Digital Commons Network^™

Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver

Tribal Law Journal

CP 87 and CP 100: Allotment and Fractionation Within the Citizen Potawatomi Nation by Mark Welliver illustrates some of the problematic issues faced today by interest owners of Indian allotment land by using his father's interest in allotment land as a "hypothetical," in the context of the Citizen Band Potawatomi's history and removal to Oklahoma. The article also discusses "solutions that are applicable either by the federal government, the tribes, or the individual interest holders."

Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller

Tribal Law Journal

Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums? by J. R. Mueller demonstrates "that the Navajo Nation has developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom, similar to the Anglo-American notion of common law." This article also explores whether tribal customary law can be applied in state and federal forums in light of a recent federal case Cheromiah v. United States.

Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa

Faculty Scholarship

For more than one hundred years, railroad cars rumbled and roared along tracks in the Coeur d'Alene River Basin, serving the mining industry in the Panhandle of northern Idaho. As in many parts of the American West, the history of railroads in northern Idaho largely reflects the history of mining in the region. The first gold was discovered in this area in 1883, the same year that the area saw its first line of the Northern Pacific Railroad. In 1885, the Bunker Hill mine was established near the present town of Kellogg. Four years later, the first rail line of …

Funding Long Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie Martin

Faculty Scholarship

Long-term care is a subject of great concern to most elders. Stripping away the emotional hype and confusing lingo surrounding this topic is essential to making sound decisions. This article pares away all the extraneous complications and lays out the options that are currently available to elders, paying particular attention to the methods available to fund long-term care if or when it is needed.

Faculty Publications And Creative Works 2001, Office Of The Vice President For Research

Office of the Vice President for Research

One of the ways in which we recognize our faculty at the University of New Mexico is through Faculty Publications & Creative Works. An annual publication, it highlights our faculty's scholarly and creative activities and achievements and serves as a compendium of UNM faculty efforts during the 2001 calendar year. Faculty Publications & Creative Works strives to illustrate the depth and breadth of research activities performed throughout our University's laboratories, studios and classrooms. We believe that the communication of individual research is a significant method of sharing concepts and thoughts and ultimately inspiring the birth of new ideas. In support …

The Perils Of Prescribed Fire: A Reconsideration, Stephen J. Pyne

Natural Resources Journal

No abstract provided.

An Organic Act After A Century Of Protection: The Context, Content, And Implications Of The 1995 Russian Federation Law On Specifically Protected Natural Areas, David Ostergren

Natural Resources Journal

No abstract provided.

The Western Range Revisited: Removing Livestock From Public Lands To Conserve Native Biodiversity, By Debra L. Donahue, Clyde Eastman

Natural Resources Journal

No abstract provided.

Ten-Year Index: Volume 31-40, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Supreme Court Update, Erwin Chemerinsky

New Mexico Law Review

No abstract provided.

Law And Literature, Scott Turow

New Mexico Law Review

No abstract provided.

New Delopments In Fourth, Fifth And Sixth Amendment Law, Barbara Bergman, Arthur G. Lefrancois, Marianne Wesson

New Mexico Law Review

No abstract provided.

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez

Faculty Scholarship

I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …

Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classes In Private Universities, Maryam Ahranjani

Faculty Scholarship

This Comment discusses the rationale underlying single-sex education and the diversity in its implementation. This Comment argues that not only are single-sex classrooms withing private undergraduate institutions legally unsound, but also that this approach fails to address long-term public policy concerns about the situation of women in education. As the United States grapples with education reform, it is far too easy to initiate Band-Aid solutions. Single-sex education, ranging from single-sex classrooms to single-sex public schools, should exist as an option, but Title IX and equal protection standards must be satisfied. The first section of this article discusses the historical perspective …

Recurring Problems In Indian Gaming, Kevin Washburn

Faculty Scholarship

This essay briefly summarizes the history and legal framework of Indian gaming, describes the recent growth in the industry, and discusses some of the legal controversies that have been repeated across the country as states and tribes adjust to their respective roles in the Indian gaming industry.

Unm Health Sciences Center Data Book 2000-01, University Of New Mexico - Health Sciences Center

Health Sciences Center Databook (1990-ongoing)

No abstract provided.

The Relationship Between Academic Self-Concept And The Achievement Expectancies On The Academic Achievement And Persistence Rate Of African-American Freshmen Students, Ira Falls Iii

Theses and Dissertations in Urban Services - Urban Education

This study addressed the use of certain noncognitive variables and their relationship to the academic achievement and persistence rate of African-American freshmen students attending a large, predominately white institution. Academic achievement was defined as a student's cumulative college grade point average and cumulative credits earned at the end of the freshmen year of study. Persistence rate was defined as the number of freshmen who enrolled compared to the percentage of those who re-enrolled for the Fall semester of their sophomore year. Moreover, the purpose of this study was to identify selected variables that are associated with increased African-American academic achievement …

Caste, Desire, And The Representation Of The Gendered Other In U. R. Ananthamurthy's “Samskara,” “Ghatashraddha,” And “Akkayya”, Krishna Manavalli

English Theses & Dissertations

U.R. Ananthamurthy is an important Kannada writer who is situated in the navya (modern) literary movement that emerged in Karnataka in the post-independence South Indian context. This modern writer's works provide crucial insights into the postcolonial tensions of tradition-modernity, which figure importantly in modern Kannada literature. They engage with the issues of caste and gender in terms of the conflict between tradition and progress in the modern South Indian cultural discourse. Ananthamurthy's novel Samskara written in the 60's, and his short story “Ghatashraddha,” and “Akkayya,” written later, show how this writer's location within the upper caste discourse impacts his commitment …

Mathematical Models Of Quiescent Solar Prominences, Iain Mckaig

Mathematics & Statistics Theses & Dissertations

Magnetic fields in the solar atmosphere suspend and insulate dense regions of cool plasma known as prominences. The convection zone may be the mechanism that both generates and expels this magnetic flux through the photosphere in order to make these formations possible. The connection is examined here by modeling the convection zone as both one-dimensional, then more realistically, two-dimensional.

First a Dirichlet problem on a semi-infinite strip is solved using conformal mapping and the method of images. The base of the strip represents the photosphere where a current distribution can be given as a boundary condition, and the strip extends …

Remarks On Ucita In Practice: Attorney Views, Richard Grier

Richmond Journal of Law & Technology

I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization

Book Reviews

New Mexico Historical Review

No abstract provided.

Preemption & (And) Supplementation Under Revised 1-103: The Role Of Common Law &(And) Equity In The New U.C.C., Sarah Howard Jenkins

SMU Law Review

No abstract provided.

Contractual Choice Of Law: Legislative Choice In An Era Of Party Autonomy, William J. Woodward Jr.

SMU Law Review

No abstract provided.

Property Concepts In The Revised U.C.C. Articles 2 And 9 Are Alive And Well, Linda J. Rusch

SMU Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Taxation, Cynthia M. Ohlenforst, Jeff W. Dorrill, Lora G. Davis

SMU Law Review

No abstract provided.

Technology Risks And Liabilities: Are You Covered?, Robert M. Roach Jr., Daniel L. Mckay

SMU Law Review

No abstract provided.

The New-Millennium Dilemma: Does Reliance On The Use Of Computer Servers And Websites In A Global Electronic Commerce Environment Necessitate A Revision To The Current Definition Of A Permanent Establishment, Randolph J. Buchanan

SMU Law Review

No abstract provided.

Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantú

Faculty Articles

Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances where the defendant has, for his own purpose, created an abnormal risk of harm to those surrounding him, and therefore should pay for any resulting injury. Section 520 of the Restatement (Second) of Torts explains how one weighs the risk of harm emanating from ultra-hazardous activities against the appropriateness to its surroundings. This is not, however, how one determines the applicability of strict liability in the area of defective …