Suchergebnisse

The New Mexico Tort Claims Act (TCA) was adopted both to limit the liability of the government, in order to protect the public treasury, and to provide for reasonable compensation to people who have been injured by wrongful acts of the government and its employees. One facet of the TCA neither decreases the government's liability nor provides for the payment of compensation to those injured by the government's wrongful acts. In fact, in this area, the TCA increases the government's liability. The TCA provides that the government is obligated both to defend and indemnify employees who are subject to claims for compensatory and punitive damages, provided only that the claims arise out of the employees' conduct in the "scope of the duties" tasked to the employees. Years ago, the New Mexico Court of Appeals held that conduct that is purely personal, indeed conduct that may be heinously felonious, conduct that does not in any way advance the interests of the government, can be within a public employee's "scope of duties" if the authorized duties assigned to the employee put him or her in the position so that they could commit the crime. In such a case, the governmental entity has the statutory duty both to defend and to indemnify the employee. While punitive damages are not available against a government employee for a common law tort, they are available for a constitutional tort – and the TCA requires that the governmental entity indemnify the employee for both compensatory and punitive damages. Because requiring the government to pay for punitive damages assessed against a public employee for purely personal conduct that falls with the "scope of duties" serves no public purpose, this Article argues that using taxpayer money to pay such an award violates the anti-donation clause of the New Mexico Constitution.

Cover -- Endorsement -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- About the Authors -- Foreword -- Acknowledgments -- Introduction -- 1 What Is Unique About Immigration Evaluations? -- The Referral Question -- The Evaluator -- The Client -- The Adjudicator -- Ethical Considerations -- Note -- Bibliography -- 2 Assessing Hardship for Waivers of Inadmissibility -- Waivers for Unlawful Presence -- Waivers for Curing Certain Criminal Activity -- Waivers for Fraud Or Misrepresentation -- What Is Extreme Hardship? -- Waivers Based On Humanitarian Purposes, to Assure Family Unity, Or Public Interest -- Alien Smuggling -- Refugees and Asylees -- Waivers Based On Positive Factors -- Serious Crimes -- Permanent Bars and Prior Deportations -- Requests for More Evidence and Notice of Intent to Deny -- How Do Reports and Evaluations Factor Into a Waiver Analysis? Why Is the Evaluator's Role Essential? -- The Evaluation -- Gathering Background Information -- Family and Upbringing -- Trauma History -- Immigration History -- Relationship History -- Quality of Relationship to Applicant -- Children -- Medical History -- Psychiatric History -- Substance Abuse History -- Employment/Academic History -- Assessing Hardships -- Assessment Measures -- The Report -- Responding to a Request for More Evidence (RFE) Or a Notice of Intent to Deny (NOID) -- Notes -- Bibliography -- 3 The Appraisal of Exceptional and Extremely Unusual Hardship for Cancellation of Removal -- Cancellation of Removal for Certain Nonpermanent Residents -- Special Rule Cancellation of Removal -- Cancellation of Removal for Certain Permanent Residents -- The Psychological Evaluation -- Assessing Hardship to a Qualifying Relative (Cancellation of Removal for Non-LPR) -- Example #1: Rosa -- Example #2: Claudio.

We assess exchange rate pass-through (ERPT) for U.S. and Canadian prices for oriented strand board (OSB), a structural wood panel product used extensively in U.S. residential construction. Because of its prominence in construction and international trade, OSB markets are likely sensitive to general economic conditions. In keeping with recent research, we examine regime-specific ERPT effects; we use a smooth transition vector error correction model. We also consider ERPT asymmetries associated with a measure of general macroeconomic activity. Our results indicate that during expansionary periods ERPT is modest, but during downturns, ERPT effects are larger. ; USDA-USFS [SRS 09-CA-11330143-023] ; This research has been supported by USDA-USFS Cooperative Agreement No. SRS 09-CA-11330143-023. We appreciate the helpful comments provided by an anonymous referee and by seminar participants at the International Conference of Agricultural Economists in Vancouver, Canada, August 2018. Authors names appear in alphabetical order - senior authorship is shared. ; Public domain authored by a U.S. government employee