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Professor George Bach

George Bach

Associate Professor of Law
B.A. 1992, Centre College of Kentucky
J.D. 2002, University of New Mexico School of Law
Member of the New Mexico Bar

 Curriculum Vitae SSRN

Contact Information

 Ph.: 505-277-1094
 Office: 3116
 bach@law.unm.edu

Profile

George Bach has taught constitutional law, evidence, federal jurisdiction, civil procedure, trial practice, employment and labor law, and clinic.

During and after law school, Bach worked for K. Lee Peifer ('77), litigating in civil rights, union-side labor law and employee-side employment law. In 2005, Bach became the first staff attorney at the American Civil Liberties Union of New Mexico, where he litigated a wide variety of civil rights cases in state and federal courts. In 2009, he teamed up with Matthew L. Garcia ('05) and formed the firm of Bach & Garcia. He also worked as an attorney at Garcia Ives Nowara.

A former president of the New Mexico Lesbian and Gay Lawyers Association, Bach was honored with a Santa Fe Human Rights Alliance "Treasure" Award in 2007 for his work in the LGBT community. In 2009, U.S. Rep. Martin Heinrich nominated him to the New Mexico State Advisory Committee to the U.S. Commission on Civil Rights. Bach serves as a volunteer member of the American Civil Liberties Union of New Mexico's legal panel and on the board of directors for Enlace Comunitario.

Bach was presented with the "Mr. Holland's Dopest" professor award by the Class of 2012. He was named "Professor of the Year" by the Class of 2014 and “Best Overall Professor” by the Class of 2017.

Courses

Advanced Constitutional Rights

This two-semester, six-hour course focuses on three major areas of rights established by the U.S. Constitution: equal protection and due process (first semester) and First Amendment rights (second semester), including the right to freedom of speech and of the press, the prohibition on laws respecting an establishment of religion, and the right to free exercise. The six-hour course provides time for deeper analysis and broader exploration of these issues. Throughout the course, there will be discussion of litigation strategy, judicial decision-making with a focus on U.S. Supreme Court processes, and the role of constitutional rights in modern contexts. Successful completion of both semesters will satisfy the Constitution Rights requirement for graduation.

Constitutional Rights

This course involves an in-depth inquiry into the building blocks of civil rights law; freedom of expression (speech and press), equal protection, due process, and religious freedom. There will be discussion of litigation strategy and the decision-making processes of the U.S. Supreme Court.

Evidence

The course will consider the principles of law and rules governing the admissibility of testimonial and documentary proof in civil and criminal trials, including the concept of relevancy, the use of demonstrative evidence, direct and cross-examination of witnesses, impeachment of credibility, expert testimony, and hearsay. Traditional case materials, the federal rules of evidence, problems, and simulations will be employed to illustrate evidentiary concepts.

Introduction to Constitutional Law

This course is an introduction to the study of Constitutional Law. The focus will be on the structural framework established by the Constitution, including principles of federalism and the role of the Supreme Court in policing the constitutional order. Among other things, we will study the doctrine of judicial review, the reach of federal legislative power, limits on the reach of state power, the workings of the Supreme Court, and separation of powers and limits on the exercise of federal judicial power.

Civil Procedure II

This course continues the analysis (begun in Civil Procedure I) of the procedural stages of a simple lawsuit, considers special problems raised by complex litigation, and explores alternatives to traditional litigation as a means of resolving disputes.

Course topics include: pre-trial conference; judge and jury selection; judgment as a matter of law; jury instructions and form of verdict; findings of fact and conclusions of law; post-trial motions for new trial and renewed requests for judgment as a matter of law; appeal; motions for relief from judgment; collateral estoppel, res judicata and law of the case; joinder, impleader, intervention, interpleader, declaratory actions and class actions; and arbitration. The focus is on the Federal Rules of Civil Procedure, but New Mexico procedural law is also considered throughout the course.

Publications

Articles

The Effect of Medication-Assisted Treatment in Drug Court, with Brady P. Horn, Ph.D. (in progress).

More on Dignity in Eighth Amendment Conditions of Confinement Claims, 42 New England Journal on Criminal and Civil Confinement 1 (Winter 2016).

Answering the “Serious Constitutional Question”: Ensuring Meaningful Review of All Constitutional Claims, 117 West Virginia L. Rev. 177 (2014).
Available at: SSRN

Defining "Sufficiently Serious" in Claims of Cruel and Unusual Punishment, 62 Drake L. Rev. 1 (Fall 2013)
Available at: SSRN

State Law to the Contrary? Examining Potential Limits on the Authority of State and Local Law Enforcement to Enforce Federal Immigration Law, 22 Temp. Pol. & Civ. Rts. L. Rev. 67 (Fall 2012).
Available at: SSRN

Iqbal Is Not a Game-changer for Discovery in Civil Rights Cases, with Matthew L. Garcia, 42 N.M. L. Rev. 329 (Summer 2012).
Available at: SSRN

Essays

Federalism and the State Police Power – Why Immigration and Customs Enforcement Must Stay Away from State Courthouses, Willamette Law Review (forthcoming Spring 2018)
Available at: SSRN

Out and About Because I Can Be, in Out and About – The LGBT Experience in the Legal Profession (American Bar Association 2015)

News