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 2015

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Toxic Communities: Environmental Racism, Industrial Pollution, and Residential Mobility by Dorceta E. Taylor, Alan Barton

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Blue Gold: Commoditize Groundwater and Use Correlative Management to Balance Ciy, Farm, and Frac Use in Texas, Gabe Collins

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The Palsgraf Duty Debate Resolved: Rodriguez v. Del Sol Moves to a Foreseeability Free Duty Analysis, Brenna Gaytan

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Water Ethics: A Values Approach to Solving the Water Crisis by David Groenfelt, Robin James

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Law of the Jungle: the $19 Billion Legal Battle over Oil in the Rain Forrest and the Lawyer Who'd Stop at Nothing to Win It by Paul M. Barrett, Anne Minard

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The Promise of Indian Water Leasing: An Examination of One Tribe's Success at Brokering Its Surplus Water Rights, Justin Nyberg

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A Special Purpose: The Migratory Bird Treaty Act and Wind Energy, Robyn Rose

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New Mexico Gross Receipts Tax: Giving Notice and Creating Certainty, Jazmine J. Ruiz

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Water 4.0: The Past, Present, and Future of the World's Most Vital Resource by David Sedlak, Brian Smith

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Enduring Acequias: Wisdom of the Land, Knowledge of the Water by Juan Estevan Arellano, Bianca Smoker

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Water Use and Recycling in Hydraulic Fracturing: Creating a Regulatory Pilot for Smarter Water Use in the West, Xochitl Torres Small

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Extending Premises Liability beyond the Premises: Encinias and the Expansion of the New Mexico Tort Claims Act, Taylor Zangara

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The Case for Grassroots Collaboration: Social Capital and Ecosystem Restoration at the Local Level by John Charles Morris, William Allen Gibson, William Marshall Leavitt, and Shana Campbell Jones, Natalie Zerwekh

Submissions from 2014

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Have You Volunteered to Arbitrate Today, Lynne Canning

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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

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A Great Aridness: Climate Change and the Future of American Southwest, Caitlin Dillon

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State v. Etsitty: The Past, Present, and Future Prosecution of Drunks Who Drive with Children, Adam Flores

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Double Trouble with Double Description: A Consideration of State v. Montoya and Its Application of the Rule of Lenity, Ashley Funkhouser

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Redeeming REDD: Policies, Incentives and Social Feasibility for Avoided Deforestation, Doreen Jameson

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Contested Water: The Struggle against Water Privatization in the United States and Canada, David Ketai

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When Is a Rock a Rock - New Mexico's Abandonment of Property Rules in Mineral Conveyancing, Gabe Long

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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

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Undermining Checks and Balances: the Fallout of Maestas v. Hall, Levi A. Monagle

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State v. Gonzales: Reinvigorating Criminal Joinder in New Mexico, Ryan C. Schotter

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Redefining Duty: the Future of New Mexico Negligence Law and Wrongful Conception after Provencio v. Wenrich, Michael L. Timm Jr.

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Contested Waters: An Environmental History of the Colorado River, Xochitl Torres Small

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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