Digital Commons Network^™

Santa Clara Pueblo V. Martinez In The Evolution Of Federal Law, Richard B. Collins

Tribal Law Journal

Few Indian law decisions have evoked as much scholarly attention as Santa Clara Pueblo.1 Shepard's pulls up over 1000 law review references, and Google reports almost 3,000,000 hits.2 It is a major case in all Indian law treatises and casebooks and is important in several other books.3 Most analyze the decision as an event and focus on its principal holding, denying a federal cause of action for civil enforcement of the Indian Civil Rights Act.4 Policy discussions parse tribal sovereignty and discrimination against women.

Tribal Justice: Honoring Indigenous Dispute Resolution (Symposium Keynote Address), Deb Haaland

Tribal Law Journal

Tribal Law Journal 20th Anniversary Symposium Keynote Address. I am working to weave our Native voice into a system that is not traditionally our own to make sure these legal fictions do not persist into another detrimental federal policy era. This symposium is highly valuable because it shows our community how important it is to incorporate indigenous traditional values into our legal system—but this is also important to highlight in our political systems and my effort to encourage more Native Americans to run for office and will continue. Native American people need to redefine all aspects of our governance systems …

Native American Oral Evidence: Finding A New Hearsay Exception, Max Virupaksha Katner

Tribal Law Journal

The Federal Rules of Evidence hearsay rules unjustifiably exclude legitimate and trustworthy evidence that support many Native American legal claims. Native American communities traditionally were not literate and rarely recorded the treaties, contracts, and other legal instruments they drew up or honored in any kind of written format, oftentimes recording their histories and diplomatic events in other ways; take for example wampum belts used by the Haudenosaunee Confederacy, among others. While the U.S. legal system presupposes that evidence in written statements provides a greater assurance of accuracy and truth than oral statements, this is not always the case. Writing is …

Acoma Pueblo Tribal Court Handbook (2021), 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.

Taos Pueblo Tribal Court Handbook (2021), 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.

Neutroalgebra For The Evaluation Of Barriers To Migrants’ Access In Primary Health Care In Chile Based On Prospector Function, Diego Silva Jiménez, Juan Alexis Valenzuela Mayorga, Mara Esther Roja Ubilla, Noel Batista Hernández

Neutrosophic Sets and Systems

No abstract provided.

Neutrosophic Sets And Systems, Vol. 41, 2021, Florentin Smarandache, Mohamed Abdel-Basset, Said Broumi

Neutrosophic Sets and Systems

No abstract provided.

Statistical Modeling Of Hpc Performance Variability And Communication, Jered B. Dominguez-Trujillo

Computer Science ETDs

Understanding the performance of parallel and distributed programs remains a focal point in determining how compute systems can be optimized to achieve exascale performance. Lightweight, statistical models allow developers to both characterize and predict performance trade-offs, especially as HPC systems become more heterogeneous with many-core CPUs and GPUs. This thesis presents a lightweight, statistical modeling approach of performance variation which leverages extreme value theory by focusing on the maximum length of distributed workload intervals. This approach was implemented in MPI and evaluated on several HPC systems and workloads. I then present a performance model of partitioned communication which also uses …

School "Safety" Measures Jump Constitutional Guardrails, Maryam Ahranjani

Faculty Scholarship

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …

Tribal Opposition To Enbridge Line 5: Rights And Interests, John Minode’E Petoskey

Tribal Law Journal

This paper will examine the tribal interests at stake in the controversy surrounding Enbridge Oil Pipeline 5 (“Line 5”), and will explore why it is consistent with Michigan’s treaty obligations and public trust principles to remove the pipeline from the Straits of Mackinac. The Line runs beneath the Straits of Mackinac, the convergence of Lake Michigan and Lake Huron, and is nearly 70 years old. Should the pipeline burst, the resulting spill would irreparably harm fisheries in the Straits and impair tribal treaty rights to fish in the Great Lakes. Part I will provide a roadmap overview. Part II will …

A Call To Action For Librarians: Countering Conspiracy Theories In The Age Of Qanon, Stephanie Beene, Katie Greer

University Libraries & Learning Sciences Faculty and Staff Publications

Librarians empower learners to become discerning citizens through a set of diverse skills and literacies. To cultivate critical thinkers, librarians continue to build innovative practices, even as technology rapidly evolves. However, the pervasiveness of misinformation and disinformation, most recently seen in the conspiratorial worldviews of QAnon, challenges librarians to center critical thinking in their information literacy praxis. In this article, we provide a concise overview of QAnon and the problems that contemporary internet conspiracy theories like it pose. We offer an epistemological shift for information literacy, from heuristics to mindsets and behaviors, drawing on disciplines external to librarianship. Finally, we …

Planning And Hosting A Virtual Science-Fiction Event Series, Holly M. Surbaugh, Glenn Koelling

University Libraries & Learning Sciences Faculty and Staff Publications

As the University of New Mexico responded to the coronavirus pandemic with emergency building closures and a shift to online services, the University Libraries faced challenges making and maintaining personal connections with users in the absence of face-to-face contact. Recognizing that necessary public health restrictions isolated all students, faculty, and staff to some extent, a science librarian and an English librarian collaborated to develop a series of three Zoom-facilitated programs that provided fun activities (i.e., a movie watch party, a book discussion, and a team trivia game) to engage a socially distanced campus community while highlighting various library resources. They …

The Relationship Between Narrative Informativeness And Psychosocial Outcomes In Chronic Stroke-Induced Aphasia, Eileen Armes, Jessica Richardson, Rick Arenas, Lori Nelson

Speech and Hearing Sciences ETDs

Currently there is a gap in the literature in understanding the relationship between the newly categorized primary outcome measure of discourse and secondary outcomes related to psychosocial impact, such as participation, psychological impact, social well-being, or mood. In a large sample of persons with stroke-induced aphasia (N=115), this study analyzed discourse samples using main concept analysis to determine how discourse performance correlates with the secondary outcome measures ALA, CCRSA, GDS, and CIQ. As a secondary research question, the differences in these relationships dependent on severity was also explored. Results showed statistically significant positive correlations between main concepts (MCs) and ALA …

Molecular Studies On The Interactions Between Biomphalaria Snails And Schistosoma Mansoni, Lijun Lu

Biology ETDs

Biomphalaria snails serve as vectors for Schistosoma mansoni, a trematode causing human schistosomiasis. Control of Schistosoma mansoni involves chemotherapy of affected people, but new control methods built on improved understanding of schistosome-snail interactions are needed. My dissertation applies molecular and bioinformatics approaches to understand such interactions. Chapter 1 shows that significant differences exist among Biomphalaria species in Africa with respect to their ability to support schistosome development. Chapters 2 and 3 reveal the transcriptional responses of Biomphalaria glabrata susceptible (SUS) or resistant (RES) to Schistosoma mansoni. Chapter 2 identifies a new family of snail immune factors, the AIG …

Aamodt Litigation Settlement Completion, United States 116th Congress

Native American Water Rights Settlement Project

Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.

Navajo-Utah Water Rights Settlement Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this section are: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for (A) the Navajo Nation and (B) the United States, for the benefit of the Nation; (2) to authorize, ratify, and confirm the agreement entered into by the Nation and the State, to the extent that the agreement is consistent with this section; (3) to authorize and direct the Secretary (A) to execute the agreement and (B) to take any actions necessary to carry out the agreement in accordance with this section; and (4) …

Montana Water Rights Protection Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this Act are: (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana State Constitution for (A) the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation; and (B) the United States, for the benefit of the Tribes and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent that the Compact is consistent with this Act; (3) to authorize …

Project Echo In Belarus: Outcomes Of 3-Year Experience, Olga P. Matylevich, Alexander B. Shushkevich, Pavel A. Perevoschikov, Siarhei A. Mavrichev, Kathleen M. Schmeler

Project ECHO Bibliography

No abstract provided.

Default Culpability Requirements: The Model Penal Code And Beyond, Scott England

Faculty Scholarship

This Article examines section 2.02(3) of the Model Penal Code, both as proposed by the ALI and as modified by MPC states, and recommends new default culpability rules to replace it.

The Model Penal Code’s default culpability provision, Section 2.02(3), plays a central but often overlooked role in the Code’s celebrated culpability scheme. Section 2.02(3) “reads in” a requirement of recklessness when an offense is silent about the mental state required for an offense element. The provision has profound implications for criminal law because thousands of state offenses fail to prescribe culpability requirements. Without a default culpability rule like Section …

Kob-4 Interviews Serge Martinez: Landlords, Tenants Feel Impact Of State Eviction Moratorium, Serge A. Martinez

Faculty Scholarship

"A lot of folks in New Mexico have month-to-month leases that come up for renewal every 30 days or so, and even folks that have longer leases, it's been nine months since the Supreme Court issues their order so a large percentage of leases in New Mexico have come up for renewal in that time period,” said Serge Martinez, a professor at UNM School of Law.

View story at KOB-4

Digital Image Analysis For The Detection Of Group B Streptococcus From Chromid Strepto B Medium Using Phenomatrix Algorithms, Justin Baker, Karen Timm, Matthew Faron, Nathan Ledeboer, Karissa Culbreath

Pathology Research and Scholarship

Group B Streptococcus (GBS) can be found to colonize about 25% of all healthy, adult women and is the leading infectious cause of early neonatal morbidity and mortality in the United States. This study evaluated the clinical performance of PhenoMatrix (PM) chromogenic detection module (CDM) digital imaging software in detection of GBS from LIM broth plated on ChromID Strepto B chromogenic medium (ChromID) using the WASP automated processor. The performance of the PM CDM was compared to manual culture review of the digital images and molecular detection of GBS. ChromID alone had a sensitivity and specificity of 84.5% and 94.7%, …

Analytical And Clinical Sample Performance Characteristics Of The Onclarity Assay For The Detection Of Human Papillomavirus, Stephen Young, Laurence Vaughan, Karen Yanson, Karen Eckert, Aojun Li, James Harris, Aaron Ermel, James A. Williams, Mohammad Al-Ghoul, Catherine L. Cammarata, Stephanie N. Taylor, Ronald Luff, Charles K. Cooper, Barbara Van Der Pol

Pathology Research and Scholarship

The objective of this study was to determine the result reproducibility and performance of the BD Onclarity human papillomavirus (HPV) assay (Onclarity) on the BD Viper LT platform using both contrived and clinical specimens. Reproducibility was assessed in BD SurePath liquid-based cytology (LBC) medium (SurePath) using contrived panels (HPV genotype 16 [HPV16] positive, HPV18 positive, or HPV45 positive) or clinical specimens (HPV16, -18, -31, -33/58, -45, or -52 positive or HPV negative). In addition, specimens from 3,879 individuals from the Onclarity trial were aliquoted prior to or following cytology processing and tested for HPV. Finally, specimens were collected using either …

Three Chapters On Transportation And Its Impact On Employment And Health Visits For Low-Income Adults In The Southwest, Michael Hensley

Economics ETDs

Many barriers to employment and healthcare access in the United States exist. Barriers to employment include lack of education, homelessness, or a criminal background. Barriers to healthcare include lack of insurance, lack of medical knowledge, and the inability to pay for service. This dissertation examines the role of transportation access and if transportation access is a burden for employment and healthcare access in the Southwest United States. This dissertation also examines if those differences are different based on gender, race, and ethnicity. The 2017 National Household Travel Survey (NHTS) serves as the data source for this dissertation.

Chapter 1 gives …

Eureka Moment As Divine Spark In The Light Of Direct Experience With The Spirit And Nature, Victor Christianto, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

In the ancient world, the Greeks believed that all great insights came from one of nine muses, divine sisters who brought inspiration to mere mortals. In the modern world, few people still believe in the muses, but we all still love to hear stories of sudden inspiration. Like Newton and the apple, or Archimedes and the bathtub (both another type of myth), we’re eager to hear and to share stories about flashes of insight. But what does it take to be actually creative? How to have such a flash insight? Turns out, there is real science behind "aha moments." We …

Visualization Of Real-Time Displacement Time History Superimposed With Dynamic Experiments Using Wireless Smart Sensors And Augmented Reality, Marlon Frank Agüero Injante

Civil Engineering ETDs

Wireless Smart Sensor (WSS) process field data and inform structural field engineers and owners about the infrastructure health, condition, and safety. Engineers acquire the data and investigate changes on displacements under loads to make informed choices and prioritize decisions concerning maintenance, required repairs, and infrastructure replacements. However, reliable data collection and access to displacement information in the field in real-time under loads remains a challenge. The displacement data provided by the WSS in the field undergoes additional processing, and it is seen at a different location, at the decision-making headquarters. If inspectors were able to observe structural displacements in real-time …

Wagon Tracks Volume 35, Issue 1 (November 2020), Santa Fe Trail Association

Wagon Tracks

Contents

2 On the Cover: Sending Them Off: Kit Carson and the Utes: 1843. by Ron Kil

4 Insights from your President

5 Joanne’s Jottings

7 Trail News, Education and Jr. Wagon Master

8 2021 Symposium by Dr. Michael L. Olsen and Harry C. Myers

13 SFTA Awards and Hall of Fame

16 The Diary of Pedro Ignacio Gallego: Meeting Becknell

25 Preservation Efforts on the Santa Fe Trail by Jere L. Krakow

10 The Story behind the Painting, continued

11 Historical Painting: Taking Your Best Shot by Ruth Friesen

31 Book Review: Lifelines: The Bowen Love Letters, compiled …

From A Conventional To An Inclusive Teaching Classroom, David Tadeo Martinez Guido, Gerardo Torres Gutiérrez, Roberto Bernardo Ortiz Gonzalez, Dulce Marisol Arteaga Godoy, Jorge A. Garcia

Research and Development Supported by El Centro

Inclusive education constitutes a point of inclination in policy development and care practices to student populations and social diversity. There are goals and strategies in the Mexican educational system which demonstrate the government’s interest to promote equity and equality opportunities for the entire vulnerable population. These policies are based on the need to recognize the right of people with special educational needs to quality education. Consequently, one of the goals of Plan Nacional de Desarrollo 2019-2024, it is a social policy which has actions to offer education for the entire population and sustainable development.

Therefore, El Tecnológico Nacional de México …

Effects Of Chronic Stress On Anxiety-Like Behavior And Fear Learning In The Tgf344-Ad Rat Model Of Alzheimer’S Disease, Samuel James Bouquin

Psychology ETDs

Alzheimer’s disease (AD) is a progressive neurodegenerative brain disorder that leads to severe cognitive and functional impairments. Many AD patients also exhibit neuropsychiatric symptoms (NPS) such as anxiety and prior to the clinical diagnosis of dementia. The prodromal manifestation of NPS is highly prevalent among patients with mild cognitive impairment (MCI), and the co-occurrence of preclinical NPS and MCI is associated with an increased risk of developing AD. Prolonged or repeated exposure to stress can result in behavioral disturbances (e.g., anxiety) and accelerated global cognitive decline. Importantly, AD patients exhibit altered stress systems and AD-related neuropathology has been linked to …

Cardiorespiratory And Metabolic Responses To Hexagonal Barbell Deadlift Task Performed At An Intensity Corresponding To The Anaerobic Threshold, Christopher C. Frankel Dr.

Health, Exercise, and Sports Sciences ETDs

The objectives of this study were to identify the lactate threshold (LT) and the first ventilatory threshold (VT) during resistance exercise in a discontinuous incremental test, determine if both thresholds were observed at the same relative workload, and to analyze the acute cardiorespiratory and metabolic responses during a separate constant load resistance exercise protocol. Twelve healthy, trained women (n = 6) and men (n = 6) performed a maximal running test on a treadmill followed by three protocols using the hexagonal bar deadlift (HBDL) exercise. The treadmill test was performed to determine maximal oxygen consumption, peak heart rate, and lactate …

Probing The Impacts Of Ultra-Low Platinum Loadings On Membrane Degradation Mechanisms, Andre J. Spears

Nanoscience and Microsystems ETDs

Membrane chemical degradation is one of many factors that can impact fuel cell durability. The fuel cell’s performance and lifetime heavily depends on the membrane and its ability to maintain chemical and mechanical integrity. In Nafion^® membranes, hydroxyl radicals are the primary cause of chemical membrane degradation as they attack the membrane’s polymer structure. Radical formation can ensue via peroxide decomposition at the cathode or gases reacting on Pt particles or contaminants like Fe (a fenton's reagent) within the membrane. As radicals attack the membrane’s polymer structure the membrane thins, and fluoride and sulfate ions are released. This consequently …