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Menetekel: Ishmael's Black Whale And The Semiotics Of Doom, Todd Tyner Cronkhite Apr 2023

Menetekel: Ishmael's Black Whale And The Semiotics Of Doom, Todd Tyner Cronkhite

English Language and Literature ETDs

This study employs the narrator of Moby Dick, Ishmael, as a focal critic to interpret several potential examples of ominous writing on the wall, or menetekel. It concludes that the message of such writing, owing primarily to its irrevocably deictic relationship with the surface it is written on, is fundamentally apocalyptic in nature, regardless of its explicit content. The physical walls of the “kingdom” are incorporated into the grammar of the menetekel as object, so that its elemental message, “I was here,” becomes not only an admission of criminal trespass, but also a direct threat to the current order and …


A Phenomenological Study Of The Lived Experiences Of New Mexico Charter Leaders Through The Covid-19 Pandemic, Nadine T. Torres Apr 2023

A Phenomenological Study Of The Lived Experiences Of New Mexico Charter Leaders Through The Covid-19 Pandemic, Nadine T. Torres

Teacher Education, Educational Leadership & Policy ETDs

The pandemic caused by the COVID-19 virus has impacted the educational landscape in unbelievable ways. The changes to the learning environment in schools required leaders to obtain and exercise different competencies. New Mexico charter leaders are leading in the new normal of public education. With the additional roles, requirements, and expectations brought on by the pandemic, leaders cannot return to their prior leadership practices. The purpose of this qualitative hermeneutic phenomenological study was to understand and give voice to the lived experiences of NM charter leaders working through the COVID-19 pandemic. The narrative of the participants highlighted four major themes: …


Data-Driven Stochastic Optimal Control Using Hilbert Space Embeddings Of Distributions, Adam J. Thorpe Apr 2023

Data-Driven Stochastic Optimal Control Using Hilbert Space Embeddings Of Distributions, Adam J. Thorpe

Electrical and Computer Engineering ETDs

Autonomous systems are increasingly being deployed in complex environments subject to real-world uncertainty. For such systems, it may be exceptionally difficult or even impossible to compute a simple mathematical model of the system--for instance due to the presence of human elements, complex mechanics or system dynamics, or learning-enabled components. Data-driven control has recently gained significant attention in this area, where observations taken from the system evolution are used to compute an implicit representation of the system that is amenable to analysis and control. However, data-driven algorithms for control present new challenges, and require new insights to enable their use. The …


Improved Experimental Validation Of An Electromagnetic Subcell Model For Narrow Slots With Depth, Michael Anthony Illescas Apr 2023

Improved Experimental Validation Of An Electromagnetic Subcell Model For Narrow Slots With Depth, Michael Anthony Illescas

Electrical and Computer Engineering ETDs

The coupling of electromagnetic (EM) energy into a system can disrupt operation of essential electronics present within it. Metal enclosures are used to shield these systems from potentially harmful electromagnetic interference (EMI). Seams and gaps in such metal enclosures are minimized but unavoidable for reasons such as maintenance and repair. These seams and gaps create an entry point for EM energy to couple into the system. Entry points are often modeled by EM analysts as narrow slots defined by their length, width, and depth. The depth of these slots can become significant compared to the wavelength, introducing resonances associated with …


The Effects Of Unsupervised Bodyweight Interval Training In Adults With Obesity, Gabriella Bellissimo, Fabiano Amorim, Christine Mermier, Ann Gibson, Len Kravitz, Jonathan Little, Flávio De Castro Magalhães, Zachary A. Mang, Quint Berkemeier, Alyssa Bailly, Jonathan Specht, Jessica Smith, Matthew J. Stork, Shandy Simpson, Natalie Robson, Jeremy Ducharme, Kelsey C. Bourbeau, Yu Yu Hsiao Apr 2023

The Effects Of Unsupervised Bodyweight Interval Training In Adults With Obesity, Gabriella Bellissimo, Fabiano Amorim, Christine Mermier, Ann Gibson, Len Kravitz, Jonathan Little, Flávio De Castro Magalhães, Zachary A. Mang, Quint Berkemeier, Alyssa Bailly, Jonathan Specht, Jessica Smith, Matthew J. Stork, Shandy Simpson, Natalie Robson, Jeremy Ducharme, Kelsey C. Bourbeau, Yu Yu Hsiao

Health, Exercise, and Sports Sciences ETDs

Objective: Bodyweight interval training (BW-IT) using a social media platform may appeal to those who do not wish to exercise in public or do not have access to specialized exercise equipment. We investigated the ability of a 6-week BW-IT program to improve cardiovascular and metabolic markers. Methods: Fourteen adults (30.7 ± 10.3 yrs.) with obesity (body mass index 35.5 ± 5.4 kg/m2) participated. Bi-weekly program progression was applied by increasing the duration of the work intervals to 60s with 60s active recovery. Peak oxygen consumption (V̇O2peak), isometric muscular strength, body composition, blood pressure (BP), and metabolic …


The Rise Of Agenda Diversity In America: Its Cause And Consequences, John K. Wagner Apr 2023

The Rise Of Agenda Diversity In America: Its Cause And Consequences, John K. Wagner

Political Science ETDs

More than ever, Americans disagree on what issues are important. This diversity in the public agenda has received scant attention in recent years. Consequently, our understanding of why agenda diversity developed relies on a single analysis method, and we know next to nothing about the consequences for the American polity. Using a novel approach to measuring agenda diversity and an advanced experimental design, this dissertation demonstrates the causal connection between issue-based selective exposure to news and higher agenda diversity. Concerning its consequences, this work investigates congressional responsiveness. Results from a complex analysis of constituency public opinion, Congress bill sponsorship, and …


The Midas Touch: Atuahene's "Stategraft" And Unregulated Artificial Intelligence, Sonia Gipson Rankin Apr 2023

The Midas Touch: Atuahene's "Stategraft" And Unregulated Artificial Intelligence, Sonia Gipson Rankin

Faculty Scholarship

Professor Bernadette Atuahene’s article, A Theory of Stategraft, develops the new theoretical conception of “stategraft.” Professor Atuahene notes that when state agents have engaged in practices of transferring property from persons to the state in violation of the state’s own laws or basic human rights, it sits at the nexus of illegal behavior and revenue-generating activity for the government. Although there are countless instances of “stategraft,” one particularly salient example is when the state uses artificial intelligence to illegally extract resources from people. This Essay will apply stategraft to an algorithm implemented in Michigan that falsely accused recipients of unemployment …


Surviving Castro-Huerta: The Historical Perseverance Of The Basic Policy Of Worcester V. Georgia Protecting Tribal Autonomy, Notwithstanding One Supreme Court Opinion's Errant Narrative To The Contrary, John P. Lavelle Apr 2023

Surviving Castro-Huerta: The Historical Perseverance Of The Basic Policy Of Worcester V. Georgia Protecting Tribal Autonomy, Notwithstanding One Supreme Court Opinion's Errant Narrative To The Contrary, John P. Lavelle

Faculty Scholarship

Oklahoma v. Castro‑Huerta is an unprecedented attack on the autonomy of Native American nations in the United States. The Supreme Court held that Oklahoma had jurisdiction over a crime committed by a non‑Indian perpetrator against an Indian victim within the Cherokee Reservation’s boundaries. The decision posits that states presumptively have jurisdiction, concurrent with the federal government, over crimes by non‑Indians against Indians in Indian country. But this proposition is at war with a bedrock principle of Indian law, namely, that reservations are essentially “free from state jurisdiction and control,” a policy that “is deeply rooted in the Nation’s history.” That …


Civil Procedure Update 2023, Julio C. Romero, Verónica C. Gonzales Apr 2023

Civil Procedure Update 2023, Julio C. Romero, Verónica C. Gonzales

Faculty Scholarship

This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.


2023 Cswr/Crs/Laii Graduate Fellows Colloquium, Joshua Heckman-Archibeque, Neider Andrey Devia Merchan, Gisselle Lydia Salgado, Hakim Bellamy Apr 2023

2023 Cswr/Crs/Laii Graduate Fellows Colloquium, Joshua Heckman-Archibeque, Neider Andrey Devia Merchan, Gisselle Lydia Salgado, Hakim Bellamy

CSWR Public Programs

Graduate fellows from the Center for Southwest Research, funded by the Center for Regional Studies and the Latin American and Iberian Institute, gave public presentations on April 4, 5, and 6, 2023 on the work that they did for the academic year.

April 4, 2023

  • Hakim Bellamy - A People's History: The Dr. Harold Bailey Collection

April 5, 2023

  • Gisselle Lydia Salgado - Modernity within the Plutarco Elias Calles Archive

April 6, 2023

  • Joshua Heckman-Archibeque - Land Struggles: FBI Surveillance of Alianza
  • Neider Andrey Devia Merchan - Indigenous Affairs in the Archivo Plutarco Elias Calles 1919-1936 (FAPECFT)


Oropharyngeal Therapy With Breastmilk In Premature Neonates And Its Implications For Neonatal Outcomes, Asma Qamruddin Apr 2023

Oropharyngeal Therapy With Breastmilk In Premature Neonates And Its Implications For Neonatal Outcomes, Asma Qamruddin

Quality Improvement/Patient Safety Symposium

Title: Oropharyngeal Therapy with Breastmilk in Premature Neonates and its Implications for Neonatal Outcomes

Authors: Asma Qamruddin MD, and Kevin P Vlahovich MD MS

Background: Breastmilk contains protective immune factors which are antimicrobial, immunomodulatory, and pro-maturational. Early oropharyngeal therapy (OPT) with breastmilk helps to stimulate a neonate’s innate immune system which could potentially decrease the risk of infection and feeding intolerance in premature infants. We examined and compared the neonatal outcomes with or without OPT.

Intervention Description: This was a quasi-experimental study conducted at Advocate Children's Hospital Illinois. Infants born(n =56 infants) and those from June 2020 to November 2020 …


Performance Of The Mineral Recovery Enhanced Desalination Pilot Water Treatment Plant, Samantha Valentine Apr 2023

Performance Of The Mineral Recovery Enhanced Desalination Pilot Water Treatment Plant, Samantha Valentine

Water Resources Professional Project Reports

There is a growing interest in treating brackish groundwater to supplement freshwater resources for inland communities in arid climates. Water recovery by desalination of brackish groundwater is challenging due to mineral scaling from ions which form carbonate and sulfate minerals, dissolved silica which forms silicates, iron, manganese, and other constituents along with the difficulties and cost of disposing of large volumes of brine from the desalination process. The MRED process consists of a pretreatment process to increase water recovery and decrease waste production from brackish groundwater. The MRED process uses a unique sequence of unit processes consisting of: (1) Air …


Genomic Disorders In Ckd Across The Lifespan, Miguel Verbitsky, Sarathbabu Krishnamurthy, Priya Krithivasan, Daniel Hughes, Atlas Khan, Maddalena Marasà, Natalie Vena, Pavan Khosla, Junying Zhang, Tze Y. Lim, Joseph T. Glessner, Chunhua Weng, Ning Shang, Yufeng Shen, George Hripcsak, Hakon Hakonarson, Iuliana Ionita-Laza, Brynn Levy, Eimear E. Kenny, Ruth J F Loos, Krzysztof Kiryluk, Simone Sanna-Cherchi, David R. Crosslin, Susan Furth, Bradley A. Warady, Robert P. Igo, Sudha K. Iyengar, Craig S. Wong, Afshin Parsa, Harold I. Feldman, Ali G. Gharavi Apr 2023

Genomic Disorders In Ckd Across The Lifespan, Miguel Verbitsky, Sarathbabu Krishnamurthy, Priya Krithivasan, Daniel Hughes, Atlas Khan, Maddalena Marasà, Natalie Vena, Pavan Khosla, Junying Zhang, Tze Y. Lim, Joseph T. Glessner, Chunhua Weng, Ning Shang, Yufeng Shen, George Hripcsak, Hakon Hakonarson, Iuliana Ionita-Laza, Brynn Levy, Eimear E. Kenny, Ruth J F Loos, Krzysztof Kiryluk, Simone Sanna-Cherchi, David R. Crosslin, Susan Furth, Bradley A. Warady, Robert P. Igo, Sudha K. Iyengar, Craig S. Wong, Afshin Parsa, Harold I. Feldman, Ali G. Gharavi

Pediatrics Research and Scholarship

SIGNIFICANCE STATEMENT: Pathogenic structural genetic variants, also known as genomic disorders, have been associated with pediatric CKD. This study extends those results across the lifespan, with genomic disorders enriched in both pediatric and adult patients compared with controls. In the Chronic Renal Insufficiency Cohort study, genomic disorders were also associated with lower serum Mg, lower educational performance, and a higher risk of death. A phenome-wide association study confirmed the link between kidney disease and genomic disorders in an unbiased way. Systematic detection of genomic disorders can provide a molecular diagnosis and refine prediction of risk and prognosis.

BACKGROUND: Genomic disorders …


Toward The Yeast Surface Display Of Microviridin B, Jillian Leigh Stafford Apr 2023

Toward The Yeast Surface Display Of Microviridin B, Jillian Leigh Stafford

Chemistry and Chemical Biology ETDs

Humans have turned to natural products for medicinal therapeutics for millennia. In recent years, the ribosomally synthesized and post-translationally modified peptide (RiPP) class of natural products have garnered a lot of attention due to their ability for heterologous expression, relative ease of mutation, and vast biological activates. Microviridins are a family of RiPPs that contain a tricyclic cage-like structure through the formation of two lactone rings and one lactam ring catalyzed by two ATP-grasp ligase family enzymes. Microviridins are potent inhibitors of serine proteases and mutational studies of a small number of residues indicates the potential of peptide engineering protease …


Brief Of Amici Curiae Law Professors & Indian Law Experts In Support Of Petition For A Writ Of Certiorari, Smith V. United States, Barbara L. Creel, Marc-Tizoc Gonzaléz, Verónica C. Gonzales Mar 2023

Brief Of Amici Curiae Law Professors & Indian Law Experts In Support Of Petition For A Writ Of Certiorari, Smith V. United States, Barbara L. Creel, Marc-Tizoc Gonzaléz, Verónica C. Gonzales

Faculty Scholarship

The decision reached by the United States Court of Appeals for the Ninth Circuit, permitting the application of state criminal law to punish a tribal member whose alleged criminal conduct occurred on an Indian reservation and caused no harm to another person—solely based on the Assimilative Crimes Act (ACA), 18 U.S.C. § 13 is contrary to numerous treaties, acts of Congress, and foundational principles
/="/">of tribal sovereignty as construed and upheld by this Court’s federal Indian law jurisprudence. Allowing the Ninth Circuit decision to stand renders express
/="/">congressional authorizations and limitations on federal and state criminal jurisdiction over …


Additive Manufacturing Of Engineered Cementitious Composites With Ultra-High Tensile Ductility, Amir Bakhshi Mar 2023

Additive Manufacturing Of Engineered Cementitious Composites With Ultra-High Tensile Ductility, Amir Bakhshi

Civil Engineering ETDs

One of the critical factors in the development of additive manufacturing in the construction industry is designing suitable materials for 3D printing applications. 3D concrete printing (3DCP) has gained significant attention due to the abundance and availability of concrete. However, concrete is a brittle material and, without proper reinforcement, cannot meet the requirements for structural purposes. Engineered Cementitious Composites (ECC), known for high ductility, and strain-hardening with low fiber contents, can potentially eliminate the need for steel reinforcement in 3D printing without any need for manual placement of reinforcement. A set of systematic tests on ECC mix designs' fresh and …


It's Harder Than It Looks: How Students Identify Original Research Articles In An Undergraduate Biology Course, Alyssa Russo, Amy Jankowski Mar 2023

It's Harder Than It Looks: How Students Identify Original Research Articles In An Undergraduate Biology Course, Alyssa Russo, Amy Jankowski

University Libraries & Learning Sciences Faculty and Staff Publications

Biology students must develop a foundational understanding about the role information plays in the scientific research process. Key to this is understanding that original research articles are the primary method of communicating findings from original scientific research. We analyzed data from an information literacy tutorial and worksheet integrated in a core undergraduate biology course to investigate how students identify original research articles. Our results suggest that students conceptually comprehend original research, but they need practice at identifying original research articles in real time and benefit from librarian feedback when they are actively searching for and selecting articles.


Brief Of Amici Curiae The Navajo Nation Et Al. In Support Of Petitioners, Paul Spruhan Mar 2023

Brief Of Amici Curiae The Navajo Nation Et Al. In Support Of Petitioners, Paul Spruhan

Faculty Scholarship

The lower court’s decision abrogates the sovereign immunity of tribal nations, including their businesses and related entities, in more than 50 separate sections of the United States Bankruptcy Code. The lower court does this in contravention of both the principles of statutory construction and the precedent of this Court.

Tribal nations are engaged in extensive governmental and regulatory activities. In this role, they interact regularly with individuals and businesses that may become debtors under the United States Bankruptcy Code. Preserving the sovereign immunity of tribal nations in these instances is essential to preserving their rights to self-determination and self-governance.

Tribal …


Saved Babies, Dead Doctors: Settler Colonial Anxiety And Strategic Rhetorics Of/In The Anti-Abortion Cultural Narrative, Cassidy Ellis Feb 2023

Saved Babies, Dead Doctors: Settler Colonial Anxiety And Strategic Rhetorics Of/In The Anti-Abortion Cultural Narrative, Cassidy Ellis

Communication ETDs

In this dissertation I identify and analyze the rhetoric that creates the anti-abortion cultural narrative and locate its toxic secrets by exposing the logics and ideologies the secrets obscure and sustain, and finally, ascertaining the strategic rhetorics that enable the narrative’s power and centrality. There are two primary arguments proposed in this dissertation. First, I argue that settler colonialism is the primary toxic secret nestled just beneath the surface of the anti-abortion cultural narrative. It is the secret that animates and sustains the narrative in service of maintaining settler colonial social order via control and maintenance of the population. Second, …


Chamisa Volume 2 Full Pdf Feb 2023

Chamisa Volume 2 Full Pdf

Chamisa: A Journal of Literary, Performance, and Visual Arts of New Mexico and the Greater Southwest

No abstract provided.


Nurses' Knowledge, Communication Needs, And Future Directions In Neonatal Research: Results Of An International Survey, Sandra Sundquist Beauman, Wakako M. Eklund, Mary A. Short, Carole Kenner, International Neonatal Consortium (Inc) Communications Workgroup Feb 2023

Nurses' Knowledge, Communication Needs, And Future Directions In Neonatal Research: Results Of An International Survey, Sandra Sundquist Beauman, Wakako M. Eklund, Mary A. Short, Carole Kenner, International Neonatal Consortium (Inc) Communications Workgroup

Pediatrics Research and Scholarship

BACKGROUND: Preterm birth is a significant contributor to neonatal morbidity and mortality. Despite legislative efforts to increase pediatric drug development, neonatal clinical trials continue to be infrequent. The International Neonatal Consortium (INC) includes nurses as key stakeholders in their mission to accelerate safe and effective therapies for neonates.

PURPOSE: INC developed a survey for nurses, physicians, and parents to explore communication practices and stakeholders' perceptions and knowledge regarding clinical trials in neonatal intensive care units (NICUs).

METHODS: A stepwise consensus approach was used to solicit responses to an online survey. The convenience sample was drawn from INC organizations representing the …


Front Matter, New Mexico Law Review Feb 2023

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.


Humanized Patient-Derived Xenograft Models Of Disseminated Ovarian Cancer Recapitulate Key Aspects Of The Tumor Immune Environment Within The Peritoneal Cavity, Mara P. Steinkamp, Irina Lagutina, Kathryn J. Brayer, Fred Schultz, Danielle Burke, Vernon S. Pankratz, Sarah F. Adams, Laurie G. Hudson, Scott A. Ness, Angela Wandinger-Ness Feb 2023

Humanized Patient-Derived Xenograft Models Of Disseminated Ovarian Cancer Recapitulate Key Aspects Of The Tumor Immune Environment Within The Peritoneal Cavity, Mara P. Steinkamp, Irina Lagutina, Kathryn J. Brayer, Fred Schultz, Danielle Burke, Vernon S. Pankratz, Sarah F. Adams, Laurie G. Hudson, Scott A. Ness, Angela Wandinger-Ness

Pathology Research and Scholarship

UNLABELLED: The importance of the immune microenvironment in ovarian cancer progression, metastasis, and response to therapies has become increasingly clear, especially with the new emphasis on immunotherapies. To leverage the power of patient-derived xenograft (PDX) models within a humanized immune microenvironment, three ovarian cancer PDXs were grown in humanized NBSGW (huNBSGW) mice engrafted with human CD34

SIGNIFICANCE: huPDX models are ideal preclinical models for testing novel therapies. They reflect the genetic heterogeneity of the patient population, enhance human myeloid differentiation, and recruit immune cells to the tumor microenvironment.


Humanized Patient-Derived Xenograft Models Of Disseminated Ovarian Cancer Recapitulate Key Aspects Of The Tumor Immune Environment Within The Peritoneal Cavity, Mara P. Steinkamp, Irina Lagutina, Kathryn J. Brayer, Fred Schultz, Danielle Burke, Vernon S. Pankratz, Sarah F. Adams, Laurie G. Hudson, Scott A. Ness, Angela Wandinger-Ness Feb 2023

Humanized Patient-Derived Xenograft Models Of Disseminated Ovarian Cancer Recapitulate Key Aspects Of The Tumor Immune Environment Within The Peritoneal Cavity, Mara P. Steinkamp, Irina Lagutina, Kathryn J. Brayer, Fred Schultz, Danielle Burke, Vernon S. Pankratz, Sarah F. Adams, Laurie G. Hudson, Scott A. Ness, Angela Wandinger-Ness

Pathology Research and Scholarship

UNLABELLED: The importance of the immune microenvironment in ovarian cancer progression, metastasis, and response to therapies has become increasingly clear, especially with the new emphasis on immunotherapies. To leverage the power of patient-derived xenograft (PDX) models within a humanized immune microenvironment, three ovarian cancer PDXs were grown in humanized NBSGW (huNBSGW) mice engrafted with human CD34

SIGNIFICANCE: huPDX models are ideal preclinical models for testing novel therapies. They reflect the genetic heterogeneity of the patient population, enhance human myeloid differentiation, and recruit immune cells to the tumor microenvironment.


Independent Analysis And Interpretation Of The New Mexico Constitution: If Not Now, When?, The Honorable Linda M. Vanzi, Mark T. Baker Feb 2023

Independent Analysis And Interpretation Of The New Mexico Constitution: If Not Now, When?, The Honorable Linda M. Vanzi, Mark T. Baker

New Mexico Law Review

This article posits that the mode of analysis of state constitutional issues adopted by the New Mexico Supreme Court in State v. Gomez, as it has been applied in the civil context, has neither “promote[d] the development of a sound body of state constitutional jurisprudence” nor led to “consistent, predictable, and reasonable state court decision-making,” as some envisioned in 1998. Instead, it has often led to essentially automatic deference to federal precedent interpreting comparable provisions of the Federal Constitution and very limited, if any, consideration of protections afforded under our state constitution. In addition, the inconsistent application of the Gomez …


The Serial Effect, Kat Albrecht, Kaitlyn Filip Feb 2023

The Serial Effect, Kat Albrecht, Kaitlyn Filip

New Mexico Law Review

The “CSI Effect” theorizes that criminal juries can be unduly influenced by fictional crime dramas such that they demand a higher standard of forensic evidence than is available, or even possible to provide, in most criminal cases. The CSI Effect has a strong presence in the courtroom despite its narrow focus on forensic evidence and basis in fiction. This article explores a new media-induced effect that may prove to affect American juries even more insidiously: The Serial Effect. This article explores the rise of true crime podcasts and the legal cases featured within them through focus on Syed v. Maryland …


State V. Gutierrez Abolishing The Spousal Communications Privilege: An Opinion Raising Profound Questions About The Future Of Evidentiary Privileges In The United States, Edward J. Imwinkelried Feb 2023

State V. Gutierrez Abolishing The Spousal Communications Privilege: An Opinion Raising Profound Questions About The Future Of Evidentiary Privileges In The United States, Edward J. Imwinkelried

New Mexico Law Review

Part I of this article is a detailed description of the original Gutierrez decision, the dissents as well as the majority opinion. Part II then critically evaluates the majority’s analysis of the application of the instrumental theory to the spousal communications privilege. Part II argues that the majority correctly concluded that the instrumental case for the spousal privilege is weak. The majority rigorously applied the instrumental criteria to the privilege and came to the honest, realistic conclusion that, in most cases, spouses would consult and confide even if there were no spousal privilege. However, Part II points out that the …


Policing The Unhoused, Ernesto Longa Feb 2023

Policing The Unhoused, Ernesto Longa

New Mexico Law Review

[A]n Albuquerque police officer ordered Joleen Nez, a 37- year-old, unhoused, American Indian woman, “to pick up her litter [from the street] and of the consequences if she did not.” Joleen refused, stating, “It’s not my trash.” The consequences were that Joleen was summoned to appear in court for littering, booked into the Bernalillo County Metropolitan Detention Center (“MDC”) when she failed to appear and declared an in-custody death the next day.These stories and others like them prompted a series of questions. Why are non-violent petty criminal offenders being murdered by police and dying in county jails? What does the …


New Mexico’S Public Trust Is Ineffective: However, There Is Hope And This Excites You., Cody Barnes Feb 2023

New Mexico’S Public Trust Is Ineffective: However, There Is Hope And This Excites You., Cody Barnes

New Mexico Law Review

Every state has a public trust doctrine that protects commonly owned natural resources. Under the doctrine, the state has a fiduciary duty to maintain the resources and ensure the public can use them. Generally, if the state breaches its fiduciary duty, the public can sue. Yet, New Mexico has trust issues. In Sanders-Reed v. Martinez, the New Mexico Court of Appeals expanded the resources within New Mexico’s public trust but made it inept in the same breath. The court extended the trust to encompass air, water, and all other natural resources. However, it then severely limited the state’s protection of …


Negligent Commercial Transactions: Does New Mexico Face A Slippery Slope After Morris?, Annika Cleveland Feb 2023

Negligent Commercial Transactions: Does New Mexico Face A Slippery Slope After Morris?, Annika Cleveland

New Mexico Law Review

In its July 2021 decision, Morris v. Giant Four Corners, the New Mexico Supreme Court held that the doctrine of negligent entrustment includes liability for someone who supplies gasoline to a person they knew or should have known was intoxicated. While the Morris court’s decision is novel in New Mexico, courts will likely interpret the inclusion narrowly, restricting the duty to circumstances where a commercial transaction enabled a DWI. By reviewing the decisions of other jurisdictions to include certain commercial transactions under negligent entrustment claims and the impact those decisions had on subsequent litigation, this article argues that Morris will …