I-Valued Neutrosophic Ahp:An Application To Assess Airline Service Quality After Covid-19 Pandemy, Kenan Tas, Aysegul Tas, Feride Bahar Isin

Neutrosophic Sets and Systems

No abstract provided.

Attribute Based Double Bounded Rough Neutrosophic Sets In Facial Expression Detection, Praba B, Pooja S S, Nethraa Sivakumar

Neutrosophic Sets and Systems

No abstract provided.

Intuitionistic Plithogenic Graph And It’S-Cut For Knowledge Processing Tasks, Prem Kumar Singh

Neutrosophic Sets and Systems

No abstract provided.

Poetics As Rhetoric In The Works Of Horace, Lauren W. Brown

Foreign Languages & Literatures ETDs

This project demonstrates how Horace uses rhetoric in his poetics in order to advocate for moderation. The first chapter focuses on the rhetorical strategies of the Satires, in which Horace uses a poetic persona with an ambiguous social status and that acts as a bad exemplum of the morals he advocates for. The chapter also explores Horace’s use of a motif where something that appears quantifiably larger is, in fact, either of equal or lesser worth, which also appeals to issues of class. The second chapter turns to Horace’s use of rhetoric in the Odes. In the Odes, Horace focuses …

Towards A More Formal Understanding Of Anyāpoha, David P. Kasza

Philosophy ETDs

The aim of this thesis is to investigate if Digṇāga’s commitment that non-observation (adarśanam) of the reason (adarśanam)and property to be proven (sādya) in the dissimilar example (vyatireka dṛṣṭānta) is alone sufficient to ground the exclusion of other referents (anyāpoha), as a valid inference for oneself (svārthānumāna) and proof for others (parārthānumāna). To answer this question, four formal accounts of Digṇāga’s view of the three characteristics (Trairūpya) of inference by Hayes, Katsura, Tillemans, and Oetke were consulted. I argue a formal logical account of …

Brief For The Navajo Nation, Ute Mountain Ute Tribe, Southern Ute Tribe, The Crow Nation, And Cheyenne River Sioux Tribe As Amici Curiae Supporting Respondent, Paul Spruhan

Faculty Scholarship

The Navajo Nation, the Ute Mountain Ute Tribe, the Southern Ute Tribe, the Crow Nation, and the Cheyenne River Sioux Tribe submit this amicus brief in support of Respondent Castro-Huerta.1 The signatory tribes do so to contest the State of Oklahoma’s argument that states have inherent criminal jurisdiction over crimes committed by non-Indians against Indians in Indian Country. Amici curiae are signatories to “Peace Commission” treaties with the United States that affirm tribal sovereignty over their territory to the exclusion of the states, with the federal government assuming the responsibility to arrest and prosecute non-Indian “bad men” who commit offenses …

Regulation Of Refining And Marketing (The "Downstream" Sector), Joseph A. Schremmer

Faculty Book Display Case

The table of contents, indices, and list of authorities is available for this treatise.

NEW: Chapter 29: Oil and Gas – Regulation of the oil and gas industry under federal, state, tribal, and local law, including intersections with the major environmental statutes

Sprinting A Marathon: Next Steps For Gender Equity In Criminal Law Employment, Maryam Ahranjani

Faculty Scholarship

In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention, and promotion of women criminal lawyers. Sprinting a Marathon follows up on the initial findings of the TF as published in the Berkeley Journal of Criminal Law and the ABA Criminal Justice magazine and on the ABA Criminal Justice Section website. This Article describes the results of a survey of diverse criminal lawyers and judges conducted at the end of 2020, as well …

Stated Culpability Requirements, Scott England

Faculty Scholarship

This Article comprehensively reviews the law of stated culpability requirements in Model Penal Code (MPC) jurisdictions. Part I provides an overview of section 2.02(4), explaining how the provision works and its role in the MPC’s culpability scheme. Part II then identifies section 2.02(4)’s main weaknesses, drawing on both the provision itself and the Code’s commentary. Next, Part III reviews the law in the twenty-five states with culpability provisions influenced by the MPC, identifying specific problems that section 2.02(4) has created in the case law. Finally, Part IV recommends new stated-culpability rules that improve section 2.02(4) and more rigorously enforce the …

If You Draw It, Students Learn It: An Approach To Teaching Contracts And Other Doctrinal Courses, Paul Figueroa

Faculty Scholarship

Spring 2019 was my first semester as a tenure-stream law professor. That semester I taught Legal Remedies and Contracts II—two subjects that overlap in their coverage of contract damages. I felt very comfortable teaching contracts, given my nearly twenty years of experience on contractual matters in both the private and public sectors. My first few classes went well, which validated my initial confidence. However, my optimism about the semester evaporated when I attempted to teach the parol evidence rule (“PER”).1 It was a Monday, and before starting my Contracts II class I asked the students, “How was the weekend?” followed …

“We Are So Much Alike, But Nobody Wants To Admit It”: Reactions To A Critical Bernalillo Nuevomexicano Language And Culture Curriculum, Joseph Moreno

Language, Literacy, and Sociocultural Studies ETDs

This study gauges how adult Bernalillo Nuevomexicanos reacted to a critical curriculum that addresses how race, class, power, and identity influence Nuevomexicano language use, and an understanding of history and culture, with emphasis on the Bernalillo Matachines Dance, Las Fiestas de San Lorenzo and associated customs. In addition, the study aims to discover what elements they find positive, negative, and what they would revise about the curriculum. This study is an attempt to create agency through the creation of a critical curriculum unit by a community researcher, teaching the pilot unit to a group of community members, and gauging their …

U.S. Muslim College Students' Spatialization Of Their Muslimness: An Exploration Of Muslim Linguistic And Cultural Identities Across Social Spaces, Ibrahim Demir

Language, Literacy, and Sociocultural Studies ETDs

ABSTRACT

The purpose of this multiple-case study was to explore how four US-born Muslim college students spatialized their linguistic and cultural identities within and across their social, academic, and religious spaces. The data were collected through detailed and in-depth data collection methods involving multiple sources of information: observations in the above-mentioned spaces, focus group interviews, autobiographies, drawings, images, and narratives. The data were analyzed through spatial analytical perspectives.

This study was drawn on Lefebvre's (1991) Spatial triad of perceived, conceived, and lived spaces, Soja's (1996) interpretation of spatiality and Thirdspace, and Bhabha's (2004) concept of Hybridity. This study presented how …

Against Political Speech, John M. Kang

Faculty Scholarship

The Supreme Court has dedicated itself to the proposition that political speech, more than any other category of speech, is deserving of the highest protection. A succession of cases amply supports this proposition. In Virginia v. Black, the Court announced that "lawful political speech [is] at the core of what the First Amendment is designed to protect." The Court similarly declared in Monitor Patriot Co. v. Roy that the First Amendment "has its fullest and most urgent application" to political speech. In McIntyre v. Ohio Elections Commission, the Court held that "handing out leaflets in the advocacy of …

Estimation Of Radium-226 Concentrations In Produced Water From Shale Gas, Tight Gas And Conventional Hydrocarbon Wells, Richard Frank Haaker

Mathematics & Statistics ETDs

This study examined data from the United States Geological Survey Produced Water database, version 2.3 (USGS DB) and built models to estimate the concentration of radium-226 in produced water given the values of other predictor variables. The dataset had only about 254 observations that were useable. Although the USGS DB had up to 190 possible attributes, it also had extreme rates of missingness, and many of the candidate variables were highly correlated. Multiple imputation techniques were employed using the Mice, Hmisc, and RMS packages for the R language to deal with the missing data. A multiple linear regression and two …

Gathering Around A New Fire: The Bemo Family, Interracial Marriage, Race, And Power In The Mvskoke Nation, 1870-1897, Michelle M. Martin

History ETDs

“Gathering Around a New Fire: The Bemo Family, Interracial Marriage, Race, and Power in the Mvskoke Nation, 1870-1897” explores from an Indigenous and gendered perspective the lived experiences of the interracial Bemo family in the Mvskoke Nation located in the Indian Territory (now Oklahoma). The marriage of Douglas Bemo, a Mvskoke/Semvnole student at Tullahassee Mission, to Katie Edwards, his white teacher, is the primary focus of this dissertation. My research seeks to restore Indigenous cultural agency to the complex Bemo family history. I merge Katie’s myopic narrative, federal Indian policy documents, missionary records, and nineteenth-century newspapers with Mvskoke/Semvnole oral histories, …

Judicial Philosophy 2022: Ethics & Professionalism In Appellate Decision-Making, Verónica C. Gonzales

Faculty Scholarship

Handout

Virtual Continuing Legal Education Program, Judicial Education Center, University of New Mexico School of Law

Judicial philosophy often plays a role in judicial appointments and elections. Members of the public ask candidates about their approach to the decision-making and law-making functions of the courts. The panel will delve into the ethical implications and challenges of serving on a court whose primary functions are error correction, statutory and regulatory interpretation, determinations of public policy, and development of common law. In discussing their personal philosophies and the challenges of deciding cases in panels, the panelists will also emphasize the impact of …

Alternative Chicanx Educational Activism In The U.S. Southwest, 1935–1975, Moises Santos

History ETDs

This project studies the use of independent newspapers, community theater, and independent Chicana/o colleges by activists to educate their community. Geographically, this study is placed in the Southwest states of New Mexico, Texas, and California. Using the theoretical frameworks of Southwest Borderlands Studies and Critical Race Theory in Education, this project contextualizes the historical racial power dynamics of U.S. takeover in the Southwest region that influence oppressive educational practices, and the challenge to those institutions by the alternative educational activism among Chicanx communities.

Activists employed ingenuity to provide educational materials to their communities when they needed them the most. These …

A Review Of Nepali Diaspora And Their Role In Nepal’S Development And Lessons For Developing Countries, Ambika P. Adhikari

Himalayan Research Papers Archive

United Nations data shows that the size of global diaspora had reached 281 million in 2020, and it continues to grow. Diasporas have contributed significantly to the development of their native lands through remittance, technology and knowledge transfer, philanthropy, and diplomacy. Many countries have designed policies to engage the diaspora more deeply by providing concessional citizenship and visa regimes, and attractive investment opportunities. Yet, there is room for improvement in policies and programs to enhance these prospects.

Since the 2010s, the size and expanse of Nepali diaspora has grown dramatically, the numbers perhaps reaching 800,000 in 2022 in the more …

Jemez Pueblo Tribal Court Handbook (2022), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Regulating Natural Gas Venting And Flaring As Waste: A Review Of The New Mexico Approach, Joseph A. Schremmer

Faculty Scholarship

Special issue: Law and Policy for Gas Flaring in a Low-Carbon Economy.

This essay interrogates the regulation of routine venting and flaring of natural gas as a source of prohibited “waste,” using New Mexico’s recently adopted Waste Rule as an example. It begins with a survey of both the environmental and economic benefits to be achieved by limiting or eliminating venting and flaring and the direct and indirect costs of doing so, including the forgone opportunity to produce crude oil. Then the essay explains the common law and statutory definitions of “waste” to demonstrate that the concept implicates a balancing …

Pueblo Of Pojoaque Tribal Court Handbook (2022), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Presas Efímeras Of New Mexico, José A. Rivera Ph.D.

Faculty Publications

The main title of this paper mimics a groundbreaking investigation by anthropologist Teresa Rojas Rabiela and ethnohistorian Ignacio Gutiérrez Ruvalcaba titled: Las presas efímeras mexicanas, del pasado y del presente (Ephemeral diversion dams of Mexico, past and present). Their study inspired the addition of counterpart cases from Nuevo México, a former Mexican province directly north of the Juarez-El Paso border. The work here describes the traditional dams of the northern Río Grande region and also serves as a guide to future research and the development of historic preservation projects. After introducing readers to Las presas efímeras mexicanas, …

Phase I Treatability Study Report For In-Situ Bioremediation At The Technical Area-V Groundwater Area Of Concern, March 2022, Sandia National Laboratories/Nm

Environmental Restoration

To test an active remedy for treating the groundwater contamination at the Technical Area-V (TA-V) Groundwater (TAVG) Area of Concern (AOC), the U.S. Department of Energy/National Nuclear Security Administration (DOE/NNSA) and Sandia National Laboratories, New Mexico (SNL/NM) personnel implemented a Treatability Study of In-Situ Bioremediation (ISB) to remediate the two constituents of concern, trichloroethene (TCE) and nitrate. Both contaminants were detected in the groundwater at TA-V at concentrations above their respective U.S. Environmental Protection Agency (EPA) maximum contaminant levels (MCLs). The EPA MCLsare the cleanup goals for groundwater remediation at the TAVG AOC as specified in the Compliance Order on …

From Zero-Sum To Economic Partners: Reframing State Tax Policies In Indian Country In The Post-Covid Economy, Pippa Browde

New Mexico Law Review

The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law that is both uncertain and highly complex, chilling both outside investment and economic development for tribes. As the United States emerges from COVID-19, to focus only on the toll exacted on tribes and their peoples ignores the tremendous opportunities for states to right these historical …

The United States Supreme Court’S Enduring Misunderstanding Of Insanity, David Dematteo, Daniel A. Krauss, Sarah Fishel, Kellie Wiltsie

New Mexico Law Review

Within mental health law, the legal defense of insanity has received a disproportionate amount of attention. Classified as a legal excuse, the insanity defense generally negates legal blameworthiness for criminal defendants who successfully prove that at the time of the offense, they did not know right from wrong or were unable to conform their conduct to the requirements of the law, due to an underlying mental health condition. The insanity defense has a lengthy history in the United States, with several different formulations and numerous court decisions addressing various aspects of the defense. Despite its firm entrenchment in U.S. criminal …

Ashamed, Judged, And Unsafe: A Qualitative Study Of Tenant Justice Perceptions To Inform The Redesign Of Housing Court, Daniel W. Bernal

New Mexico Law Review

Scholars have long suspected that tenants were skeptical of housing court, but prior studies—relying principally on surveys— have not borne that out. This qualitative empirical study draws from in-depth interviews and finds, in contrast to these previous studies, that tenants find the housing court process anything but fair, and describe a startling disconnect between their reasons for court attendance and their experiences of the hearings. Such negative justice perceptions may affect participation in housing court, compliance with judgments, and overall confidence in the judicial process. This Article suggests several legal and policy reforms to better align the housing court experience …

Surviving The Field: Providing The Bare Minimum For Farmworkers In New Mexico, Annie Swift

New Mexico Law Review

People have cultivated the land now known as New Mexico for millennia. Throughout the last century, however, state law has denied important protections to agricultural workers and thereby contributed to the creation of an agrarian working class that is especially vulnerable to political majorities and powerful interests. For example, the New Mexico legislature explicitly exempted certain farm workers from the Workers’ Compensation Act in 1937, and from the Minimum Wage Act in 1966. Nationally, farm workers have faced exclusion from various labor, health, and safety laws. Consequently, farm workers have enjoyed few legal safeguards against the risk of injury and …

“Reverse” 404(B) Is Not An Evidence Law Issue: A Call To Revive The Compulsory Process Clause As A Vehicle For Evidence Admission, Clay Wilwol

New Mexico Law Review

In criminal cases, Federal Rule of Evidence 404(b) is typically used by prosecutors seeking to introduce non-propensity “crimes, wrongs, or other acts” evidence against defendants. However, sometimes it is the defendant who seeks to use the Rule as a vehicle for evidence admissibility, either to provide such evidence to implicate the guilt of a third party or to help prove the intent or motive of alleged victims in violent crimes involving altercations. This latter defense-proffered use of Rule 404(b) has been termed “reverse” 404(b), and currently there is disagreement among courts (both federal and state) regarding how to assess the …

Non-Autophagy Role Of Atg5 And Nbr1 In Unconventional Secretion Of Il-12 Prevents Gut Dysbiosis And Inflammation, Seth D. Merkley, Samuel M. Goodfellow, Yan Guo, Zoe E R Wilton, Janie R. Byrum, Kurt C. Schwalm, Darrell L. Dinwiddie, Rama R. Gullapalli, Vojo Deretic, Anthony Jimenez Hernandez, Steven B. Bradfute, Julie G. In, Eliseo F. Castillo

Pediatrics Research and Scholarship

Intestinal myeloid cells play a critical role in balancing intestinal homeostasis and inflammation. Here, we report that expression of the autophagy-related 5 [Atg5] protein in myeloid cells prevents dysbiosis and excessive intestinal inflammation by limiting IL-12 production. Mice with a selective genetic deletion of Atg5 in myeloid cells [Atg5ΔMye] showed signs of dysbiosis preceding colitis, and exhibited severe intestinal inflammation upon colitis induction that was characterised by increased IFNγ production. The exacerbated colitis was linked to excess IL-12 secretion from Atg5-deficient myeloid cells and gut dysbiosis. Restoration of the intestinal microbiota or genetic deletion of IL-12 in Atg5ΔMye mice attenuated …

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.