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.

Follow

Submissions from 2015

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Have You Volunteered to Arbitrate Today, Lynne Canning

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2011

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2008

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2007

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Trout Unlimited, Grieta Gilchrist

Submissions from 2005

PDF

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

PDF

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

PDF

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

PDF

The Deep Seabed: Customary Law Codified, Ian Bezpalko

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2003

PDF

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

PDF

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

PDF

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

Submissions from 2002

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Valuation of Minerals in Takings Cases, Rebekah King

PDF

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

PDF

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

PDF

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

Submissions from 2000

PDF

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

PDF

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

Submissions from 1999

PDF

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

PDF

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

PDF

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

Submissions from 1998

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 1995

PDF

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

Submissions from 1993

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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