Digital Commons Network^™

Is The "Act Of God" Dead?, Clifford J. Villa

Faculty Scholarship

In more than twenty years with the U.S. Environmental Protection Agency (EPA) before joining the legal academy, I saw many communities affected by fires, floods, hurricanes, earthquakes, and other natural disasters. However, I never saw a case where the act of God defense prevailed against environmental liability. Confirming this personal experience, I later learned that the number of reported cases where the act of God defense had prevailed against environmental liability, under all statutes and all federal circuits, was also exactly zero.

This raises two obvious questions: (1) why does the act of God defense so often fail? and (2) …

Environment Restoration Operations Consolidated Quarterly Report - July 2017, Sandia National Laboratories/Nm

Environmental Restoration

Environmental Restoration Operations Consolidated Quarterly Report, July 2017 for the Department of Energy, National Nuclear Security Administration, Sandia National Laboratories that addresses all quarterly reporting (January through March 2017) required under the Resource Conservation and Recovery Act Permit and the Compliance Order on Consent for Sandia National Laboratories/New Mexico, Environmental Protection Agency identification number NM5890110518.

Unm Pathology Pathfinder Summer 2017, Unm Department Of Pathology

Newsletters

No abstract provided.

Comparison Of Post-Marketing Surveillance Approaches Regarding Infections Related To Tumor Necrosis Factor (Tnf) Inhibitors, Cheng Chen

Pharmaceutical Sciences ETDs

Objective: Both spontaneous (voluntary) reporting systems and observational approaches serve as important tools in post-marketing surveillance for adverse drug events, however, each has its own advantages. The primary purpose of this project was to compare and contrast the FDA Adverse Event Reporting System (FAERS) data and findings from observational studies in post-marketing surveillance through examining TNF inhibitors (etanercept, adalimumab, infliximab, certolizumab and golimumab) related infections, and secondarily, to examine the applicability of additional analyses in FAERS, such as multiple logistic regressions and time to onset of event analysis.

Methods: Using MedDRA^® preferred terms (PTs), infection and infestation cases in …

Minor Protections: Best Practices For Representing Child Migrants, Laila L. Hlass

New Mexico Law Review

In recent years, the number of Central American children fleeing violence and seeking protection in the United States has surged, and these children’s cases have flooded the immigration courts. Children are treated virtually the same as adults in immigration court, and, because they are not provided government-appointed counsel, many must defend themselves from deportation pro se. In 2014, 80% of children—roughly 34,130—were unrepresented, and this lack of representation often has profound consequences: many of these children are eligible for protection from deportation, but, without access to attorneys, most will be deported anyway. Governments, nonprofits, and child advocates have taken action …

Indemnifying Public Employees Against Judgments For Punitive Damages: The New Mexico Tort Claims Act Is Unconstitutional, Matthew Holt

New Mexico Law Review

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 …

Between A Rock And An Ethical Duty: Attorney Obligations Under The Reporting Requirement Of New Mexico’S Abuse And Neglect Act, Kirsten Dick

New Mexico Law Review

Every person in New Mexico has a statutory duty to report known or suspected child abuse or neglect to the proper authorities. Does this duty extend to attorneys who have their own set of ethical rules prohibiting disclosure of confidential client information? In State v. Strauch, the New Mexico Supreme Court held that the “every person” language of the Abuse and Neglect Act extends the mandatory duty to report to all persons, not just those professionals who work most frequently with children and are enumerated in the statute. This interpretation spurs an analysis of the interplay among the attorney-client privilege, …

To Discipline Or Not To Discipline: A Framework For New Mexico To Analyze The Ethics Of Medical Marijuana Representation, Jesse Montoya

New Mexico Law Review

What are lawyers to do when their obligations to clients conflict with their obligations to the law? How are state ethics systems expected to manage conflicting obligations to state and federal law? This article explores the ethical conundrum of medical marijuana representation in New Mexico. The New Mexico advisory ethics opinion counseled lawyers to avoid “assisting” medical marijuana businesses, but did not clarify what type of conduct qualified as “assistance.” In addition, the New Mexico Supreme Court refused to adopt Rule 16-102(E), which would have carved an exception in the New Mexico Rules of Professional Conduct for assistance of medical …

Investigating Strategies To Improve Health Care Labor Market, Health Outcomes, Health Care Quality, And To Reduce Emergency Department Utilization And Costs: A Study Of The Effectiveness Of Family Friendly Policies, Patient-Centered Communication, And Enhanced Access To Care, Juliette Guemmegne Tayou

Economics ETDs

This dissertation investigates three important issues in the US health care system: the low utilization of family-friendly policies by health care professionals, the sub-optimal quality of medical services, and the high level of emergency department (ED) expenditures. Chapter 2 uses a unique dataset from a choice experiment to address the first issue by exploring the impact of supervision support on the economic value of family-friendly policies. My results suggest that supervisors’ support for the use of family-friendly services significantly increase the economic value of the family-friendly benefits provided. Chapter 3 and 4 investigate the effectiveness of patient-centered care models in …

The Ecology Of Acequias In The Mora Valley: Patterns, Processes And Place-Based Knowledge, Shannon Marie Rupert

Biology ETDs

In northern New Mexico, early settlements were clustered for protection of the people and access to water for domestic and agricultural uses was critical to their success. Irrigation ditches, known as acequias, brought water to the people, and were central to community life. These earthen ditches of varying lengths were built between one hundred and several hundred years ago, and most are still operational today. They divert water away from natural streams and across the landscape, through a system of man-made channels, until the unused water is diverted back into natural watercourses. These lateral channels appear to function as extensions …

Microdischarges Utilized In Portable Gas Sensing And Their Atmospheric Contaminants, Colin H. Sillerud

Chemical and Biological Engineering ETDs

Portable applications of microdischarges such as the chemical detection, remediation of gaseous wastes, or the destruction of volatile organic compounds will mandate operation in the presence of contaminant species. This work examines the temporal evolution of microdischarge optical and ultraviolet emissions during pulsed operation by experimental methods. By varying the pulse length of a microdischarge initiated in a 4-hole silicon microcavity array operating in a 655 Torr ambient primarily composed of Ne, we were able to measure the emission growth rates for different contaminant species native to the discharge environment as a function of pulse length. It was found that …

Application Of Echo Telemedicine To Nursing Homes To Help Staff Address Problematic Behaviors, B Humel, M Hasselberg, E Engield, J Karuza

Project ECHO Bibliography

ECHO (Extension for Community Healthcare Outcomes) is a collaborative model of medical education and care management that uses telemedicine to empower clinicians. Inter-disciplinary specialists mentor and share their expertise across a virtual network via case-based learning, enabling primary care clinicians to treat patients with complex conditions in their own communities. University of Rochester has developed and implemented an innovated an ECHO program for nursing homes. The mission of ECHO is to educate nursing home staff by presenting challenging patient cases along with educational sessions. Clinics occur two times a week and participants are given a baseline survey of their knowledge …

Strategic Management In Small Business: An Exploratory Study, Nicholas Gary Schlereth Ph.D., Mba

Health, Exercise, and Sports Sciences ETDs

Small businesses make up approximately 98% of all businesses in the United States, but little is known about how they engage with their communities and engage in strategic management (Small Business Administration, 2016). To understand more about how small businesses engage in these practices, this study seeks to explore these topics through a technology enhanced qualitative study design (Marshall & Rossman, 2015). The study sought to replicate face-to-face interviews through an online survey with open-ended questions designed to learn from small business decision makers regarding their actions and the actions of their organizations. The study had 45 total participants from …

Book Reviews

New Mexico Historical Review

No abstract provided.

Characteristics And Success Of Long-Term Contracts In Major League Baseball, Briton A. Hagan

Health, Exercise, and Sports Sciences ETDs

The current labor market in MLB is extremely lucrative for both players and owners; however, the system is not without its problems. Over the past two decades, owners have become increasingly aggressive when signing elite players. Owners must offer long-term contracts in excess of $100 million to outbid other teams and secure an elite player to be the face of their franchise. Because MLB contracts are guaranteed, owners take a tremendous risk when signing players to a long-term deal. The purpose of the study was to apply a framework for what a “successful” MLB contract is and then measure all …

Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja

Natural Resources Journal

Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang

Natural Resources Journal

Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore

Natural Resources Journal

Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …

Relationship Between Weight Status, Demographic Variables And Health-Related Quality Of Life In New Mexico Adolescents, Ukeme Umoh

Biomedical Sciences ETDs

This study evaluated the relationship between weight status, demographic variables and HRQOL in New Mexico adolescents. This secondary analysis uses baseline data from 991 adolescents in the 9^th and 10^th grades enrolled in the ACTION PAC clinical trial. HRQOL was assessed using the validated Pediatric Quality of Life Inventory Version 4.0 (PedsQL 4.0). Body mass index (BMI) percentiles were calculated from anthropometric measurements, and demographic variables (age, sex, race/ethnicity and household income) were obtained via self-report. Obese adolescents (BMI ≥ 95^th percentile) had lower total (pthpercentile) adolescents. Males reported higher total (p

Adobe Medicus 2017 4 July-August, Health Sciences Library And Informatics Center

adobe medicus

The bimonthly newsletter published by UNM's Health Sciences Library and Informatics Center, adobe medicus announces new programs, services and activities at the library and at the UNM Health Sciences Center. It also reports on recent activities, events and awards associated with the library and includes articles about services that patrons may not be aware of.

The Earliest Patent By A Woman In New Mexico: Eunice Trim's Combination Comfort Canteen, Christine Copper-Rompato

New Mexico Historical Review

No abstract provided.

2016 Annual Report, Joseph A. Cook

Annual Reports

No abstract provided.

Mk2 Promotes Colorectal Cancer Development, Invasion, And Growth Through Mk2-Induced Cytokines, Anita Lynne Ray

Biomedical Sciences ETDs

Colorectal cancer (CRC) is the third most common malignancy in the United States for men and women. A major risk factor for CRC development and progression is inflammation, in particular the inflammatory cytokines IL-1, IL-6, and TNF-α. These proteins promote critical cancer functions, such as proliferation, invasion, survival, and migration. Control of inflammation is one potential area of therapeutic intervention for some cancers. Because signaling of these cytokines overlaps in many of the same pathways, targets upstream of protein production could prove an effective strategy to reduce inflammation. MAPK-activated protein kinase 2 (MK2) pathway controls production of these cytokines within …

Low Serum Sodium Levels At Hospital Admission: Outcomes Among 2.3 Million Hospitalized Patients, Saleem M. Al Mawed

Biomedical Sciences ETDs

Background: Hyponatremia is the most common electrolyte disorder among hospitalized patients. Controversies still exist over the relationship between hyponatremia and outcomes of hospitalized patients. Methods: To analyze the association of low serum sodium levels at hospital admission with in-hospital mortality and patient disposition and to compare the distribution of the risk of death associated with hyponatremia across the lifespan of hospitalized patients, we conducted an observational study of 2.3 million patients using data extracted from the Cerner Health Facts database between 2000 and 2014. Logistic regression models were used in the analyses. Results: 14.4% of hospitalized patients had serum sodium …

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …

Coalition For Prisoners' Rights Newsletter, Vol 42-Yy, No. 7, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

Positive Change is Possible

Conozca Sus Derechos/ Know Your Rights

To-Do List: The Numbers Tell Us

Digitized Archival Primary Sources In Stem: A Selected Webliography, Amy Jankowski

University Libraries & Learning Sciences Faculty and Staff Publications

Popular connotations of archives and special collections are most closely aligned with the arts and humanities fields, with history being the most seamless affiliation. However, archival documentation extends far beyond common disciplinary assumptions, with strong holdings relevant to the sciences, technology, engineering, and mathematics (STEM) fields, as well as medicine and other allied disciplines. These archival collections provide largely untapped educational, enrichment, and research opportunities for STEM students and researchers.

Given the profound influx of digitization during the last two decades, many archival primary source materials have been digitized and are now freely available online, with more assuredly in progress. …

The Choose H2o Challenge #Ich2oose: Piloting A Health Communication Campaign To Encourage Teens In Rural New Mexico To Drink More Water, Emily A. Lilo

Communication ETDs

This dissertation explains the process of designing, implementing, and evaluating a two-tiered health campaign on social media and in a rural New Mexico high school. The Choose H2O Challenge was an 8-week contest to engage youth in examining their beverage consumption habits, to increase awareness about the health risks of sugary beverages, the benefits of water, and the influence of beverage marketing on their choices. The goals were to change the culture of beverage consumption at the school by making it fun to drink more water, and to encourage teens to become health messengers to their families and friends. This …

Elements Affecting Adoption And Implementation Of Health Literacy Initiatives In Healthcare Organizations: A Qualitative Study, Audrey C. Riffenburgh

Communication ETDs

Nearly nine in ten U.S. adults struggle to use increasingly complex healthcare organizations and to understand the information these organizations provide. However, healthcare organizations are not yet widely addressing the need to make their services and health information easier to navigate, understand, and use.

The purpose of this study was to expand knowledge about the facilitators and barriers to adoption and implementation of health literacy initiatives in healthcare organizations. Sixteen qualitative interviews with individuals who lead health literacy initiatives in 16 organizations across the U.S. were conducted.

The study identified multiple facilitators and barriers to health literacy adoption and implementation …

The Impact Of Dysphagia On Quality Of Life And Stigma In Hispanic New Mexicans, Aaron Padilla

Speech and Hearing Sciences ETDs

INTRODUCTION: Eating is a function of daily life and is the centerpiece of family gatherings, business meetings, and holiday/religious traditions. Dysphagia (difficulty swallowing), can abolish the pleasure of mealtimes, which can negatively impact quality of life (QOL) and result in stigma. These variables may be influenced by cultural perceptions and/or acculturation, which is a measure of the impact that one cultural group has on another. The purpose of this investigation was to: a) identify the relationship between level of acculturation and QOL and stigma for Hispanics, b) measure the relationship between dysphagia severity and QOL and stigma, and c) explore …