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1 The state of Iowa provides one of the most comprehensive ...

     EXAM NUMBER: #### BBE

    BLUEBOOK EXERCISE

    (Leave blank or add more text boxes to the explanations, as you require)

Directions: Double click in the Exam Number field above, replace #### with your exam number,

    click Close on the Header/Footer toolbar, and save the document, naming it your exam number

    followed by the letters BBE (for BlueBook Exercise). Your document should be named something

    like: ―5213 BBE.doc. Supply the rules and explanations below and complete the Preference Sheet.

    When you are done, attach the document to an email, and send it to BlueBook@bc.edu. The email‘s subject line should be your exam number plus BBE (i.e., 5213 BBE). Good luck.

Original: 1 New Mexico‘s economy is inextricably linked to mining interests; not surprisingly,

    therefore, its legislature is manifestly responsive to lobbying efforts of both the

    mineworkers‘ union and the mines‘ ownership associations. See Mine Safety, Silver Production, and Job Preservation Act, West‘s New Mexico Code Annotated, ?4-44-7 et seq.

    (West 2006). The legislative scheme also had to accommodate the interests of the state‘s

    powerful environmental lobby. See N.M. STAT. ANN. at ?4-45-1820 (reclamation of disturbed lands); N.M. STAT. ANN. at ??4-44-7(A)(i)(iii) (tax credits to encourage air scrubbing). The legislation stalled for an extended period until the mine owners received

    concessions. See Martin Salazar, Owners Association Prevails In Fight For Profit

    Protections, Mining Industrial Monthly Journal, August 23, 2005, page B1 (providing an

    account of the role consignment security interest rules played in the impasse resolution). ?4-

    48-2 gave the mine owners a protected security interest in the mined silver throughout the

    production process. Mine Safety, Silver Production, and Job Preservation Act, at ?4-48-2.

Edited: 1 New Mexico‘s economy is inextricably linked to mining interests; not surprisingly,

    therefore, its legislature is manifestly responsive to lobbying efforts of both the mineworkers‘

    union and the mines‘ ownership associations. See Mine Safety, Silver Production, and Job

    Preservation Act, N.M. STAT. ?? 4-44-7 to -49-9(G) (2006). The legislative scheme also had

    to accommodate the interests of the state‘s powerful environmental lobby. See id. ?? 4-45-18 to -20 (reclamation of disturbed lands); id. ? 4-44-7(A)(i)(iii) (tax credits to encourage air scrubbing). The legislation stalled for an extended period until the mine owners received

    concessions. See Martin Salazar, Owners Association Prevails in Fight for Profit Protections,

    MINING INDUS. MONTHLY J. (Albuquerque, N.M.), Aug. 23, 2005, at B1 (providing an

    account of the role consignment security interest rules played in the impasse resolution).

    Section 4-48-2 gave the mine owners a protected security interest in the mined silver

    throughout the production process. N.M. STAT. ? 4-48-2.

Explanation:

    Rules Explanation

    1

     EXAM NUMBER: #### BBE

Original: 2 Many fail to realize that environmental issues are often civil rights issues as well.

    Whether by siting polluting facilities in poorer neighborhoods, or relaxing the permissible

    levels of lead found in government-assisted housing, an administration‘s indifference to

    environmental concerns often has a disproportionate impact on communities of color.

    See Thomas B. Brazelton and Randall Pinkston, Evaluating Disparate Impact After Du

    Pont v. EPA: Why How Much You Make Affects What You Breathe, 2004 BEHAVIORAL SCIENCES AND THE LAW 262, 277 (2004). The authors also note that those who were

    once on the front lines of the social justice movement, now give the government a pass

    when it comes to environmental justice issues. They state,

     ...the impulses that once informed ‘60s extremism now seem to be

    permanently submerged, whether attributable to issue fatigue,‖ or the

    fact that racism is now simply both more subtle and more entrenched.

    Brazelton and Pinkston, supra, at 272 (emphasis in the original). See also Randall Pinkston, Justice under Cover: an Effluent Cloud Gathers Over the Inner City, 11 ACADEMIC BULLETIN OF CIVIL LIBERTIES (which will come out in November of 2008).

    Although Jane Jacobs was neither a city planner nor an attorney, her THE DEATH AND LIFE

    OF GREAT AMERICAN CITIES has probably had a more profound impact on zoning law and

    urban ecology than any other book written in the twentieth century. As described infra at notes 123135, many authors have documented that her theories about the nature of

    economies directly influenced an entire generation of United States legislators. See, e.g., Richard Robertson, The Process of Growth and Its Limitations in the Year 2000 224

    (Random House, 1999) (citing Jacobs, The Death and Life of Great American Cities, at 197 (Vintage Books, 1961)); Cotting, Wayne S., City(e)scapes, in The Legislative Landscape,

    at 313 (Anita Mann, Ima Frayd, and Jenn Derfuque, editors) (1999) [hereinafter The

    Legislative Landscape].

Edited: 2 Many fail to realize that environmental issues are often civil rights issues as well.

    Whether by siting polluting facilities in poorer neighborhoods, or relaxing the permissible

    levels of lead found in government-assisted housing, an administration‘s indifference to

    environmental concerns often has a disproportionate impact on communities of color.

    See T. Berry Brazelton & Randall Pinkston, Evaluating Disparate Impact After Du Pont v. EPA: Why How Much You Make Affects What You Breathe, 2004 BEHAV. SCI. & L. 262, 277. The authors also note that those who were once on the front lines of the social

    justice movement, now give the government a pass when it comes to environmental

    justice issues. They state, ―[T]he impulses that once informed ‘60s extremism now seem

    to be permanently submerged, whether attributable to ‗issue fatigue,‘ or the fact that racism is now simply both more subtle and more entrenched. Id. at 272; see also Randall Pinkston, Justice Under Cover: An Effluent Cloud Gathers over the Inner City, 11 ACAD. BULL. C.L. (forthcoming Nov. 2008) [hereinafter Pinkston, Justice Under Cover]. Although Jane Jacobs was neither a city planner nor an attorney, her The Death and Life of Great American Cities has probably had a more profound impact on zoning law and

    2

     EXAM NUMBER: #### BBE

    urban ecology than any other book written in the twentieth century. As described infra at notes 12335, many authors have documented that her theories about the nature of

    economies directly influenced an entire generation of U.S. legislators. See, e.g., RICHARD ROBERTSON, THE PROCESS OF GROWTH AND ITS LIMITATIONS IN THE YEAR 2000, at 224 (1999) (citing JANE JACOBS, THE DEATH AND LIFE OF GREAT AMERICAN CITIES 197 (1961)); Wayne S. Cotting, City(e)scapes, in THE LEGISLATIVE LANDSCAPE 313, 313 (Anita Mann et al. eds., 1999).

Explanation:

    Rules Explanation

Original: 3 Since the earliest days of the Republic, the founders viewed the taxing authority of the

    federal government as a prerequisite to a strong and stable nation. See the American Constitution, Article 1, section 2, http://www.house.gov/Constitution.html (noting the

    drafters envision collection of a tax they could ―apportion... among the several States which may be included within this Union....‖). In opposition to this traditional view, many on the

    more libertarian end of the spectrum, especially those comprising radical, underground

    groups, eschew all federal taxing authority. Preaching to the converted, their literature is

    distributed mainly at gun shows and America First rallies. See John Bullock Janes, April Fifteenth Is a National Day of Betrayal, 3 VOICE OF THE PEOPLE 7 (2007) (espousing moving all taxing authority to the state and local level). That viewpoint finds support in even more

    sinister quarters and, as a result, those so-called journals are distributed exclusively on the

    internet. See, e.g., Daniel Duke, No Taxation Without Retribution, 21 Awaken Aryan Nation 3 ? 22, available at http://www.aryannation/duke.html (last visited Apr. 15, 2007).

Edited: 3 Since the earliest days of the Republic, the founders viewed the taxing authority of the

    federal government as a prerequisite to a strong and stable nation. See U.S. CONST. Art. 1,