Author Archives: Emil J. Kiehne

Timothy Sandefur to speak in Albuquerque on July 31

Timothy Sandefur, a Principal Attorney at the libertarian Pacific Legal Foundation (which sometimes files amicus curiae briefs in New Mexico’s appellate courts), and frequent commentator on legal issues, will speak on July 31 about his new book, The Conscience of … Continue reading

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Tenth Circuit denies en banc review in Guarantee Clause case

Yesterday the Tenth Circuit voted to deny en banc review in Kerr v. Hickenlooper. Judges Hartz, Tymkovich, Holmes, and Gorsuch dissented. To recap, the Guarantee Clause is located in Article IV, Section 4 of the United States Constitution, and provides … Continue reading

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Save the date for the New Mexico Appellate Practice Institute

The State Bar’s annual Appellate Practice Institute is scheduled to take place on Friday, December 5, 2014 at the State Bar Center in Albuquerque. Save the date, file a notice of unavailability … you don’t want to miss it! More … Continue reading

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Anti-Defamation League’s SCOTUS review is tomorrow

I am a big fan of Dean Erwin Chemerinsky’s yearly review of the Supreme Court’s decisions. I’ve seen his live presentations at the Tenth Circuit Bench & Bar Conference, which are truly impressive because of Prof. Chemerinsky’s deep command of the facts … Continue reading

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NM Court of Appeals, NM AG candidates speak at forum

On Tuesday, July 1, the Albuquerque Bar Association held a forum for the two candidates for the New Mexico Court of Appeals, incumbent Judge Miles Hanisee, the Republican nominee, and his challenger, appellate lawyer Kerry Kiernan, the Democratic nominee. The forum … Continue reading

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New Mexico Supreme Court upholds “tax lightning” statute

In New Mexico, a state statute provides that residential property taxes cannot be raised more than 3% per year, unless the home is sold, in which case the next property tax assessment can be for the home’s full value. This means that when a … Continue reading

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Tenth Circuit Scorecard, October Term 2013

The Supreme Court’s October 2013 Term concluded yesterday, so now it’s time to take a look at how our beloved Tenth Circuit fared. The answer is “pretty well.” The Supreme Court reviewed four cases from the Tenth Circuit, affirming two … Continue reading

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10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United … Continue reading

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Justice Ruth Bader Ginsburg to speak in Santa Fe on August 15

U.S. Supreme Court Justice Ruth Bader Ginsburg will speak in Santa Fe on August 15, 2014 at a conference called “Risk and Reinvention: How Women Are Changing the World.” The conference is hosted by the Women’s International Study Center, and will … Continue reading

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Candidates’ forum for NM Court of Appeals & NM Attorney General on July 1

On Tuesday, July 1, the Albuquerque Bar Association will host a Candidates Forum for the New Mexico Court of Appeals, featuring incumbent Judge J. Miles Hanisee, the Republican nominee, and appellate lawyer Kerry C. Kiernan, the Democratic nominee. Their respective campaign websites are … Continue reading

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