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Wagon Tracks Volume 33, Issue 1 (November 2018), Santa Fe Trail Association

Wagon Tracks

2 On the Cover: Pawnee Indians Watching a Caravan

4 President: As I See It

5 Manager: Joanne's Jottings

6 Mapping Progress, Leader Needed

7 Symposium 2019

8 Trail News

10 Warfare and Death on the Santa Fe Trail

16 Desecration of the Sacred

17 The Story of Kate Kingsbury

18 SFTA Awards and Hall of Fame

19 Business Techniques in the Santa Fe Trade

21 Bright Days Event Photos

22 Why the Cherokee Trail is Important

27 Light My Fire!

28 Chapter Reports

29 Membership Form

32 Calendar

Full Issue (Fall 2018)

Intersections: Critical Issues in Education

No abstract provided.

Critical Race Spatial Analysis: Mapping To Understand And Address Educational Inequity (Book Review), Neritza Díaz-Cruz

Intersections: Critical Issues in Education

No abstract provided.

The Art Of Zero Bey: The Man Behind The Brush, Glenda Lewis

Intersections: Critical Issues in Education

No abstract provided.

What About Students’ Experiences: (Re)Imagining Success Through Photovoice At A High-Achieving Urban “No-Excuses” Charter School, L. Trenton S. Marsh

Intersections: Critical Issues in Education

The article highlights the use of photovoice, a method that gives power to creators of images to capture experiences that are central to their life. Students verbal considerations of success in the context of the “no-excuses” school is included, as is a sample of students’ visual data about what success is outside of the “no-excuses” context. The study reveals the “no-excuses” orientation fosters an oppressive definition of success in the context of classrooms. However, the photovoice component reveals students are able to resist the limited view as four emergent findings reveal how students make meaning of success: (1) human connection; …

Settler Colonial Legacies: Indigenous Student Reflections On K-12 Social Studies Curriculum, Stephanie Masta

Intersections: Critical Issues in Education

This article explores how Indigenous students make meaning of the dominant structure of settler colonialism within their K-12 academic experiences. I build on previous work done on settler colonial ideology by linking structural forms of settler colonial power to the lived experiences of Indigenous students, and using their voices to describe how pervasive settler colonial ideology is in practice. Through their descriptions of the curriculum narratives in K-12, the participants create a compelling image of the influence of settler colonialism in their educational experiences. Confronting settler colonial ideology is not just about providing a more accurate historical record of what …

Examining Intersectionalities Among Male Faculty Of Color On The Tenure-Track, Melissa A. Martinez, Juan M. Nino, Isaac Torres

Intersections: Critical Issues in Education

This qualitative phenomenological study examined the lived experiences of 22 male assistant professors of color as they navigated the tenure-track while working in various disciplines at four-year institutions nationwide. The notion of intersectionality provided a theoretical framework to unearth how participants’ experiences were shaped. The guiding questions for the study included: 1) How do male tenure-track assistant professors of color describe their experiences in navigating academia? (2) How does intersectionality theory assist with better understanding their experiences? Findings revealed overarching themes related to how they negotiated and struggled with their various work and personal roles and responsibilities, understandings of their …

Call For Submissions

Intersections: Critical Issues in Education

No abstract provided.

Front Matter

Intersections: Critical Issues in Education

No abstract provided.

Building The New American Economy: Smart, Fair, And Sustainable By Jeffrey D. Sachs, Serena R. Wheaton

Natural Resources Journal

No abstract provided.

Eating The Ocean By Elspeth Probyn, Annie Brethour

Natural Resources Journal

No abstract provided.

Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels

Natural Resources Journal

The Wild Free-Roaming Horses and Burros Act is overdue for repeal or revision. The Wild Horse and Burro Program is expensive for taxpayers, detrimental to rangelands, and harmful to the thousands of free-roaming equines it is intended to benefit. For nearly half a century, the Bureau of Land Management and United States Forest Service have struggled to balance the mandates of the Wild Free-Roaming Horses and Burros Act amidst a political and social climate that makes compliance impossible. Forty-six years after the Act was passed, the agencies are further from arriving at a solution than they have ever been. The …

Fair And Equitable Treatment Of Foreign Investors In An Era Of Sustainable Development, Ying Zhu

Natural Resources Journal

The long-existing debate surrounding the environmental impacts of investment liberalism has been intensified by the rapid growth of an international investment regime, which now consists of more than 3,000 international investment agreements (“IIAs”) and more than 700 investor-state arbitration cases. Many scholars, states, and non-governmental organizations (“NGOs”) fear this effective investment protection regime may intrude on or “chill” the host state’s sovereign right to regulate public interests, including environmental protection. An unsolved task for arbitral tribunals is to distinguish non-compensable legitimate environmental regulation from regulatory conduct that triggers compensation paid by host states to foreign investors.

How Wide Is Wide Enough?: Science, Values, And Law In Riparian Habitat Conservation, George Wilhere, Timothy Quinn

Natural Resources Journal

Difficult environmental policy issues often elicit fervent declarations to “follow the science.” Such declarations ignore the essential role of values in policy making. The main purpose of this article is to clarify the relationships among science, values, and law in environmental policy. An important policy issue in wildlife conservation, is determining “how much is enough?” That is, what is the smallest amount of habitat or minimum population size that is adequate for the long-term survival of wildlife populations? This paper presents three case studies in which policy makers decided how much was enough for protecting freshwater salmonid habitats. The case …

The Regulatory Framework Of Produced Water In New Mexico And Why N.M. Stat. Ann. § 72-12-25(B)(1) (2009) Should Be Amended, Scott Woody

Natural Resources Journal

Produced water is a problem. This brackish byproduct of oil and gas production contains salts, dissolved solids, organic compounds, and naturally occurring radioactive materials. And that is putting it nicely. Produced water is seen as a liability to oil and gas producers and is generally disposed of via reinjection or open pits. The disposal is costly and creates future environmental hazards. However, through emerging technology and minor alterations to the New Mexico Statutes, this liability can be converted to an asset for all New Mexicans.

Front Matter, Selena Sauer

Natural Resources Journal

No abstract provided.

Wagon Tracks Volume 32 Issue 4 (August 2018), Santa Fe Trail Association

Wagon Tracks

2 On the Cover: Big Timbers on the Arkansas

4 President: As I See It

5 Manager: Joanne's Jottings

6 Bright Days and Starry Nights Along the SFT: Elkhart, KS; Boise City, OK; and Clayton, NM

7 Rendezvous 2018

8 Trail News

10 Call for Papers/Reenactors for 2021

13 Membership Information

28 Chapter Reports

32 Calendar

Full Issue (Spring 2018)

Intersections: Critical Issues in Education

No abstract provided.

Introduction, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Volume Vii (2018), Unm Department Of Orthopaedic Surgery

UNM Orthopaedic Research Journal

No abstract provided.

An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth J. Samuels

New Mexico Law Review

Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …

Fixing Deference In Youth Crimmigration Cases, Esther K. Hong

New Mexico Law Review

This Article focuses on a type of judicial deference that uniquely appears in immigration cases of non-citizen minors and young adults who have adult-ish state offense findings: state adult convictions imposed while they were minors, and state youthful offender findings. Deference, as revealed in these immigration cases, is an independent analytical tool that the Board of Immigration Appeals and federal courts use to presumptively accept the judgment or law of the state or federal government, even if the act goes against the statutes or policies of the other. Specifically, in immigration cases involving state youthful offender findings, the BIA and …

Cheers! Ending Quill . . . What Can Be Learned From The Wine Industry, Alyson Outenreath

New Mexico Law Review

In today’s age of technology, does it really matter where we are physically present? For example, a person in rural Montana can buy items online, just as if that person were in a brick-and-mortar store in New York City or San Francisco. An Internet business having employees and offices only in Chicago could sell products to customers located in all 50 states. If physical presence has become a bygone of the past, then why still talk about it? The answer is the 1992 U.S. Supreme Court decision in Quill Corp. v. North Dakota. Quill involved whether an out-of-state office supply …

Bringing Counsel In From The Cold: Reconciling Ethical Rules With The Quagmire Of Insurance Defense Practice, Joseph Regalia, V. Andrew Cass

New Mexico Law Review

Litigators have a tough job: demanding clients, relentless deadlines, and constant pressure to get everything just right. But insurance defense attorneys deal with this and more. Being an insurance-defense attorney means serving two masters: the insurance company that pays the bills, and the insured who stands to lose if the case turns out badly. Not to mention that the sorts of complicated liability cases for which insurers provide coverage often spawn twisted webs of attorney expectations and obligations--particularly ethical ones. And this ethical morass comes with costs: Costs for parties, costs for attorneys, and costs for the public. Much of …

Of Remand And Responsibility: Oakey V. May Maple Pharmacy And The Pharmacist’S Professional Standard Of Care In New Mexico, Paul Michael Roybal

New Mexico Law Review

Reports of the United States’ prescription drug overdose epidemic abound in news media. In an effort to curb this epidemic, several entities have been subject to lawsuits, including pharmaceutical manufacturers and doctors. However, pharmacists remain protected in the majority of jurisdictions by a restricted professional standard of care. The pharmacist’s professional standard of care in New Mexico was a question of first impression when it reached the Court of Appeals in Oakey v. May Maple Pharmacy, but the case was remanded back to the district court so that each party’s expert could further develop a standard. Thus, the question is …

Let’S Call The Poll Thing Off: Partial Verdict Forms As A More Reliable Way To Enforce The Double Jeopardy Clause When Juries Deadlock On Counts With Lesser Included Offenses, Ben Osborn

New Mexico Law Review

The practice of charging lesser included offenses often leads juries to acquit on some levels of a given count but deadlock on others, but many states do not give effect to such acquittals and instead record only the deadlock for the entire count. Because the Double Jeopardy Clause only attaches to formally recorded verdicts, defendants’ double jeopardy rights will thus often depend on whether and how a jury is afforded the opportunity to give effect to such partial acquittals. Some states expressly forbid such partial acquittals, a practice deemed constitutional by the United States Supreme Court. New Mexico not only …

Amount-In-Controversy In The Tenth Circuit: Providing A Corporate Defendant Even More Power Under Cafa, Isaac Leon

New Mexico Law Review

Prior to the Class Action Fairness Act of 2005 (“CAFA”), diversity jurisdiction was the manner used by defendants to remove class action lawsuits to federal court. However, class action plaintiffs were able to overcome federal jurisdiction and remain in certain state courts that were thought to provide certain advantages. Due to this perceived threat of abuse of this procedural vehicle, Congress sought to expand federal jurisdiction for class action lawsuits that may affect interstate commerce and national policy. Generally speaking, CAFA provided federal courts subject matter jurisdiction over class action lawsuits where the amount-in-controversy exceeds $5,000,000 and there is minimal …

Language Ideology, Policy And Planning In Peru (Book Review), Yuliana H. Kenfield

Intersections: Critical Issues in Education

No abstract provided.

A Baby Boomer’S Journey On The Path To Gender Equity, Sheri Williams

Intersections: Critical Issues in Education

This personal poem chronicles a baby boomer’s journey on the path to gender equity and access. The poem recounts events that shaped the author’s positionally as a woman and educator. The journey starts with early life experiences, narrates events in the author’s schooling and career, and springs forward to a more just and hopeful future. Readers are invited to pen their own past, present, and future journey by considering how their lives have been influenced by the intersections of age, gender, class, race, political belief, culture, history and other subjectivities.

Shhhh!, Donna M. Druery

Intersections: Critical Issues in Education

Shhhh! is a historical analyses of the quietness America seeks so that its citizens (and the world) will not know/learn of the origins of history and culture of its citizens descended from Africa.