Digital Commons Network^™

Is The Court Of Indian Offenses Of Ute Mountain Ute Agency A Federal Agency For Purposes Of The Fifth Amendment’S Double Jeopardy Clause?, Barbara L. Creel

Faculty Scholarship

This case, which examines the application of the U.S. Constitution’s Double Jeopardy Clause, sits within the intersection of tribal courts, federal Indian law, and federal criminal law and jurisdiction. Essentially, the question is whether a Native American Indian can be punished twice for the same conduct—first in tribal court and a second time in federal court.

Seeing Is Believing: The Role Of The Visual Stimulus In Cognitive Knowledge Of Sound Structure, John M. Sances

Linguistics ETDs

Usage-based Phonology proposes that language users’ knowledge is stored in the form of exemplars reflecting experience of language usage. Exemplars encompass all visual and auditory information perceived during a language interaction, but few studies have examined the role that visual information plays. This dissertation addresses this question through two experiments. Experiment 1 tested perceptions of rounding via the visual signal (lip protrusion) in native French speakers. Participants perceived rounding in both visual and auditory signals, suggesting they may store the visual stimulus in their exemplars. Experiment 2 tested native American English speakers learning French on perceptions of rounding using audio …

Long-Term Monitoring And Maintenance Plan For The Mixed Waste Landfill - March 2012, Revision I February 16, 2022, Sandia National Laboratories/Nm

Facilities-Units

This Revision I_February 16, 2022 version of the Long-term Monitoring and Maintenance Plan for the Mixed Waste Landfill replaces the original March, 2012 MWL LTMMP.

Asian Americans, Racial Stereotypes, And Elite University Admissions, Vinay Harpalani

Faculty Scholarship

Asian Americans have long occupied a precarious position in America’s racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it will hear arguments and make a ruling in the next year or so. Students for Fair Admissions (“SFFA”) has attempted to link “negative action,” or discrimination against Asian Americans in admissions in favor of White Americans, with “affirmative action,” or race-conscious admissions policies intended to increase the enrollment of …

The Role Of The Accessory Gene Regulator Operon In Biofilm Formation By Staphylococcus Aureus, Sarah C. Jordan

Pharmaceutical Sciences ETDs

Staphylococcus aureus is a pathogenic bacteria that causes significant morbidity and mortality. As antibiotic resistance by S. aureus continues to be a serious concern, developing novel drug therapies to combat these infections is vital. Quorum sensing inhibitors (QSI) dampen S. aureus virulence and facilitate clearance by the host immune system by blocking quorum sensing signaling that promotes upregulation of the accessory gene regulator (agr) operon. While QSIs have shown therapeutic promise in mouse models of S. aureus infection, their further development has been hampered by the suggestion that agr inhibition promotes biofilm formation. In these studies, we investigated the relationship …

Global News Toronto Interviews Joshua Kastenberg: U.S. Supreme Court Blocks Biden Vaccine Mandate, Joshua Kastenberg, Miranda Anthistle

Faculty Scholarship

The Supreme Court rejected the Biden Administration’s workplace vaccine mandate which would require employees at large businesses to be vaccinated or undergo weekly testing.

Constitutional law expert Joshua Kastenberg shares that this decision is not quite as bleak as one might think. He even has some advice for POTUS.

A Review Of Environmental Vulnerabilities Related To Nepal’S Graduation Process From Least Developed To A Developing Country Status, Ambika P. Adhikari, Keshav Bhattarai, Basu Sharma

Himalayan Research Papers Archive

Nepal has long aspired to graduate from the Least Development Country (LDC) to Developing Country category as defined by the United Nations system. Nepal had met two of the three graduating criteria and could have technically graduated from the LDC status in 2015. However, based on the Nepal government’s request to defer the review, the new 2021 assessment by the United Nations Committee for Development Policy (CDP) recommended that the country should graduate from the LDC status by 2026. The graduation requires not only meeting pre-defined development-related thresholds, but also maintaining sustained improvements in at least two consecutive assessments in …

Issue No. 117: Fall 2022

La Crónica de Nuevo México

TABLE OF CONTENTS

2 A Letter From the President

3 Bosque Redondo Memorial by Heidi Toth

11 Naal Tsoos Saní by Makayla Martinez

16 The Albuquerque Eight by Herbert D. Teel Jr. and Deborah C. Slaney

23 The Edgar Sisters of Missouri and Santa Fe by Doyle Daves

27 National History Day: Developing Young Historians by Heather McClenahan

31 Nina Otero-Warren honored by Judy and Dennis Reinhartz

33 2022 book and service award winners

34 HSNM remembers Dave Townsend, Marilyn Pope, Fred Nolan

35 New Books

36 Call for presentations

Waste And The Governance Of Private And Public Property, Joseph A. Schremmer, Tara K. Righetti

Faculty Scholarship

Common law waste doctrine is often overlooked as antiquated and irrelevant. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just a historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of property law generally, both common law and statutory, as well as the law governing oil and gas, water, and public trust resources. Seen for what it is, waste doctrine provides a fresh perspective on property, natural resources, and environmental law.

In this Article, we excavate …

No “Box To Be Checked”: Environmental Justice In Modern Legal Practice, Clifford J. Villa

Faculty Scholarship

For nearly thirty years, environmental justice has been part of our civic conversation and included in the mission of federal agencies. But while public attention to environmental justice has waxed and waned over time, environmental justice principles have endured and developed into rules of law. This development may be expected to continue and accelerate with recent events such as the nationwide outcry after the police killing of George Floyd in 2020, the disparate impacts of COVID-19 on people of color, and the express priorities of the Biden administration. This paper seeks to help legal practitioners and other interested parties comprehend …

Adapting To A 4°C World, Clifford Villa

Faculty Scholarship

The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it. In this latest in a biannual series of essays, they and other members of the Environmental Law Collaborative explore what 4°C might mean for a variety of current legal doctrines, planning policies, governance structures, and institutions.

A Unifying Doctrine Of Subsurface Property Rights, Joseph A. Schremmer

Faculty Scholarship

This Article advances the “fair opportunity doctrine,” a theory of subsurface property rights that systematizes the case law in this confused area using formal legal reasoning. This theory offers a jurisprudential approach to analyzing private law that can then be applied to the field of subsurface property. This approach emphasizes the law’s role in providing ex ante guidance to members of a community in ordering their affairs and interactions with others and the importance of coherence in that function. On this basis, the “fair opportunity doctrine” improves substantially on the current state of subsurface property law and demonstrates the potential …

Of Reservation Boundary Lines And Judicial Battle Lines, Part 1 - Reservation Diminishment/Disestablishment Cases From 1962 To 1975: The Indian Law Justice Files, Episode 1, John P. Lavelle

Faculty Scholarship

This Article is the first of a two-part investigation into the Indian law doctrine of reservation diminishment/disestablishment, examining Supreme Court decisions in this area in light of insights gathered from the collected papers of individual Justices archived at the Library of Congress and various university libraries. The Article first addresses Seymour v. Superintendent (1962) and Mattz v. Arnett (1973), observing that these first two diminishment/disestablishment cases are modern applications of basic, longstanding principles of Indian law which are highly protective of Indigenous people’s rights and tribal sovereignty. The Article then examines in detail DeCoteau v. District County Court, the anomalous …

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

Faculty Scholarship

Abstract

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement’s presence squarely in the racist history of policing and school policing, the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools …

Bad Men Among The Whites Claims In The Mni Wiconi Age, Julie Combs, Cherokee Nation

Tribal Law Journal

In a series of nine treaties with Native Nations in the late 1860s, the United States promised to reimburse Indigenous people for wrongs committed by “bad men among the whites, or among other people subject to the authority of the United States.” In the century and half that followed the signing of these nine treaties, “bad men among the whites” claims have been litigated in the Federal Circuit with some success by Indigenous plaintiffs, and courts have shaped the meaning of the clause and the remedies a successful plaintiff may receive. This comment explores the Bad Men clause in the …

Cancer Vaccines From Cryogenically Silicified Tumour Cells Functionalized With Pathogen-Associated Molecular Patterns, Jimin Guo, Henning De May, Stefan Franco, Achraf Noureddine, Lien Tang, C J. Brinker, Donna F. Kusewitt, Sarah F. Adams, Rita E. Serda

Pathology Research and Scholarship

The production of personalized cancer vaccines made from autologous tumour cells could benefit from mechanisms that enhance immunogenicity. Here we show that cancer vaccines can be made via the cryogenic silicification of tumour cells, which preserves tumour antigens within nanoscopic layers of silica, followed by the decoration of the silicified surface with pathogen-associated molecular patterns. These pathogen-mimicking cells activate dendritic cells and enhance the internalization, processing and presentation of tumour antigens to T cells. In syngeneic mice with high-grade ovarian cancer, a cell-line-based silicified cancer vaccine supported the polarization of CD4⁺ T cells towards the T-helper-1 phenotype in the …

A Short History Of Fuzzy, Intuitionistic Fuzzy, Neutrosophic And Plithogenic Sets, A. Rezaei, T. Oner, T. Katikan, Florentin Smarandache, N. Gandotra

Branch Mathematics and Statistics Faculty and Staff Publications

Recently, research on uncertainty modeling is progressing rapidly and many essential and breakthrough studies have already been done. There are various ways such as fuzzy, intuitionistic and neutrosophic sets to handle these uncertainties.

Although these concepts can handle incomplete information in various real-world issues, they cannot address all types of uncertainty such as indeterminate and inconsistent information. Also, plithogenic sets as a generalization of crisp, fuzzy, intuitionistic fuzzy, and neutrosophic sets, which is a set whose elements are characterized by many attributes’ values. In this paper, our aim is to demonstrate and review the history of fuzzy, intuitionistic and neutrosophic …

State Ballot Initiatives And Federal Preemption: How Colorado Voters Have Changed Cooperative Federalism In Wildlife Management, Lucas O'Brien

Natural Resources Journal

In United States wildlife management, there is a notion that the federal government manages land while states manage wildlife. While it is true that states have historically held authority over wildlife, federal agencies often also have the authority, and often an obligation, to manage and conserve wildlife. This overlapping jurisdiction has led to the frequent preemption of state wildlife laws and management tactics by federal statutes or objectives, eroding state authority in this area over the past century. In the 2020 election, Colorado voters passed Proposition 114, a state ballot initiative that requires Colorado Parks and Wildlife to reintroduce wolves …

Borders And Water Conflicts: Mitigating Conflicts With Love And Cooperation, Peter J. Longo, Anthony B. Schutz, James M. Scott

Natural Resources Journal

Borders are political constructs, not constructs derived from laws of nature. Borders carry more potential for conflict than any other matter in political relations. In international relations, wars have been fought over borders and territory. But, territory does not necessarily entail a dispute about the geographic location of a border. Trans-boundary natural resources disputes emerge because the laws of nature do not bend to this peculiar human construct. As much can be seen in international and intra-state water conflicts, where political boundaries provide individuals with a tribal identity that eclipses the power of natural resources to tie people together in …

Spmdtu Anha 2022 Conference Slide Show 2, José Rivera

14. Antonio Esquibel Collection – Concilio Superior Second Restoration Project 2018-2023

No abstract provided.

Spmdtu Convention Minutes 2022, José Rivera

03. Selected Minutes and Reports

No abstract provided.

The Holder And The Holdings: Identity Dynamics And Tobacco Consumption In Juan Rodríguez Juárez’S Dama Con Rebozo (Ca. 1720), María Carrillo Marquina

Hemisphere: Visual Cultures of the Americas

No abstract provided.

Hegemonic Instability? India’S Himalayan Hegemony In Theoretical And Historical Perspective, Philip Hultquist Ph.D., Prakash Adhikari Ph.D.

Himalayan Research Papers Archive

Is India the regional hegemon of South Asia? If so, what kind of hegemon is it? India has long been considered the regional hegemon of South Asia, primarily based on relative power considerations alone. We critique this material basis for hegemony. Hegemons must act to establish their hegemony, and smaller states must acquiesce to some degree to establish the relationship. We follow the literature to identify three strands of behavioral definitions of regional hegemony—leadership, domination, and sphere of influence—each drawing on different theoretical foundations, liberalism, realism, and imperialism, respectively. India has demonstrated characteristics of each, depending on the period and …

Staging The Modern Woman: Antonieta Rivas Mercado, María Izquierdo, And Performance’S Double Life In The Contemporáneos Orbit, Joseph Shaikewitz

Hemisphere: Visual Cultures of the Americas

No abstract provided.

“Who Is Eating Whom?”: Wet Nursing And White Cannibalism In Brazil, Grace Sparapani

Hemisphere: Visual Cultures of the Americas

No abstract provided.

From Logic To Realism To Brighter Future For Humanity, Victor Christianto, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

This collection of published papers at International Journal of Neutrosophic Science actually began with just a simple request by Dr. Broumi Said, the editor of IJNS, to us, to submit an article for his new journal. Then we submitted a series of new articles discussing various applications of Neutrosophic Logic, a new kind of logic as developed by one of us (FS). We explore a wide range of subject, from Godel’s incompleteness theorem, to possible technocalypse and neutro-futurology, and also additional sections. Hopefully you will find these articles interesting for better understanding of nature.

Introduction To The Special Issue On Advances In Neutrosophic And Plithogenic Sets For Engineering And Sciences: Theory, Models, And Applications, S. A. Edalatpanah, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

Recently, research on uncertainty modeling has been progressing rapidly, and many essential and breakthrough studies have already been done. There are various ways to handle these uncertainties, such as fuzzy and intuitionistic fuzzy sets. Although these concepts can take incomplete information in various real-world issues, they cannot address all types of uncertainty, such as indeterminate and inconsistent information. The neutrosophic theory founded by Florentin Smarandache in 1998 constitutes a further generalization of fuzzy set, intuitionistic fuzzy set, picture fuzzy set, Pythagorean fuzzy set, spherical fuzzy set, etc. Since then, this logic has been applied in various science and engineering domains. …

Women, Nature, And Culture: Critical Ecofeminist Theory In Listening Woman, Michael A. Chavez

2023 Award Winners

No abstract provided.

Too Male To Fail: How Gender Disparity Manifests Within Owensboro's K-12 Education System Under The Status Quo, Kori Szabo-Smith

2023 Award Winners

No abstract provided.

Cezanne's Colors, Lines, And Perspectives Of Mont Saint Victoire, Daniel L. Feng

2023 Award Winners

No abstract provided.