Modrall Sperling COVID-19 Task Force Updated May 12, 2021
…long, complicated and at times less than clear. With the complexity in mind, we have set out to identify and explain the major provisions that are most likely to affect…
Tribal Employment Preference Laws
…to accommodate traditional tribal culture. Such provisions are commonly styled as “freedom of religion” or “accommodation of religion” provisions. It is also quite common for TEROs to require a preference…
“Black Snakes” Or Essential Infrastructure: Dakota Access Pipeline, Standing Rock Sioux Tribe v. U. S. Army Corps of Engineers, The Federal Government’s Tribal Consultation Obligations, and Why This Matters
…withheld from Standing Rock, including spill models, a risk assessment, a route comparison, and an analysis of environmental justice matters.[61.Memorandum for Commander, Corps, from Jo-Ellen Darcy, Assistant Sec’y of the…
Art Collection
The Southwest Aesthetic: Diversity of People and Landscapes The art collection now housed at Modrall Sperling comprises a significant portion of the art collected by Dick and Connie Modrall. Spanning…
Handling the Application, Lease, Transfer, and Sale of Water Rights
…or community ditch regarding transfers; or (2) an affidavit provided by the commissioners of the acequia or community ditch stating that the acequia or community ditch has not adopted any…
Annual Environmental Law Update
…for reconsideration cited new data that demonstrated that plants burning certain types of coal could not comply with the ELG Rule.71 Administrator Pruitt stated that because certain compliance dates had…
Religious Freedom v. The Blaine Amendment: Current Challenges to a Discriminatory Remnant of the Nineteenth Century
…the United States Constitution – the Establishment Clause and the Free Exercise Clause – are enshrined in our legal structure and deeply woven into our pluralistic society. Religious freedom in…
Scientific Opinions: Differences Between Federal and New Mexico Law
…to their application of Daubert/Alberico. Compare Kumho Tire Co. v. Carmichael, 526 U.S. 137, 151 (1999) (extending the trial court’s gate-keeping function under Daubert to include expert testimony based on…
Guidance for New Mexico Employers: Misclassification of Independent Contractors
…test” are: Is the work an integral part of the employer’s business? For a construction company that frames residential homes, carpenters are integral to the employer’s business because the company…