Digital Commons Network^™

Default Culpability Requirements: The Model Penal Code And Beyond, Scott England

Faculty Scholarship

This Article examines section 2.02(3) of the Model Penal Code, both as proposed by the ALI and as modified by MPC states, and recommends new default culpability rules to replace it.

The Model Penal Code’s default culpability provision, Section 2.02(3), plays a central but often overlooked role in the Code’s celebrated culpability scheme. Section 2.02(3) “reads in” a requirement of recklessness when an offense is silent about the mental state required for an offense element. The provision has profound implications for criminal law because thousands of state offenses fail to prescribe culpability requirements. Without a default culpability rule like Section …

Immature Platelet Dynamics In Immune-Mediated Thrombocytopenic States, Hollie M. Reeves, Robert W. Maitta

Faculty Scholarship

A major challenge encountered by clinicians is differentiating presentations characterized by significant thrombocytopenia due to overlapping clinical symptoms and signs in the setting of ambiguous laboratory results. Immature platelets represent the youngest platelets that can be measured in peripheral blood by current hematology analyzers. These young platelets are larger, with higher RNA content recently released from the bone marrow. Thrombocytopenic presentations caused directly or indirectly by immune responses can lead to compensatory bone marrow responses seeking to normalize the platelet count; thus obtaining absolute immature platelet counts may be informative while triaging patients. Over the last decade, their use has …

Kob-4 Interviews Serge Martinez: Landlords, Tenants Feel Impact Of State Eviction Moratorium, Serge A. Martinez

Faculty Scholarship

"A lot of folks in New Mexico have month-to-month leases that come up for renewal every 30 days or so, and even folks that have longer leases, it's been nine months since the Supreme Court issues their order so a large percentage of leases in New Mexico have come up for renewal in that time period,” said Serge Martinez, a professor at UNM School of Law.

View story at KOB-4

Critical Dialogue: "The Politics Of War Powers: The Theory And History Of Presidential Unilateralism." By Sarah Burns, Jasmine Farrier

Faculty Scholarship

In the first half of 2020, impeachment, COVID-19, Black Lives Matter, and the upcoming presidential election knocked forever wars even farther off our radar. According to Gallup’s “Most Important Problem” polling, over the past six months, national security, terrorism, and international affairs in general registered less than 0.5% of mentions in the national sample. And yet Sarah Burns’s new book is as relevant as it would have been if public opinion still cared about war as much as it did in the first decade of this century. Although this book, published in 2019, obviously could not include these timely 2020 …

Brian Reynolds, Public Visibility, And Gay Stardom, Finley Freibert

Faculty Scholarship

Once gracing the covers of numerous gay newspapers and magazines, Brian Reynolds was a key figure of Los Angeles’ emergent gay adult film industry of the late 1960s. He had all but disappeared from gay adult film historiography until he re-emerged as a cover model for a scholarly journal in 2012, to illustrate pioneering scholarship that initiated contemporary Pat Rocco studies. This article puts the story of Brian Reynolds in dialogue with critical star studies in order to offer a recovery history of Reynolds. Reynolds’ rise to celebrity and sudden relegation to obscurity underscores the historical instability of gay pornographic …

New Mexico In Depth Interviews Vinay Harpalani: Complexity Of Colorism, Vinay Harpalani, Claudia Silva

Faculty Scholarship

“Our discourse on race in this country has largely been framed around black or white,” said University of New Mexico civil rights law professor Vinay Harpalani.

But assumptions about varying shades of skin color can, for example, lead someone who is Indian, like himself, to be mistaken as Hispanic, he said.

Academics who’ve studied racial discrimination say discrimination based on a person’s skin-tone exists across many racial and ethnic groups and generally manifests as a systematic preference for lighter skin over darker skin.

Harpalani explains it can be the other way around in some instances, such as the bullying Clark …

Kob-4 Interviews Josh Kastenberg: Mother Wants Answers After Son Found Dead In New Mexico Jail, Joshua Kastenberg, Tommy Lopez

Faculty Scholarship

In the court file, there’s no explanation of why he wasn’t simply let go. Legal experts say judges need to give that explanation.

"You have to explain, if you’re a judge, to the defendant why it is that you’re assessing them money," said former judge and UNM professor Joshua Kastenberg.

Archuleta had a long record, and Kastenberg believes that’s a big factor in the judge setting bail.

"You want judges to be able to exercise their discretion, but without a ruling, we don’t know what this particular judge had in his or her thought processes," he said.

He says the …

Unm Newsroom Interviews Nathalie Martin: Unm Law Professor Practices Yoga And Meditation In Stressful Times, Nathalie Martin, Maggie Branch

Faculty Scholarship

A professor at The University of New Mexico School of Law has become a very accomplished Yogi – someone who studies and is proficient in yoga. Nathalie Martin, who has been a part of the UNM law faculty since 1998, was featured in a magazine put together by the Property Brothers and HGTV regarding her Yogi status.

Finding Your 'Flow', Heidi K. Brown

Faculty Scholarship

No abstract provided.

Access Services: Not Waving, But Drowning, Max Bowman, Monica Samsky

Faculty Scholarship

Examining the chasm between access services staff and “the rest of the library” is illustrative of the divisions of labor that exist throughout the library. The chapter is an exploration of the effects of siloing and hierarchies in library staffing. The effort to elevate the work of the library within the academy has resulted in a troubling stratification of labor and devaluing of certain kinds of work within libraries.

A Theacrine-Based Supplement Increases Cellular Nad+ Levels And Affects Biomarkers Related To Sirtuin Activity In C2c12 Muscle Cells In Vitro, Petey W. Mumford, Shelby C. Osburn, Carlton D. Fox, Joshua S. Godwin, Michael D. Roberts

Faculty Scholarship

There is evidence in rodents to suggest that theacrine-based supplements modulate tissue sirtuin activity as well as other biological processes associated with aging. Herein, we examined if a theacrine-based supplement (termed NAD3) altered sirtuin activity in vitro while also affecting markers of mitochondrial biogenesis. The murine C2C12 myoblast cell line was used for experimentation. Following 7 days of differentiation, myotubes were treated with 0.45 mg/mL of NAD3 (containing ~2 mM theacrine) for 3 and 24 h (n = 6 treatment wells per time point). Relative to control (CTL)-treated cells, NAD3 treatments increased (p < 0.05) Sirt1 mRNA levels at 3 h, as well as global sirtuin activity at 3 and 24 h. Follow-up experiments comparing 24 h NAD3 or CTL treatments indicated that NAD3 increased nicotinamide phosphoribosyltransferase (NAMPT) and SIRT1 protein levels (p < 0.05). Cellular nicotinamide adenine dinucleotide (NAD+) levels were also elevated nearly two-fold after 24 h of NAD3 versus CTL treatments (p < 0.001). Markers of mitochondrial biogenesis were minimally affected. Although these data are limited to select biomarkers in vitro, these preliminary findings suggest that a theacrine-based supplement can modulate select biomarkers related to NAD+ biogenesis and sirtuin activity. However, these changes did not drive increases in mitochondrial biogenesis. While promising, these data are limited to a rodent cell line and human muscle biopsy studies are needed to validate and elucidate the significance of these findings.

Effects Of Daily 24-Gram Doses Of Rice Or Whey Protein On Resistance Training Adaptations In Trained Males, Jessica M. Moon, Kayla M. Ratliff, Julia C. Blumkaitis, Patrick S. Harty, Hannah A. Zabriskie, Richard A. Stecker, Brad S. Currier, Andrew R. Jagim, Ralf Jäger, Martin Purpura, Chad M. Kerksick

Faculty Scholarship

Large (48-g), isonitrogenous doses of rice and whey protein have previously been shown to stimulate similar adaptations to resistance training, but the impact of consuming smaller doses has yet to be compared. We evaluated the ability of 24-g doses of rice or whey protein concentrate to augment adaptations following 8 weeks of resistance training.

From Loyalty To Justice, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Teaching English As A Foreign Language: A Case Study From Poland, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

This article presents a detailed history of the development of a particular immersion program to teach English to young Polish students. The program draws support from two organizations, the Kościuszko Foundation and the Polish Scouting Organization. Kościuszko Foundation is dedicated to strengthening the ties between the United States and Poland as well as to increase knowledge of Poland’s history and culture in the United States. The cooperation of these two organizations developed an experience of immersion in language and cultural exchange. Both the teachers and the students in this program benefited from the opportunity to engage in a number of …

Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney

Faculty Scholarship

The overwhelming majority of U.S. states facially allocate exclusionary rights and access privileges to beaches by categorically deciding whom to wall in and whom to wall out. In the conventional terms of the longstanding debate surrounding the design of legal directives, such “rules” are considered substantively determinant ex ante and, in application, analogically transparent across similarly situated cases. Only a small number of jurisdictions have adopted “standards” in the beach access context, which—again, on the conventional account—sacrifice both determinacy and transparency for the ability to accommodate ex post the complexities of individual cases. This Article contends that beach access policy …

Higher Order Interactions In Complex Networks Of Phase Oscillators Promote Abrupt Synchronization Switching, Per Sebastian Skardal, Alex Arenas

Faculty Scholarship

© 2020, The Author(s). Synchronization processes play critical roles in the functionality of a wide range of both natural and man-made systems. Recent work in physics and neuroscience highlights the importance of higher-order interactions between dynamical units, i.e., three- and four-way interactions in addition to pairwise interactions, and their role in shaping collective behavior. Here we show that higher-order interactions between coupled phase oscillators, encoded microscopically in a simplicial complex, give rise to added nonlinearity in the macroscopic system dynamics that induces abrupt synchronization transitions via hysteresis and bistability of synchronized and incoherent states. Moreover, these higher-order interactions can stabilize …

Investment, Deficits, And The Transition From Feudalism To Capitalism: An Exploratory Heterodox Analysis And Conjecture, Thomas E. Lambert

Faculty Scholarship

Investment in capital, new technology, and agricultural techniques has not been considered endeavors worthwhile in a medieval economy because of a lack of strong property rights and no incentive on the part of lords and barons to lend money to or grant rights peasant farmers. Therefore, the medieval economy and standards of living at that time often have been characterized as non-dynamic and static due to insufficient investment in innovative techniques and technology. The capital investment undertaken typically would have been in livestock, homes, or public investment in canals, bridges, and roads, although investment in the latter would have been …

Discovering Our Field In Our Stories, Howard Gadlin, Nancy A. Welsh

Faculty Scholarship

It’s the people who make a field.

This book draws on the thought-provoking, diverse, delightful, sometimes painful, and ultimately beautiful personal histories of some of the thinkers, inventors, influencers, reformers, disrupters, and transformers who have created—and continue to create—the field of conflict resolution. The authors of the essays in this book play a variety of roles: mediator, facilitator, arbitrator, ombuds, academic, system designer, entrepreneur, leader of public or private conflict resolution organization, researcher, advocate for conflict resolution, critic of conflict resolution. They represent the various waves of people who have populated our field, the founders, the institutionalizers, and the leaders …

Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters

Faculty Scholarship

Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …

Predictable Punishments, Brian Galle, Murat C. Mungan

Faculty Scholarship

Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.

This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …

Following The Money: The Aca’S Fiscal-Political Economy And Lessons For Future Health Care Reform, William M. Sage, Timothy M. Westmoreland

Faculty Scholarship

It is no exaggeration to say that American health policy is frequently subordinated to budgetary policies and procedures. The Affordable Care Act (ACA) was undeniably ambitious, reaching health care services and underlying health as well as health insurance. Yet fiscal politics determined the ACA’s design and guided its implementation, as well as sometimes assisting and sometimes constraining efforts to repeal or replace it. In particular, the ACA’s vulnerability to litigation has been the price its drafters paid in exchange for fiscal-political acceptability. Future health care reformers should consider whether the nation is well served by perpetuating such an artificial relationship …

The Judicial Admissions Exception To The Statute Of Frauds: A Curiously Gradual Adoption, Wayne Barnes

Faculty Scholarship

The statute of frauds requires certain categories of contracts to be evidenced by a signed writing. The original purpose of the statute of frauds, indeed its titular purpose, is the prevention of the fraudulent assertion of a non-existent oral contract. Although a signed writing is the formal way in which to satisfy the statute of frauds, courts have long recognized various exceptions to the writing requirement which will be held to satisfy the statute absent a writing. The effect of such exceptions is that they constitute an alternative form of evidence for the presence of a contract. One such exception …

Artificial Intelligence, The Law-Machine Interface, And Fair Use Automation, Peter K. Yu

Faculty Scholarship

From IBM Watson's success in Jeopardy! to Google DeepMind's victories in Go, the past decade has seen artificial intelligence advancing in leaps and bounds. Such advances have captured the attention of not only computer experts and academic commentators but also policymakers, the mass media and the public at large. In recent years, legal scholars have also actively explored how artificial intelligence will impact the law. Such exploration has resulted in a fast-growing body of scholarship.

One area that has not received sufficient policy and scholarly attention concerns the law-machine interface in a hybrid environment in which both humans and intelligent …

Automated Pipeline Framework For Processing Of Large-Scale Building Energy Time Series Data, Arash Khalilnejad, Ahmad M. Karimi, Shreyas Kamath, Rojiar Haddadian, Roger H. French, Alexis R. Abramson

Faculty Scholarship

Commercial buildings account for one third of the total electricity consumption in the United States and a significant amount of this energy is wasted. Therefore, there is a need for “virtual” energy audits, to identify energy inefficiencies and their associated savings opportunities using methods that can be non-intrusive and automated for application to large populations of buildings. Here we demonstrate virtual energy audits applied to large populations of buildings’ time-series smart-meter data using a systematic approach and a fully automated Building Energy Analytics (BEA) Pipeline that unifies, cleans, stores and analyzes building energy datasets in a non-relational data warehouse for …

Evidence Supporting The Value Of Surgical Procedures: Can We Do Better?, Christopher Robertson, Jonathan Darrow, Willard S. Kasoff

Faculty Scholarship

There is an acknowledged need for higher-quality evidence to quantify the benefit of surgical procedures, yet not enough has been done to improve the evidence base. This lack of evidence can prevent fully informed decision-making, lead to unnecessary or even harmful treatment, and contribute to wasteful expenditures of scare health care resources. Barriers to evidence generation include not only the long-recognized technical difficulties and ethical challenges of conducting randomized surgical trials, but also legal challenges that limit incentives to conduct surgical research as well as market-based challenges that make it difficult for those funding surgical research to recoup investment costs. …

Albuquerque Journal Interviews Joshua Kastenberg On New Benchmarks For Evidence Rules, Joshua Kastenberg, Isabella Alves

Faculty Scholarship

Joshua Kastenberg, University of New Mexico School of Law professor, said the opinion means eyewitness testimony will have to undergo more corroboration before being allowed into evidence. For example, he said there will also have to be surveillance camera footage or more than one person accurately describing the suspect before eyewitness testimony can be admitted.

Studies over the past three decades show that people are terrible at giving eyewitness testimony on people who are outside their own demographic, Kastenberg said. Police, generally unconsciously, played into that.

Before, federal law put eyewitness credibility in the “lap of the jury,” Kastenberg said. …

Galaxy And Mass Assembly (Gama): A Wise Study Of The Activity Of Emission-Line Systems In G23, H. F.M. Yao, T. H. Jarrett, M. E. Cluver, L. Marchetti, Edward N. Taylor, M. G. Santos, Matt S. Owers, Angel R. Lopez-Sanchez, Y. A. Gordon, M. J.I. Brown, S. Brough, S. Phillipps, Benne Holwerda, A. M. Hopkins, L. Wang

Faculty Scholarship

We present a detailed study of emission-line systems in the Galaxy And Mass Assembly (GAMA) G23 region, making use of Wide-field Infrared Survey Explorer (WISE) photometry that includes carefully measured resolved sources. After applying several cuts to the initial catalog of. 41,000 galaxies, we extract a sample of 9809 galaxies. We then compare the spectral diagnostic Baldwin, Philips & Terlevich (BPT) classification of 1154 emission-line galaxies (38% resolved in W1) to their location in the WISE color-color diagram, leading to the creation of a new zone for mid-infrared "warm"galaxies located 2μm above the star-forming sequence, below the standard WISE active …

Petition Alleging Violations Of The Human Rights Of Lisa Montgomery By The United States Of America And Urgent Request For Precautionary Measures, Sandra L. Babcock, Zohra Ahmed, Veronica Cinibulk, Allison Franz, Gabriela Markolovic, Kelley Henry, Amy D. Harwell, Lisa G. Nouri

Faculty Scholarship

This is a petition filed on behalf of Lisa Montgomery. More about the case, as well as press releases and case documents, can be found on the case page at Cornell Center for Death Penalty Worldwide.

The New York Times Interviews Joshua Kastenberg On Election Day And Deployment Of The National Guard, Joshua Kastenberg, Dave Phillips

Faculty Scholarship

Federal troops have not been used to guard against election violence since the years after the Civil War when the Army was stationed across the South to put down the Ku Klux Klan and protect Black voters, said Joshua Kastenberg, a retired Air Force lieutenant colonel and military judge who teaches military law at the University of New Mexico School of Law.

“Presidents have historically been very reluctant to call out the Army. They’ve used the authority briefly and responsibly,” he said. But, he cautioned, there are almost no checks on the president’s power to send in troops. Challenges in …

Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern

Faculty Scholarship

The right to sue and defend in the courts of the several states are essential privileges of citizenship. Eight generations ago, this right was unavailable to black people, because descendants of African slaves were never intended to be citizens. Then, and for years to come, local governments failed to protect African Americans from violence and discrimination and were sometimes complicit in those violations.

Qualified immunity was born in 1982 when the Supreme Court decided Harlow v. Fitzgerald. With an outflow of questionable court decisions shielding officers solely because they act under color of state law, it is time for the …