Top Five Tips for Employers Regarding Employee Use of Social Media
Download PDF Odds are that you, or at least one person you know, have at least some presence on social media, whether it be a Facebook or Instagram profile, a Twitter handle, a LinkedIn page, or a personal blog. Employers, too, are engaging more…
BNY V. Romero: Important Lessons For Foreclosure Practice in New Mexico
On February 13, 2014, the New Mexico Supreme Court filed its Opinion in Bank of New York v. Romero, 2014-NMSC-007. The opinion in BNY v. Romero describes a case which started badly and ended terribly. The case grew out of an unnecessary, expensive, poorly documented loan…
Tribal Employment Preference Laws
I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…
Indigenous Peoples’ Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Download PDF Sacred sites and traditional cultural properties are crucial to the preservation of indigenous peoples’ culture and society, and are increasingly recognized by international and state law and non-governmental entities. This article explores the various legal and non-legal documents addressing sacred…
Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”
In an order issued on Friday, June 27, 2014, the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado overturned “three interconnected” decisions by the U.S. Forest Service (“USFS”) and the Bureau of Land Management (“BLM”)…
Handling the Application, Lease, Transfer, and Sale of Water Rights
Applying for Water Rights – from Basic to Complex In order to obtain a water right one must apply for a water permit from the New Mexico Office of the State Engineer. A water permit is an inchoate right and is the…
New Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property
Introduction: In a case that may have national significance, the New Mexico Supreme Court upheld the New Mexico Cultural Properties Review Committee’s (“Committee”) permanent designation of approximately 400,000 acres of public lands on Mt. Taylor in west‐central New Mexico as a traditional…
Recreational Release Enforced: Modrall Sperling Obtains Summary Judgment for Indoor Climbing Gym Sued for Negligence
Signing a liability waiver and release is a common prerequisite to participating in recreational activities, from exercising in a gym to riding in a hot air balloon. Accidents do happen, and just because a participant has signed a release does not mean…
Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms
Download PDF The State supreme courts in Oklahoma and New Mexico both have recently determined that their state courts lack jurisdiction over tort claims arising from conduct at tribal casinos. These cases are a reminder of the importance of clear dispute resolution…