Digital Commons Network^™

Private Actors, Public Records, And New Mexico’S Inspection Of Public Records Act, John Kreienkamp

New Mexico Law Review

In a series of three recent court decisions, New Mexico’s appellate courts have grappled with IPRA’s implications for private entities. In State ex rel. Toomey v. City of Truth or Consequences2 and New Mexico Foundation for Open Government v. Corizon Health, the Court of Appeals held that the records of a private contractor performing services on behalf of a public body were subject to inspection under IPRA to the extent they related to government business.

This article maintains that IPRA requests must be directed to the public body, not a private contractor, and that a private entity is not a …

Downtown Condos For The Rich: Not All Bad, Michael Lewyn

New Mexico Law Review

Through a survey of the academic and popular literature as well as a review of relevant data, this Article suggests that the growth of high-end condominiums is likely to increase supply and hold down costs for local residents. Part I of the Article discusses the background of the debate, including the increased popularity of downtown life, the explosion of urban housing costs in some cities, and the growth of high-cost condos. Part II critiques the claim that the growth of high-end condos will fail to lower housing costs and suggests that this claim is wrong because (1) at least some …

The Case For Outside Reverse Veil Piercing In New Mexico, Laura Spitz

New Mexico Law Review

This article proceeds as follows. Part I sets out the current law on veil piercing in New Mexico. Jurisdictions that adopt outside reverse piercing often apply much the same test for both traditional and outside reverse veil piercing cases; accordingly, the best predictor of how New Mexico courts will approach outside reverse piercing is how they have approached traditional veil piercing.

Part II summarizes the positions of other jurisdictions to have considered outside reverse veil piercing, as well as themes, concerns, and key debates in outside reverse piercing cases. This jurisprudence points in the direction of adopting the doctrine in …

Motel Blues: Inspecting Patel’S Impact On The Law Of Administrative Searches, Casey Adams

New Mexico Law Review

Administrative inspections are a vital tool for agencies charged with guarding public health and safety at all levels of government. Fire, health, sanitation, building, and labor departments across the country rely on administrative inspections to ensure that regulated entities comply with laws and rules. But administrative inspections clearly have a privacy dimension as well—after all, an inspection may involve a uniformed agent of the government making demands to see documents or access nonpublic areas, sometimes under threat of criminal penalties and always with the specter of further enforcement action lingering in the background.

Finding the balance between these two competing …

Evaluating Causation In Nmhra Retaliation Claims After Nassar: Why New Mexico Courts Should Adopt A Motivating Factor Causation Standard, Elisa Cibils

New Mexico Law Review

New Mexico courts apply a federal burden-shifting test to decide employment retaliation claims brought under the New Mexico Human Rights Act (NMHRA). In New Mexico courts’ application of this test, it is unclear whether the employee has to initially show whether the protected activity she engaged in—such as filing a discrimination complaint—was the “but-for” cause of the adverse employment action against her, or if it is sufficient for her to show that the protected activity was one motivating factor—among other potentially lawful or non-discriminatory factors—that contributed to the employer’s retaliatory acts against her. In light of the recent United States …

Leucoselect Phytosome Modulates Serum Eicosapentaenoic Acid, Docosahexaenoic Acid, And Prostaglandin E3 In A Phase I Lung Cancer Chemoprevention Study, Jenny T. Mao, Bingye Xue, Sili Fan, Patricia Neis, Clifford Qualls, Larry Massie, Oliver Fiehn

Pathology Research and Scholarship

Grape seed procyanidin extract (GSE) has been shown to exert antineoplastic properties in preclinical studies. Recently, we reported findings from a modified phase I, open-label, dose escalation clinical study conducted to evaluate the safety, tolerability, MTD, and potential chemopreventive effects of leucoselect phytosome, a standardized GSE complexed with soy phospholipids to enhance bioavailability, in heavy active and former smokers. Three months of leucoselect phytosome treatment significantly decreased bronchial Ki-67 labeling index (LI), a marker of cell proliferation on the bronchial epithelium. Because GSE is widely used as a supplement to support cardiovascular health, we evaluate the impact of oral leucoselect …

Real-World Diagnostic Testing Patterns For Assessment Of Ring Sideroblasts And Sf3b1 Mutations In Patients With Newly Diagnosed Lower-Risk Myelodysplastic Syndromes, Jay L. Patel, Mehrdad Abedi, Christopher R. Cogle, Harry P. Erba, Kathryn Foucar, Guillermo Garcia-Manero, David L. Grinblatt, Rami S. Komrokji, Sandra E. Kurtin, Jaroslaw P. Maciejewski, Daniel A. Pollyea, Dennis A. Revicki, Gail J. Roboz, Michael R. Savona, Bart L. Scott, Mikkael A. Sekeres, David P. Steensma, Michael A. Thompson, Elizabeth Dawn Flick, Pavel Kiselev, Chrystal U. Louis, Melissa Nifenecker, Arlene S. Swern, Tracy I. George

Pathology Research and Scholarship

INTRODUCTION: The presence of ring sideroblasts (RS) and mutation of the SF3B1 gene are diagnostic of lower-risk (LR) myelodysplastic syndromes (MDS) and are correlated with favorable outcomes. However, information on testing and reporting in community-based clinical settings is scarce. This study from the Connect

METHODS: Ring sideroblasts assessment and molecular testing data were collected from patients with LR-MDS at enrollment in the Registry. Patients enrolled between December 2013 and the data cutoff of March 2020 were included in this analysis.

RESULTS: Among 489 patients with LR-MDS, 434 (88.8%) underwent RS assessment; 190 were assessed prior to the 2016 WHO guidelines …

Submittal Of Mixed Waste Landfill Annual Long-Term Monitoring & Maintenance Report, April 2020-March 2021 For Sandia National Laboratories/New Mexico, Epa Id Number Nm5890110518, June 2021, Sandia National Laboratories/Nm

Facilities-Units

The Department of Energy/National Nuclear Security Administration (DOE/NNSA) and Sandia National Laboratories /New Mexico (SNL/NM) personnel submitted the Mixed Waste Landfill (MWL) Annual Long-Term Monitoring and Maintenance Report for the April 2020 through March 2021 reporting period to the New Mexico Environment Department (NMED) in accordance with the requirements of Section 4.8.1 of the MWL Long-Term Monitoring and Maintenance Plan (LTMMP). The LTMMP became effective on January 8, 2014.

The MWL is a 2.6-acre Solid Waste Management Unit (SWMU 76) located in the north-central portion of SNL/NM Technical Area III that has undergone corrective action. As of March 13, 2016, …

Consumer Welfare: Would Competitive Injury Claims Under The New Mexico Unfair Practices Act Actually Undermine Consumer Protection?, Raquel Koch Pinto

New Mexico Law Review

When the New Mexico Unfair Practices Act (UPA) was enacted in 1967, the language adopted did not clearly state whether the legislature intended to confer standing to competitors to sue for unfair or deceptive trade practices. Before the New Mexico Supreme Court decision in Gandydancer, LLC v. Rock House CGM, LLC,1 the New Mexico Court of Appeals and the U.S. District Court for the District of New Mexico—applying state law—had interpreted the statutory term “any person” as an opening for businesses to sue competitors under the UPA in certain circumstances. However, the New Mexico Supreme Court approached the UPA in …

Rules To Bind You: Problems With The Uspto’S Ptab Rulemaking Procedures, Andrew Dietrick, Jonathan Stroud

New Mexico Law Review

This Article analyzes some of the recent rules, guidance documents, policy-based administrative decisions, and rulemaking procedures used by the United States Patent and Trademark Office (USPTO), and concludes that the USPTO is improperly promulgating substantive rules sub rosa via, inter alia, updates to the Trial Practice Guide (TPG), an ostensibly nonbinding document that controls many broad substantive and procedural aspects of the Patent Trial and Appeal Board (PTAB), and in doing so, avoids appellate, Congressional, and stakeholder review of such decisions.

Part I will review the established law of administrative agencies’ rulemaking authority and procedures, specifically reviewing formal rulemaking, “informal” …

Coalition For Prisoners' Rights Newsletter, Vol. 46-C, No. 6, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

Some Positive Changes

Serious Mail Tampering

Creciente violencia contra los asiáticos

The Least Read Part of the Newsletter

What Does This Mean?

Plant-Based Beverages In The Diets Of Infants And Young Children, Lisa M. Bodnar, Elizabeth Y. Jimenez, Susan S. Baker

Pediatrics Research and Scholarship

No abstract provided.

New Mexico Domestic Violence Needs Assessment, Theresa H. Cruz, William F. Athas, Ivy Vitanzos Cervantes, Alexis Kaminsky, Yvonnie C. Vitanzos, Mary R. Bartlett, Camille R. Velarde

Reports & Documents

No abstract provided.

Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang

Faculty Scholarship

A transgender person faces obstacles trying to negotiate a gender-binary world. Going through a TSA checkpoint is no different. A substantial number of transgender persons have reported that they were detained and examined because they were transgender.1 Why this situation persists and what policy reforms should be implemented to alleviate it are the subjects of this Essay. This Essay is devoted mainly to the theme of transgender rights, rather than race, a central theme of the symposium in which this Essay appears. Given the relatively small pool of transgender individuals for whom data is available, this Essay is unable to …

Into The Neotropics: Perspectives On The Evolution Of Neotropical Myotis, Carlos Alberto Carrión Bonilla Mr

Biology ETDs

In my dissertation, I used morphological, sanger sequencing and next-generation sequencing data sets to explore the evolutionary relationships and study cryptic diversity of a extant Neotropical myotine radiation. Using a integrative approach, I described a new species of Myotis from the montane and premontane forest of Panama, Costa Rica and Eastern Ecuador, refining our undestanding of the taxonomy and systematics of the Myotis pilosatibialis complex of bats. Then, using a single locus barcoding approach I explored genetic diversity partitioning across the Myotis radiation with a focus on Neotropical species, ilustrating the phylogenetic relationships of Neotropical species and exploring their species …

Ultralow Velocities Of Caco3 And The Origin Of Seismic Anomalies In The Earth's Upper Mantle, Mingqiang Hou, Ming Hao, Jin Liu, Xiaowan Su, Wen-Yi Zhou, Rostislav Hrubiak, Jin S. Zhang

Earth and Planetary Sciences Faculty and Staff Publications

Calcium carbonate (CaCO₃) is a major host for CO₂ in the deep Earth. The physical and chemical properties of CaCO₃ at extreme pressure-temperature (P-T) conditions are indispensable to decipher the circulation of carbon between the Earth's interior and surface via volcanism and subduction. Using the pulse-echo-overlap method combined with Paris-Edinburgh press, we measured velocities of CaCO₃ and observed an anomalous drop associated with the amorphization of aragonite under upper mantle conditions. The compressional (V_P) and shear (V_S) wave velocities of the partially amorphized CaCO₃ are reduced …

Studying Wash-Out During Professional Socializaton, Christopher Mellor

Health, Exercise, and Sports Sciences ETDs

Teacher washout can disrupt teacher effectiveness and undermine the espoused pedagogy in teacher education programs. Teacher washout occurs once an individual occupies a teaching role after formal training but corresponds with the potency of teacher education programs and K-12 experiences. Teacher washout literature is limited and does not address the socialization process of formal training. The following two hybrid dissertation studies examine washout, wash-in, and never washed-in. By doing so, we can expand the definition of washout and gain helpful insights on the perceptions of pre-service teachers. Implications from these studies provide faculty with proposals for change to decrease the …

“‘Even If You’Re Not Going To Plant, Use Your Water’: Forging Identity Through Cultural Practices”, Rafael A. Martínez, Froilán Orozco, Nancy C. Canales-Navarrete

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

The Pecos Valley Series is an oral history project developed over two years whose aim was to capture the cultural practices in agriculture and activism that is evident to the cultural identities of the northern New Mexico region. Participants include folks whose family genealogy has been tied to the Valley for hundreds of years, while also including transplant perspectives to demonstrate the complexity of placemaking. The Pecos Valley Series, was produced in what Nuevo Mexicano scholars term Querencia- a deep love for place and its history. These are themes and topics which are prevalent and relevant in defining the Southwest …

Secondary Cytogenetic Abnormalities In Core-Binding Factor Aml Harboring Inv(16) Vs T(8;21), Se Young Han, Krzysztof Mrózek, Jenna Voutsinas, Qian Wu, Elizabeth A. Morgan, Hanne Vestergaard, Robert Ohgami, Philip M. Kluin, Thomas Kielsgaard Kristensen, Sheeja Pullarkat, Michael Boe Møller, Ana-Iris Schiefer, Linda B. Baughn, Young Kim, David Czuchlewski, Jacobien R. Hilberink, Hans-Peter Horny, Tracy I. George, Michelle Dolan, Nam K. Ku, Cecilia Arana Yi, Vinod Pullarkat, Jessica Kohlschmidt, Amandeep Salhotra, Lori Soma, Clara D. Bloomfield, Dong Chen, Wolfgang R. Sperr, Guido Marcucci, Christina Cho, Cem Akin, Jason Gotlib, Sigurd Broesby-Olsen, Melissa Larson, Michael A. Linden, H Joachim Deeg, Gregor Hoermann, Miguel-Angel Perales, Jason L. Hornick, Mark R. Litzow, Ryotaro Nakamura, Daniel Weisdorf, Gautam Borthakur, Gerwin Huls, Peter Valent, Celalettin Ustun, Cecilia C S Yeung

Pathology Research and Scholarship

Patients with core-binding factor (CBF) acute myeloid leukemia (AML), caused by either t(8;21)(q22;q22) or inv(16)(p13q22)/t(16;16)(p13;q22), have higher complete remission rates and longer survival than patients with other subtypes of AML. However, ∼40% of patients relapse, and the literature suggests that patients with inv(16) fare differently from those with t(8;21). We retrospectively analyzed 537 patients with CBF-AML, focusing on additional cytogenetic aberrations to examine their impact on clinical outcomes. Trisomies of chromosomes 8, 21, or 22 were significantly more common in patients with inv(16)/t(16;16): 16% vs 7%, 6% vs 0%, and 17% vs 0%, respectively. In contrast, del(9q) and loss of …

05/25/2021 Meeting, Kelleen Maluski

Meeting Minutes

No abstract provided.

If You Want, Lucinda Lucero Sachs

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

No abstract provided.

Quality Improvement And Patient Care Symposium 2021 Program, Office For Continuous Professional Learning

Quality Improvement/Patient Safety Symposium

No abstract provided.

Julian Gunther Interview About Pandemic Life 2021, Kendra Chavez-Murphy

Oral Histories HIST300, Spring 2021

In this interview, Kendra Chavez-Murphy interviews classmate Julian Gunther about pandemic life. Topics range from: online school, music, and family health.

Optimization And Characterization Of Doped Optical Fibers For Radiation Balanced Fiber Laser And Amplifier, Mostafa Peysokhan

Optical Science and Engineering ETDs

Due to the reliability, compactness, low maintenance costs, superior performance, and versatility of fiber lasers and amplifiers, they are commonly employed in scientific and directed energy applications. Among all kinds of fiber lasers and amplifiers, high-power, Yb-dopped fiber lasers and amplifiers have been extensively researched to achieve higher output powers. One of the major hindrances to achieving higher powers with adequate stability and efficiency in high power performance is heat generated in the fiber lasers and amplifiers' core. The Radiation Balanced Laser (RBL) is a viable technique for heat mitigation has been proposed by S.~Bowman in 1995. RBL technique is …

Critical Communication: Improving Care Transitions For Incarcerated Patients Requiring Palliative And End-Of-Life Care, L. Emily Cotter Md, Mph, Gina Lutz Md, Sara Combs Md, Ao Ferguson Mdiv, Ma, Suzanne Stern-Brant Lmsw, Esme Finlay Md, Erin Fitzgerald Do

Quality Improvement/Patient Safety Symposium

Background:

Incarcerated persons are often sicker than the general population, with high levels of medical comorbidities [1]. Among those incarcerated, the elderly population is increasing at much higher rates than younger inmates, and with it rates of age-related chronic illnesses [2-3]. Care transitions, or movement from patients between healthcare settings, increase risk for adverse events due to potential miscommunication during transfers [4-5]. When hospitalized with life-limiting diagnoses, interdisciplinary palliative medicine teams advocate for appropriate patient care for persons who are incarcerated. However, limited resources and communication challenges often lead to inadequate care transitions upon discharge to correctional facilities.

Methods:

A …

Identifying Causes Of Readmission At Unm Hospital, Jewel Meyer-Hagen Ms3, Justine Yang Ms3, Christopher Bartlett Md, Avanika Mahajan Ms3, Susie Pham Ms3, Ishan Shah Do, Harsh Sharma Md, Jessie Rogers Md, Brianna Muller Md, Julia Howard Do, Radha Denmark Np, Gabriel Palley Md, Anthony Worsham Md

Quality Improvement/Patient Safety Symposium

Background/Introduction:

Inadequate coordination of care and poor transition of care quality are known contributors to hospital readmission. Patient readmission is a known risk factor for poor patient outcomes. Department of Internal Medicine (DOIM) readmission rate was 13.18% during fiscal year (FY) 2020, and is 13.58% to date during FY21. The objective of this study is to identify system-based drivers of readmission, understand why the readmission rate has increased from FY20 to FY21, and design interventions to address identified gaps.

Methods:

Developed a survey using RedCap. Retrospective chart review of 104 randomly selected patients discharged from UNMH during fiscal year 2020 …

Self-Administered Cognitive Screening To Monitor For Cognitive Side Effects From Outpatient Electroconvulsive Therapy, Peter Holguin, Christopher Abbott

Quality Improvement/Patient Safety Symposium

Abstract: Electroconvulsive therapy (ECT) is a rapid and effective treatment for multiple types of mental illness including major depressive disorder, bipolar depression, and catatonia. ECT can result in multiple cognitive side effects including post-ECT delirium as well as anterograde and retrograde amnesia. Administering formal cognitive screening at baseline, during, and after completion of ECT could be an effective means of monitoring for cognitive side effects from ECT. Conducting cognitive screening in an outpatient ECT service poses multiple challenges including time, limited staff, and availability of trained staff to administer cognitive screening. After reviewing multiple cognitive screens, the Self-Administered Gerocognitive Examination …

Understanding The Nuances: Diversity Among Asian American Pacific Islanders, Vinay Harpalani

Faculty Scholarship

Asian American Pacific Islander (AAPI) Heritage Month recognizes the collective contributions of all AAPIs, but it is also an opportunity to move beyond the collective and highlight the nuanced differences between various AAPI groups. Lumping together all of these groups, without appreciation for their unique histories, experiences, and challenges, can obscure important differences, which in turn reinforces stereotypes. For example, although the “model minority” stereotype depicts AAPIs as high academic achievers from relatively privileged socioeconomic backgrounds, this is only accurate for a subset of the AAPI population. Higher education institutions in particular should highlight the vast diversity among AAPIs, as …

Stability Of Plasma Glucose In Whole Blood Samples Collected In Sodium Fluoride Tube Vs. Sodium Heparin Plasma Separator Tubes, Ryan C. Braunberger, Magen Martinez, David G. Grenache

Quality Improvement/Patient Safety Symposium

Background: The concentration of plasma glucose is influenced by preanalytical variables such as delayed processing of whole blood. Glucose concentrations decrease by 5-7% per hour in whole blood due to glycolysis. This preanalytical loss decreases the diagnostic sensitivity of glucose when used to diagnose diabetes mellitus or gestational diabetes mellitus. Sodium fluoride (NaF) is commonly used to inhibit glycolysis in samples collected during oral glucose tolerance tests, but is inadequate as it does not stop glycolysis for two or more hours. Guidelines recommend blood samples be immediately immersed in an ice slurry and analyzed within 30 minutes of collection, but …

Burnout In Anesthesia Residency: A Quality Improvement Project, Adam Fish, Austin Flores, Robert Fisher

Quality Improvement/Patient Safety Symposium

Introduction

Burnout (BO) is a syndrome characterized by depersonalization (detachment from patients), emotional exhaustion and loss of sense of achievement. ^[1] Wellness varies by individual, and is characterized by dynamic self-awareness and positive perception that results in healthy adaptive choices. A combination of mental, physical, emotional, intellectual and social states that allow engagement with work. ^[1] Many features of anesthesiology training and practice may make individuals prone to developing burnout ^[1,2,3]

Methods and Materials

A UNM anesthesia resident task force implemented a QI Project with the goal of improving departmental burnout using the PDSA (Plan Do Study Act) cycle model. …