroleum, Kristina Bogardus

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Look Out States...Your Environmental Liability Could Be Bigger Than You Think, Thomas L. Hagerman

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The Availability of the Affirmative Defenses of Assumption of Risk and the Sale Defense against Common Law Public Nuisance Actions: United States v. Hooker Chemicals & (and) Plastics Corp., Julie Mauer

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Transboundary Liability Goes with the Flow - Gasser v. United States: The Use and Misuse of a Treaty, Anne M. Morgan

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The Toxic Time Bomb in the Borderland: Can the Emergency Planning and Community Right to Know Act Help, Robert Scott