Digital Commons Network^™

An Intellectual History Of Mass Incarceration, Alice Ristroph

Faculty Scholarship

No abstract provided.

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by …

A New Associate’S Field Guide To Partner Compensation, Joseph A. Schremmer

Faculty Scholarship

This article surveys three broad models of income and expense allocation regarding law firm compensation for partners: the true partnership model; the modified partnership model; and the eat-what-you-kill model. The goal is for young lawyers to understand the fundamental differences among these compensation models even as there are myriad ways to allocate income and expenses.

Peace In The Home, Peace In The Nation: Conceptions Of Justice For Rural Women Of Northern Uganda, Jennifer Moore

Faculty Scholarship

UNM International Studies Institute Fall Lecture Series 2019 "Peacemaking In Africa"

Humanizing Work Requirements For Safety Net Programs, Mary Leto Pareja

Faculty Scholarship

This Article explores the political and policy appeal of work requirements for public benefit programs and concludes that inclusion of such requirements can be a reasonable design choice, but not in their current form. This Article’s proposals attempt to humanize these highly controversial work requirements while acknowledging the equity concerns they are designed to address. Drawing on expansive definitions of “work” found in guidance published by the Centers for Medicare and Medicaid (“CMS”) and in various state waiver applications, this Article proposes that work requirements be approved for Medicaid (as well as other benefit programs) only if they encompass various …

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?

Fluorescence Microscopy Of Biophysical Protein Dynamics In Nanoporous Hydrogels, Anuj Saini, Lydia Kisley

Faculty Scholarship

Proteins within nanoporous hydrogels have important biotechnological applications in pharmaceutical purification, tissue engineering, water treatment, biosensors, and medical implants. Yet, oftentimes proteins that are functional in solution lose activity when in contact with soft, nanostructured, condensed phase materials due to perturbations in the folded state, conformation, diffusion, and adsorption dynamics of the protein by the material. Fluorescence microscopy experimentally measures the biophysical dynamics of proteins within hydrogels at the nanoscale and can overcome the limitations of conventional ensemble techniques. An explanation of the benefits of fluorescence is provided, and principles of fluorescence microscope instrumentation and analysis are discussed. Then several …

An Innovative Three-Step Method For Identifying Exemplars, Kurt C. Stange

Faculty Scholarship

Purpose: To improve practices in rapidly changing environments, it is helpful to learn from relevant innovators. This article describes a well-defined and adaptable method for discovering innovative cases that inform best practices or positive/negative deviant research. Methods: As part of a national study of innovation in primary care settings, we developed a three-step method for identifying exemplar practices and applied that method to finding a sample of relevant innovators for in-depth case studies from which to draw transportable lessons about improving primary care practice. Results: Relevant, information-rich cases are uncovered using cycles of identification, sampling, and assessment. This cycle is …

Abnormal Involuntary Movement Scale In Tardive Dyskinesia: Minimal Clinically Important Difference, Martha Sajatovic

Faculty Scholarship

Background: A minimal clinically important difference has not been established for the Abnormal Involuntary Movement Scale in patients with tardive dyskinesia. Valbenazine is a vesicular monoamine transporter 2 inhibitor approved for the treatment of tardive dyskinesia in adults. Efficacy in randomized, double-blind, placebo-controlled trials was defined as the change from baseline in Abnormal Involuntary Movement Scale total score (sum of items 1-7). Objectives: To estimate an minimal clinically important difference for the Abnormal Involuntary Movement Scale using valbenazine trial data and an anchor-based method. Methods: Data were pooled from three 6-week double-blind, placebo-controlled trials: KINECT (NCT01688037), KINECT 2 (NCT01733121), and …

The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello

Faculty Scholarship

In 1991, the American Law and Economics Association identified Guido Calabresi, Ronald Coase, Henry Manne and Richard Posner as the founders of the 'law and economics' movement. The European Journal of Law and Economics has already devoted a special issue to each of the last three. It is now Calabresi's turn. The order has no particular meaning and the current issue in Calabresi's honor does not depend on a desire to complete the list. Rather, we waited for a very special occasion to celebrate Calabresi's work - the publication of his latest book, The Future of Law and Economics (2016).

Minding The Gaps In Lawyers' Rules Of Professional Conduct, Anita Bernstein

Faculty Scholarship

No abstract provided.

Barriers To Epilepsy Care In Central Uganda, A Qualitative Interview And Focus Group Study Involving Plwe And Their Caregivers, Martha Sajatovic, Carol Blixen

Faculty Scholarship

Background: Epilepsy is a common neurological disease with substantial impact on the subject and their caretakers. This exploratory study identified barriers to care for persons living with epilepsy (PLWE) to develop a culturally acceptable nurse led self-management intervention for PLWE previously developed in the United States. Methods: The study involving 48 participants (31 PLWE and 17 caregivers) with in depth interviews and focus groups was conducted. We obtained insights into barriers to care in PLWE and their caregivers. Using a thematic analytic procedure emphasizing the dominant themes the qualitative responses were analyzed. Median age of PLWE was 24 years (IQR …

Key Inflammatory Pathway Activations In The Mci Stage Of Alzheimer’S Disease, Jagan A. Pillai, Sean Maxwell, Lynn M. Bekris, Stephen M. Rao, Mark R. Chance, James B. Leverenz

Faculty Scholarship

Objective: To determine the key inflammatory pathways that are activated in the peripheral and CNS compartments at the mild cognitive impairment (MCI) stage of Alzheimer’s disease (AD). Methods: A cross-sectional study of patients with clinical and biomarker characteristics consistent with MCI-AD in a discovery cohort, with replication in the Alzheimer’s Disease Neuroimaging Initiative (ADNI) cohort. Inflammatory analytes were measured in the CSF and plasma with the same validated multiplex analyte platform in both cohorts and correlated with AD biomarkers (CSF Aβ42, total tau (t-tau), phosphorylated tau (p-tau) to identify key inflammatory pathway activations. The pathways were additionally validated by evaluating …

When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar

Faculty Scholarship

No abstract provided.

Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod

Faculty Scholarship

No abstract provided.

An Organizational Account Of State Standing, Katherine Mims Crocker

Faculty Scholarship

Again and again in regard to recent high-profile disputes, the legal community has tied itself in knots over questions about when state plaintiffs should have standing to sue in federal court, especially in cases where they seek to sue federal-government defendants. Lawsuits challenging everything from the Bush administration’s environmental policies to the Obama administration’s immigration actions to the Trump administration’s travel bans have become mired in tricky and technical questions about whether state plaintiffs belonged in federal court.

Should state standing cause so much controversy and confusion? This Essay argues that state plaintiffs are far more like at least one …

Fiduciary Constitutionalism: Implications For Self-Pardons And Non-Delegation, Ethan J. Lieb, Jed Handelsman Shugerman

Faculty Scholarship

The idea that public servants hold their offices in trust for subject-beneficiaries and that a sovereign's exercise of its political power must be constrained by fiduciary standards-like the duties of loyalty and care-is not new. But scholars are collecting more and more evidence that the framers of the U.S. Constitution may have sought to constrain public power in ways that we would today call fiduciary. In this article, we explore some important legal conclusions that follow from fiduciary constitutionalism.

After developing some historical links between private fiduciary instruments and state and federal constitutions, we opine on what a fiduciary constitution …

Authors’ Response: An Enquiry Concerning Constitutional Understanding, Gary S. Lawson, Guy I. Seidman

Faculty Scholarship

One of Professor Lawson’s first students, alluding to a 1985 article with the provocative title “Why Professor [Marty] Redish Is Wrong about Abstention,” declared that his ambition was to inspire someone to write an article entitled “Why [the student] Is Wrong about XXX.” The student claimed that, regardless of what filled in the “XXX,” this event would be the pinnacle of academic accomplishment.

If that view is even close to the mark, then having an entire conference devoted to explaining why Professors Lawson and Seidman are wrong about the Constitution is an extraordinary honor. In all seriousness, we are genuinely …

Red River, White Law, Laura Spitz

Faculty Scholarship

No matter how well-intended, advocates reaching for personhood on behalf of rivers in the United States must think carefully about how to meaningfully engage the Indigenous peoples directly affected, or risk continuing practices of colonization. In that sense, the Colorado River case was a missed opportunity to contextualize the claim in terms of local Indigenous laws and cultures. Its dismissal provides an opportunity to reset and reach out before moving forward again.

‘Off With Their Heads’ Won’T Make Abq Safer, George Bach, Robert Schwartz, David Stout

Faculty Scholarship

Frustrated by crime in Albuquerque and the time it will require to address it rationally, and, perhaps, spurred on by bail bondsmen with their own financial interests, some in Albuquerque seem to prefer the rantings of the Queen of Hearts in Alice in Wonderland to our Constitutional law.

Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman

Faculty Scholarship

Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did …

Evolution, Not Transgenerational Plasticity, Explains The Adaptive Divergence Of Acorn Ant Thermal Tolerance Across An Urban–Rural Temperature Cline, Ryan A. Martin, Lacy D. Chick, Aaron R. Yilmaz, Sarah E. Diamond

Faculty Scholarship

Although studies increasingly disentangle phenotypic plasticity from evolutionary responses to environmental change, few test for transgenerational plasticity in this context. Here, we evaluate whether phenotypic divergence of acorn ants in response to urbanization is driven by transgenerational plasticity rather than evolution. F2 generation worker ants (offspring of laboratory-born queens) exhibited similar divergence among urban and rural populations as field-born worker ants, suggesting that evolutionary divergence rather than transgenerational plasticity was primarily responsible for shifts toward higher heat tolerance and diminished cold tolerance in urban acorn ants. Hybrid offspring from matings between urban and rural populations also indicated that evolutionary divergence …

Newsy Interviews Maryam Ahranjani, Are Armed ‘Guardian Patriots’ At Us-Mexico Border Breaking The Law?, Maryam Ahranjani

Faculty Scholarship

So, I think that there are a number of potential charges here under state law. As I mentioned, false imprisonment. … New Mexico law defines false imprisonment as intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so. ... Kidnapping, which is a more serious charge, is another potential charge. And that requires the unlawful taking, restraining, transporting or confining of a person by force, intimidation or deception.

They're not in a position to advocate for themselves. Generally, they don't speak English. Generally, they don't know whether they do …

Building Intellectual Property Infrastructure Along China’S Belt And Road, Peter K. Yu

Faculty Scholarship

In the past decade, China has played pivotal roles in developing initiatives such as the BRICS Summit, the Regional Comprehensive Economic Partnership, the New Development Bank and the Asian Infrastructure Investment Bank. China has also negotiated a number of bilateral and regional free trade agreements, connecting the country to markets in Asia, Australasia, Europe, South America and other parts of the world. Many of these agreements include provisions or chapters on intellectual property protection and enforcement.

One new initiative that has not received much scholarly and policy attention from intellectual property commentators concerns the slowly emerging "One Belt, One Road" …

Beyond The Witness: Bringing A Process Perspective To Modern Evidence Law, Edward K. Cheng, G. Alexander Nunn

Faculty Scholarship

The focal point of the modern trial is the witness. Witnesses are the source of observations, lay and expert opinions, authentication, as well as the conduit through which documentary, physical, and scientific evidence is introduced. Evidence law therefore unsurprisingly concentrates on – or perhaps obsesses over – witnesses. In this Article, we argue that this witness-centered perspective is antiquated and counterproductive. As a historical matter, focusing on witnesses may have made sense when most evidence was the product of individual observation and action. But the modern world frequently features evidence produced through standardized, objective, and even mechanical processes that largely …

The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market, Irene Calboli

Faculty Scholarship

The Symposium in which this essay is published features recent developments in the law of intellectual property (IP) in Asia. In this essay, I focus on the Association of South East-Asian Nations (ASEAN), a region that I have had the opportunity to visit extensively in the past several years. In particular, I analyze the enforcement of IP rights in the context of the application of the principle of IP exhaustion in individual ASEAN Members, and the relationship between this principle and free movement of goods within the ASEAN region. In the past, I have addressed the same topic with respect …

Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan

Faculty Scholarship

This paper compares India’s position with that of the US on the question of protection of well-known marks in the light of applicable international legal prescriptions. The discussion in this paper compares protection for famous foreign marks (as opposed to a famous mark). Famous foreign marks are those that have acquired fame in one country and hence, well-known in another country.

Successful And Unsuccessful Attempts To Swallow In A Reduced Aplysia Preparation Regulate Feeding Responses And Produce Memory At Different Neural Sites, Jeffrey M. Mcmanus, Hillel J. Chiel

Faculty Scholarship

Sensory feedback shapes ongoing behavior and may produce learning and memory. Motor responses to edible or inedible food in a reduced Aplysia preparation were examined to test how sensory feedback affects behavior and memory. Feeding patterns were initiated by applying a cholinomimetic onto the cerebral ganglion. Feedback from buccal muscles increased the response variability and response rate. Repeated application of the cholinomimetic caused decreased responses, expressed in part by lengthening protractions. Swallowing strips of "edible" food, which in intact animals induces learning that enhances ingestion, increased the response rate, and shortened the protraction length, reflecting more swallowing. Testing memory by …

Kob-Tv Interviews Kastenberg On A Juvinelle Tried For Murder And The Death Penalty, Joshua E. Kastenberg

Faculty Scholarship

Professor Kastenberg discusses using veteran status to get a job or falsely claiming to be a vet while panhandling is now punishable under the law.