Digital Commons Network^™

Rule 11 Sanctions For Bad Discovery Advocacies, Jeffrey A. Parness, Alexandria N. Short

New Mexico Law Review

For over eighty years, Rule 11 of the Federal Rules of Civil Procedure has authorized sanctions to combat frivolous legal arguments and factual allegations in some paper presentations. Since 1993, however, the rule has not applied to discovery. This article demonstrates how Rule 11 should be used to deter advocacy based on discovery that has “gone bad” since its initial disclosure. Disciplinary actions, malpractice claims, the discovery rules, and even the inherent sanctioning authority of the court are insufficient to deter lawyers from relying on now-bad discovery papers. Rule 11 would hold lawyers to a duty of reasonable inquiry before …

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Environmental Justice Is A Civil Rights Issue, Secretary Deb Haaland

New Mexico Law Review

No abstract provided.

Rethinking Rights In A Disappearing Penumbra: How To Expand Upon Reproductive Rights In Court After Dobbs, Joshua J. Schroeder

New Mexico Law Review

In 2022, Dobbs v. Jackson Women’s Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule Roe and Casey that might spread to other pro-rights case law was an ad hoc Janus v. AFSCME cost-benefit balancing test. Prior to Dobbs, the liberal wing of the U.S. Supreme Court believed that the Court could use cost-benefit balancing tests to safeguard certain judicially …

Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones

New Mexico Law Review

No abstract provided.

The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel

New Mexico Law Review

The unregulated collection, processing, and sale of consumer data has led to a plethora of social and legal issues. As regulators attempt to catch up with the “move fast and break things” ethos of tech innovation, “de-identified” or “anonymized” data has remained broadly unprotected. However, computer science literature shows us that “de-identified” data is a legal fiction. This Article examines the source of the de-identification fiction, analyzes the definitions in new state laws which attempt to close the loophole, tracks potential harms, and proposes a legislative solution which aims to ameliorate some of the legal fictions’ negative impacts. Part I …

A Return To Rationality: Restoring The Rule Of Law After Daubert's Disastrous U-Turn, Andrew Jurs, Scott Devito

New Mexico Law Review

Consistency and rationality are central to the legitimacy of the modern court system. Considerable recent attention has been focused on the Court’s overturning of established precedent on abortion in Dobbs v. Jackson Women’s Health Organization. Yet, as we empirically demonstrate, the courts, through the decisions of individual judges over thirty years, have reversed the meaning of the Daubert standard for admission of scientific evidence, thereby threatening the legitimacy of the very heart of the civil justice system. In the initial years after the Daubert decision, litigants saw its reliability standard as a stricter standard than the previously used Frye “general …

The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts

New Mexico Law Review

This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores the history of the 1926 Slavery Convention; the nature of coercive labor in colonized states in the inter-war period; the drafting processes and coverage of the 1930 Forced Labour Convention; the Convention’s accompanying recommendations; and subsequent developments in the legal definition of forced labor. …

Don't Swab Me!: Limitations Of The Genetic Information Privacy Act In The Modern Genetic Testing Landscape, Ibrahim Al-Gahmi

New Mexico Law Review

In an age where consumers can easily obtain genetic tests by simply sending a saliva or cheek swab sample through the mail and learn more than ever about their DNA and its genetic makeup, it is imperative that measures are established to provide consumers with both control and protection to the privacy of their submitted biological sample and analyzed genetic data. Currently, the landscape of genetic testing, and the resulting genetic information, is regulated by one law in New Mexico. The Genetic Information Privacy Act (NM-GIPA or Act), enacted in 1998, provides general prohibitions on the collection of genetic information …

The Water Under The Bridge Is Darkening—An Analysis Of Copyright Law And The Prevalence Of Copyright Trolls, Daniel Berenger-Russell

New Mexico Law Review

In this time of modern technology and booming social media, the growth in intellectual property protection is no surprise. It logically follows that with more robust intellectual property protection there exists a greater chance of infringement. The likelihood of innocently infringing on a person’s registered copyright is at an all-time high. Due to the increased likelihood of innocent infringement, “copyright trolls” have emerged and developed unethical business tactics to prey off “innocent infringement.” Just like fairytale trolls who hide under bridges hoping to pester bystanders, copyright trolls also seek to burden peoples’ days. Not only do copyright trolls prey off …

A Primary Purpose Problem: State V. Tsosie, Lana Elledge

New Mexico Law Review

In Crawford v. Washington, the United States Supreme Court held that if statements “were made under circumstances which would lead an objective witness reasonably to believe that the statements would be available for use at a later trial,” then a defendant has the right to confront and cross examine the witness. However, the Court’s subsequent retreat from this ruling and introduction of the primary purpose test in a later decision, created a flawed federal analysis, as seen in State v. Tsosie. In Tsosie, the New Mexico Supreme Court applied the primary purpose test to determine whether statements of the declarant, …

Comparison Of Vipassana Meditation With Other Mindfulness Traditions In The Response To Experimentally Induced Pain, Timothy Ian Vandiver

Psychology ETDs

This study compared various mindfulness meditators with a meditation-naïve control group on various measures of pain tolerance and response. My primary hypothesis was that meditators would show greater pain tolerance than non-meditators and that they would also show greater parasympathetic nervous system activation in response to experimentally induced pain. The results were mixed, with meditators showing no greater increase in pain tolerance post-baseline. Differences in nervous system function between the two groups were also difficult to interpret.

Another component of the study was to explore the phenomenological reports and to compare and contrast those of the meditators and non-meditators using …

The Phenomenology Of Abstract Awe: A Qualitative Study Of Lived Experiences In Psychedelic Virtual Reality, Jacob Spinks

Psychology ETDs

This thesis investigates individuals' experiences with SoundSelf, a virtual reality (VR) program inspired by psychedelic experience, focusing on its capacity to evoke awe and other self-transcendent experiences. Conducted with fifteen participants, the study involved a single VR session followed by in-depth phenomenological interviews. Through a thematic analysis, three primary themes were constructed: (a) emotions and feelings, the good and the bad; (b) non-reflective engagements, directly living experience; and (c) reflective engagements, exploring curiosity and wonder. The findings indicate that while SoundSelf can elicit a wide array of emotions and self-transcendent experiences, it does not consistently induce awe. This research contributes …

A New Moment For Indian Water Rights Settlements, Max Clayton

Natural Resources Journal

Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for Indian water rights settlements. Settlement remains a difficult process, but a new moment for Indian water rights settlement may have arrived. This paper explains how political conditions have changed and makes a novel legal argument to supply a strategy for tribal governments to advance their bargaining position in settlement discussions.

Missing Middle Housing: Accelerating America’S Transition From Single-Family Zoning, Lena Zeebuyth, Mallory Moore

Natural Resources Journal

As housing unaffordability and climate change impose increasingly greater costs on American cities and towns, there is a growing sense that single-family residential zoning ordinances are partly to blame for these challenges. Many Americans remain unwilling to address these difficulties by welcoming large apartment buildings into their neighborhoods. Fortunately, policies designed to promote “middle housing” development––visually attractive duplexes and townhome projects––tend to be more politically feasible than policies that drive apartment development. Further, such policies do much to improve the affordability and environmental sustainability of residential neighborhoods. This Article describes how promoting greater middle housing development in the United States …

Thinking About The Public Trust Doctrine In A Modern Context As Applied To Non-Fungible Tokens, Dustyn Sams

Natural Resources Journal

This paper discusses two popular concepts in the legal world, the public trust doctrine and non-fungible tokens (NFTs). For the first time, it explores whether litigants could successfully use the doctrine to protect valuable NFTs. The public trust doctrine is the legal principle that the government holds and manages land under navigable water and closely associated natural resources in trust of the people. NFTs, on the other hand, are unique collections of cryptographical data that represent ownership of a digital artwork. This paper reconsiders the question of what exactly the scope of the public trust doctrine is and how its …

Neutrosophic Automata And Reverse Neutrosophic Automata, Anil Kumar Ram, Anupam K. Singh, Bikky Kumar

Neutrosophic Sets and Systems

No abstract provided.

Extension For Neutrosophic Vague Subbisemirings Of Bisemirings, G. Manikandan, M. Palanikumar, P. Vijayalakshmi

Neutrosophic Sets and Systems

No abstract provided.

Measuring Culturally And Contextually Specific Distress Among Afghan, Iraqi, And Great Lakes African Refugees, Ryeora Choe, David T Lardier, Julia Meredith Hess, Meredith A Blackwell, Suha Amer, Martin Ndayisenga, Sara Deewa, Brian Isakson, Jessica R Goodkind

Pediatrics Research and Scholarship

Culturally and contextually valid measurement of psychological distress is critical, given the increasing numbers of forcibly displaced people and transnational migration. This study replicates an inductive process that elicited culturally specific expressions, understandings, and idioms of distress among Afghans to develop culturally specific measures of distress for Great Lakes Africans and Iraqis and expands this methodology to include a focus on the contexts of refugees resettled in the United States. To create the measures, we adapted Miller et al.'s (2006) model for the

Christ-Like Deaths In Nineteenth-Century Gothic Literature, Dimitri E. Kittrell

2025 Award Winners

No abstract provided.

Editing The Largest Online Encyclopedia One Article At A Time, Susan D. Perrone

2025 Award Winners

No abstract provided.

Emergency Food Access Relative To Household Incomes In Abq, Polly Elizabeth Bungum

2025 Award Winners

No abstract provided.

Issue No. 119: Fall 2024

La Crónica de Nuevo México

Table of contents

2 A Letter from the President

3 The Governor’s Well by Robert J. Tórrez

10 Donaciano Vigil by Maurilio E. Vigil and Helene Boudreau

14 Central Avenue Underpass by Roger M. Zimmerman

18 The Manuelito by John Lewis Taylor

23 HSNM Announces 2024 Book and Service Award Winners

25 HSNM Remembers

27 New Books

‘People With Disabilities,’ ‘Disabled People,’ Or ‘The Disabled’: A Corpus Analysis Of Disability Labeling Constructions, Eliza Forrest

Linguistics ETDs

The way language shapes perceptions about disability is a complex and long-debated topic within popular disability discourse. With the rise of “person-first” language in recent decades, this debate has shifted toward a grammatical, rather than lexical one, contrasting forms such as people with disabilities, disabled people, and the disabled. While these different construction types—prepositional, attributive, and nominalized, respectively—refer to the same entity, the purported connotations of each have been highly contested. Despite this, research on the topic has been limited and mixed, particularly for studies focusing on actual usage. By analyzing these constructions in the Corpus of …

Symposium On New Mexico's Just Transition, Melanie Coffing, Logan Stokes

Natural Resources Journal

A Just Transition aims to develop capacity for a low-carbon, climate-resilient economy while maximizing benefits and minimizing hardships for working communities. The ideation and implementation of such a sweeping, intersectional policy framework requires thoughtful conversation, collaborative action, and years of dedication from community members and policy makers alike. On November 3, 2023, the Natural Resources Journal, through the University of New Mexico School of Law, and the New Mexico Speaker of the House, Javier Martínez, hosted the Symposium on New Mexico’s Just Transition. Students from the law school and the Natural Resources Journal had the opportunity to collaborate with community …

The Predestined Path Of Nursing For Second-Generation Filipino Americans, Charles Aguirre

2025 Award Winners

No abstract provided.

For All, Para Todos Educator Guide, Latin American And Iberian Institute

K-12 Lesson Plans

No abstract provided.

Stitching Resistance: An Educator's Guide To Chilean Arpilleras, Latin American And Iberian Institute

K-12 Lesson Plans

No abstract provided.

Climate Change Will Make The Final Call In New Mexico's Groundwater Appropriation, Lauren Hewitt

Natural Resources Journal

No abstract provided.

El Pequeño Riego De México: Puebla, Morelos, Y Baja California Sur, José A. Rivera Ph.D.

Faculty Publications

Small to medium-sized irrigation systems in México are characterized in the literature as El Pequeño Riego. Some systems can be compared to those in northern New Mexico and southern Colorado, while others are significantly larger and more complex. Regardless of irrigated acres or hectáreas, however, there are many elements that are commonly shared across these regions. Firstly, the irrigation works are based on the use of acequias dug from the earth that need to be maintained and cleaned season to season. The terms canals and acequias are interchangeable. Secondly, the irrigators themselves, whether called parciantes or regantes, take …