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University of New Mexico School of Law Legal Studies Research Paper Series

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1.

Book Review: Jonathan P. Thompson, River of Lost Souls: The Science, Politics, and Green Behind the Gold King Mine Disaster (2018)

Public Land & Resources Law Review, Vol. 41, No. 1, 2019., UNM School of Law Research Paper No. 2019-05
Number of pages: 11 Posted: 09 Aug 2019
Accepted Paper Series
University of New Mexico - School of Law
Downloads 2
2.

Defining Away the Problem: Trying Again to Free Federal Dams from the Endangered Species Act

Environmental Law Reporter, Forthcoming, UNM School of Law Research Paper No. 2019-04
Number of pages: 48 Posted: 08 Aug 2019
Working Paper Series
University of New Mexico - School of Law
Downloads 1
3.

Avoidable 'Fraccident': An Argument Against Strict Liability for Hydraulic Fracturing

Kansas Law Review, Vol. 60, 2012, UNM School of Law Research Paper
Number of pages: 43 Posted: 07 Jul 2019
Accepted Paper Series
University of New Mexico
Downloads 12
4.

Gold King Mine Spill: Environmental Law and Legal Protections for Environmental Responders

Utah Law Review, Vol. 2019, No. 2, 2019, UNM School of Law Research Paper No. 2019-03
Number of pages: 73 Posted: 19 Jun 2019 Last Revised: 23 Jun 2019
Accepted Paper Series
University of New Mexico - School of Law
Downloads 7
5.

Imputing Regulatory Failures in Oil and Gas Licensing: A Discussion and Proposal

Washburn Law Journal, Vol. 57, 2018, UNM School of Law Research Paper
Number of pages: 50 Posted: 30 May 2019
Accepted Paper Series
University of New Mexico and Depew, Gillen, Rathbun and McInteer
Downloads 3
6.

Private Enforcement of the Kansas Wage Payment Act

Kansas Law Review, Vol. 62, 2014, UNM School of Law Research Paper
Number of pages: 35 Posted: 30 May 2019
Accepted Paper Series
University of New Mexico and Withers, Gough, Pike, Pfaff & Peterson
Downloads 1
7.

Constructing the First Year Experience: Improving Retention and Graduation Rates at a Hispanic-Serving Institution

Reinvention Collaborative RC20/20 Higher Education Conference (Colorado State University, November 9, 2018), UNM School of Law Research Paper No. 2019-02
Number of pages: 9 Posted: 04 Apr 2019
Working Paper Series
University of New Mexico - School of Law, University of New Mexico, University of New Mexico and University of New Mexico
Downloads 10
8.

New Mexico’s Renewable Portfolio Standard: Analysis of Existing Policy Design Elements and Compliance Obligations Beyond 2020

UNM School of Law Research Paper No. 2019-01
Number of pages: 79 Posted: 12 Jan 2019
Accepted Paper Series
University of New Mexico - School of Law
Downloads 25
9.

Keeping Power in Charge: Federal Hydropower and the Downstream Environment

39 Public Land & Resources Law Review 24 (2018), UNM School of Law Research Paper No. 2018-17
Number of pages: 38 Posted: 13 Nov 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 3
10.

More or Less Human: Colonialism, Common Law, and the Social Construction of Humanity on Vancouver Island, 1849-1864

UNM School of Law Research Paper No. 2018-16
Number of pages: 40 Posted: 08 Nov 2018 Last Revised: 08 Nov 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 65
11.

Safeguarding Judicial Integrity During the Trump Presidency: Richard Nixon's Attempt to Impeach Justice William O. Douglas and the Use of National Security as a Case Study

Campbell Law Review, Vol. 40, No. 1, 2018, UNM School of Law Research Paper No. 2018-15
Number of pages: 60 Posted: 07 Nov 2018 Last Revised: 09 Nov 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 41
12.

Evaluating Intellectual Disability: Clinical Assessments in Atkins Cases

Hofstra Law Review, Vol. 46, 2018, UNM School of Law Research Paper No. 2018-13
Number of pages: 116 Posted: 07 Nov 2018
Accepted Paper Series
University of New Mexico - School of Law, Winthrop University and University of New Mexico - School of Law
Downloads 56
13.

Universities as 'Sanctuaries'

Journal of College and University Law, Vol. 44, No. 1, 2018, UNM School of Law Research Paper No. 2018-14
Number of pages: 23 Posted: 07 Nov 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 30
14.

Can a State's Water Rights Be Damned? Environmental Flows and Federal Dams in the Supreme Court

Michigan Journal of Environmental and Administrative Law, Vol. 8, 2019, UNM School of Law Research Paper No. 2018-12
Number of pages: 38 Posted: 17 Sep 2018 Last Revised: 24 Jul 2019
Working Paper Series
University of New Mexico - School of Law
Downloads 42
15.

The History of the University of New Mexico School of Law Librarians' Fight for Faculty Status and Equal Voting Rights

Law Library Journal, Vol 110, No 1, Winter 2018, UNM School of Law Research Paper No. 2018-10
Number of pages: 22 Posted: 16 Jul 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 51
16.

Property Provisions of the Joint Operating Agreement: An Update for the New 2015 Form JOA

Texas Tech Law Review, Vol. 50, No. 3 (Spring 2018), UNM School of Law Research Paper No. 2018-11
Number of pages: 84 Posted: 29 Jun 2018
Accepted Paper Series
University of New Mexico School of Law and University of New Mexico - School of Law
Downloads 39
17.

Es Fema El Problema? Hurricane Maria and the Slow Road to Recovery in Puerto Rico

Legal Planet. Berkeley: UCLA Berkeley Law, 17 May 2018, UNM School of Law Research Paper No. 2018-09
Number of pages: 6 Posted: 23 May 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 16
18.

Everybody Does Better in Indian Country When Tribes are Empowered

Healing Our Divided Society: Investing in America Fifty Years after the Kerner Report (Temple University Press, 2018), UNM School of Law Research Paper No. 2018-07
Number of pages: 8 Posted: 30 Mar 2018 Last Revised: 05 Apr 2018
Accepted Paper Series
University of Iowa College of Law
Downloads 187
19.

The Right to an Independent Judiciary and the Avoidance of Constitutional Conflict: The Burger Court's Flawed Reasoning in Chandler V. Judicial Council of the Tenth Circuit and Its Unfortunate Legacy

St. Mary’s Journal on Legal Malpractice & Ethics, Vol. 8, No. 1, 2017, UNM School of Law Research Paper No. 2018-08,
Number of pages: 69 Posted: 01 Mar 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 8
20.
Downloads 4
21.

Cause and Effect: The Origins and Impact of Justice William O. Douglas’ Anti-Military Ideology from World War II to O’Callahan V. Parker

Thomas M. Cooley Law Review, Vol. 26, Winter 2009
Number of pages: 110 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 5
22.

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

Air Force Law Review, Vol. 64, 2009
Number of pages: 36 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 3
23.

Hugo Black's Vision of the Lawyer, the First Amendment, and the Duty of the Judiciary: The Bar Applicant Cases in a National Security State

William and Mary Bill of Rights Journal, Vol. 20, No. 3, 2012
Number of pages: 100 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 5
24.

Fighting for Environmental Justice: The Life and Work of Professor Eileen Gauna

Natural Resources Journal, Vol. 57, No. 2, 2017, UNM School of Law Research Paper No. 2018-05
Number of pages: 12 Posted: 12 Jan 2018 Last Revised: 21 Feb 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 15
25.

The Road Taken: A Reflection on Michael C. Blumm & William Warnock's Roads Not Taken: EPA vs. Clean Water

Environmental Law, Vol. 34, 2004
Number of pages: 6 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 3
26.

Superfund vs. Mega-Sites: The Coeur D'Alene River Basin Story

Columbia Journal of Environmental Law Vol. 28
Number of pages: 70 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 4
27.

California Dreaming: Water Transfers from the Pacific Northwest

Environmental Law, Vol. 23, 1993
Number of pages: 30 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 3
28.

Cleaning Up at the Tracks: Superfund Meets Rails-to-Trails

Harvard Environmental Law Review, Vol. 25, 2001
Number of pages: 54 Posted: 12 Jan 2018 Last Revised: 21 Jun 2019
Accepted Paper Series
University of New Mexico - School of Law
Downloads 4
29.

Rice V. Cayetano: The Supreme Court Declines to Extend Federal Indian Law Principles to Native Hawaiians Sovereign Rights

Asian-Pacific Law & Policy, Journal Vol. 3, No. 2, 2002
Number of pages: 12 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 1
30.

Jim Crow, Indian Style: The Disenfranchisement of Native Americans

American Indian Law Review, Vol 16 (1991)
Number of pages: 36 Posted: 12 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 11
31.

Nearing Thirty Years: The Burger Court, Strickland v. Washington, and the Parameters of the Right to Counsel

Journal of Appellate Practice and Process, Vol. 14, No. 2, 2013, UNM School of Law Research Paper
Number of pages: 51 Posted: 11 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 5
32.

Why are We Doing this? Cognitive Science and Nondirective Supervision in Clinical Teaching

Kansas Journal of Law & Public Policy, Vol. 26, No. 1, 2016, UNM School of Law Research Paper No. 2018-04
Number of pages: 25 Posted: 10 Jan 2018 Last Revised: 05 Nov 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 191
33.

Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (And Quasi-Military) Operations

Southwestern University Law Review, Vol. 46, No. 3, 2017, UNM School of Law Research Paper No. 2018-06
Number of pages: 23 Posted: 10 Jan 2018 Last Revised: 23 Jan 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 15
34.

Recent Developments

American Indian Law Review, Vol. 21 (1997)
Number of pages: 10 Posted: 10 Jan 2018
Accepted Paper Series
University of Iowa College of Law
Downloads 8
35.

Recurring Problems in Indian Gaming

Wyoming Law Review, Vol. 1, 2003
Number of pages: 18 Posted: 10 Jan 2018
Accepted Paper Series
University of Iowa College of Law
Downloads 7
36.

Addressing Implicit Bias to Improve Cross-Cultural Care

Clinical Obstetrics and Gynecology Journal, UNM School of Law Research Paper No. 2018-01
Posted: 09 Jan 2018
Working Paper Series
University of New Mexico - Department of Obstetrics, Gynecology and Surgery and University of New Mexico School of Law
37.

Who is a LatCrit?: Jerome and Angela Provide Answers and Ways of Being

University of Miami Social Race & Justice Law Review, Forthcoming, UNM School of Law Research Paper No. 2018-03
Posted: 05 Jan 2018 Last Revised: 09 Jan 2018
Working Paper Series
University of New Mexico School of Law and Independent
38.

HLS 200: A Latina's Story About the Bicentennial

21 Harv. Latinx L. Rev. 35 (2018), UNM School of Law Research Paper No. 2018-02
Number of pages: 20 Posted: 05 Jan 2018 Last Revised: 11 Jan 2019
Accepted Paper Series
University of New Mexico School of Law
39.

A Reexamination and Reformulation of the Habendum Clause Paying Quantities Standard Under Oil and Gas Leases

One J: Oil and Gas, Natural Resources, and Energy Journal, Vol. 3, No. 4, 2017, UNM School of Law Research Paper No. 2017-14
Number of pages: 39 Posted: 07 Dec 2017
Accepted Paper Series
University of New Mexico School of Law
Downloads 16
40.

Safeguarding Judicial Integrity by Making the Executive Branch's Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise Its Inherent Authority to Make Public the President's Tax and Investment Records

North Illinois University Law Review, Forthcoming, UNM School of Law Research Paper No. 2017-15
Number of pages: 43 Posted: 27 Nov 2017
Accepted Paper Series
University of New Mexico - School of Law
Downloads 36
41.

An Essay on Environmental Justice: The Past, the Present, and Back to the Future

Natural Resources Journal, Vol. 42, No. 4, 2002, UNM School of Law Research Paper
Number of pages: 23 Posted: 08 Nov 2017 Last Revised: 21 Feb 2018
Accepted Paper Series
University of New Mexico - School of Law
Downloads 50
42.

An Examination of Policy Options for Achieving Greenhouse Gas Emissions Reductions in New Jersey

Georgetown Climate Center (185 pgs.), UNM School of Law Research Paper No. 2017-12
Number of pages: 186 Posted: 07 Nov 2017
Accepted Paper Series
University of New Mexico - School of Law, Georgetown Climate Center, State Energy & Environmental Impact Center, Georgetown Climate Center, Georgetown Climate Center, Georgetown University, Law Center, Students, Georgetown Climate Center, World Resources Institute, Rutgers, The State University of New Jersey, Rutgers, The State University of New Jersey and Rutgers, The State University of New Jersey - Edward J. Bloustein School of Planning and Public Policy
Downloads 25
43.

New Strategies for Reducing Transportation Emissions and Preparing for Climate Impacts

Fordham Urban Law Journal, Vol. 44, 2017, UNM School of Law Research Paper No. 2017-13
Number of pages: 51 Posted: 07 Nov 2017 Last Revised: 07 Dec 2017
Accepted Paper Series
University of New Mexico - School of Law, Georgetown Climate Center and Georgetown Climate Center
Downloads 14
44.

Reducing Greenhouse Gas Emissions from Transportation: Opportunities in the Northeast and Mid-Atlantic

Georgetown Climate Center and Cambridge Systematics, November 2015, UNM School of Law Research Paper
Number of pages: 61 Posted: 06 Nov 2017 Last Revised: 08 Nov 2017
Accepted Paper Series
University of New Mexico - School of Law, Georgetown Climate Center, Georgetown Climate Center, Georgetown Climate Center, Cambridge Systematics and Cambridge Systematics
Downloads 17
45.

Making the Most of Cooperative Federalism: What the Clean Power Plan Has Already Achieved

Georgetown Environmental Law Review (GELR), Vol. 29, No. 2, 2017, UNM School of Law Research Paper No. 2017-11
Number of pages: 69 Posted: 04 Nov 2017
Accepted Paper Series
University of New Mexico - School of Law
Downloads 27
46.

Explaining the Modernized Leasing and Right-of-Way Regulations for Indian Lands

UNM School of Law Research Paper No. 2017-10
Number of pages: 37 Posted: 20 Oct 2017
Working Paper Series
University of Iowa College of Law and Steptoe & Johnson LLP
Downloads 276
47.

The Prisonization of America's Public Schools

Hofstra Law Review, Vol. 45, No. 4, 2017, UNM School of Law Research Paper No. 2017-09
Number of pages: 23 Posted: 05 Oct 2017
Accepted Paper Series
University of New Mexico - School of Law
Downloads 53
48.

Using Interculturally Aware Teaching Methods

Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez, eds., 2015), Ch. 4, Sec. B., UNM School of Law Research Paper No. 2017-08
Number of pages: 6 Posted: 22 Aug 2017 Last Revised: 24 Aug 2017
Accepted Paper Series
University of New Mexico - School of Law
Downloads 12
49.

Is the ‘Act of God’ Dead?

Washington Journal of Environmental Law & Policy, Vol. 7, No. 2, 2017, UNM School of Law Research Paper No. 2017-06
Number of pages: 21 Posted: 19 Aug 2017 Last Revised: 25 Aug 2017
Accepted Paper Series
University of New Mexico - School of Law
Downloads 75
50.

Federalism and the State Police Power: Why Immigration and Customs Enforcement Must Stay Away from State Courthouses

Willamette Law Review, Vol. 54, No. 2, Spring 2018, UNM School of Law Research Paper No. 2107-07
Number of pages: 14 Posted: 01 Aug 2017 Last Revised: 22 Feb 2019
Accepted Paper Series
University of New Mexico - School of Law
Downloads 123