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2008

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Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson Jan 2008

Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson

Faculty Scholarship

Whether a conclusory allegation that a cabinet-level officer or other high-ranking official knew of, condoned, or agreed to subject a plaintiff to allegedly unconstitutional acts purportedly committed by subordinate officials is sufficient to state individual-capacity claims against those officials under Bivens.

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American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn Jan 2008

American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn

Faculty Scholarship

Opening remarks.

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“Professionalization: Overview” & “Professionalization: Europe”, Charles E. Mcclelland Jan 2008

“Professionalization: Overview” & “Professionalization: Europe”, Charles E. Mcclelland

History Faculty Publications

Two entries in a large encyclopedia of the social sciences.

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Data Users Conference Data Abstract_2008, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department Jan 2008

Data Users Conference Data Abstract_2008, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department

Historic Publications

DATA USERS CONFERENCE.

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Data Users Conference State Data_2008, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department Jan 2008

Data Users Conference State Data_2008, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department

Historic Publications

DATA USERS CONFERENCE.

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County Profiles_2008, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department Jan 2008

County Profiles_2008, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department

Historic Publications

DATA USERS CONFERENCE.

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Unm Hslic Strategic Plan Fy2008 - Fy2010, Sally Bowler-Hill Jan 2008

Unm Hslic Strategic Plan Fy2008 - Fy2010, Sally Bowler-Hill

HSLIC Strategic Plans

No abstract provided.

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Mph Theory & Practice Seminar Assignment Three: Public Health Informatics Sample Search As Possible Role Models 2008, Jonathan Eldredge Jan 2008

Mph Theory & Practice Seminar Assignment Three: Public Health Informatics Sample Search As Possible Role Models 2008, Jonathan Eldredge

Theory and Practice Seminars 2001-2009

No abstract provided.

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Statistical Abstract And Data Sources _2008, University Of New Mexico Bureau Of Business And Economic Research Jan 2008

Statistical Abstract And Data Sources _2008, University Of New Mexico Bureau Of Business And Economic Research

BBER Publications

This report provides a comprehensive overview of New Mexico's economy in 2008, including economic forecasts, employment trends, population change, exports, manufacturing, tourism, county profiles, and comparative state data. Prepared for the Annual Economic Outlook Conference, it serves as a reference resource for researchers, planners, businesses, and policymakers seeking current demographic and economic information on New Mexico.

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The Utes Must Go! Book Review, Alison Fields Jan 2008

The Utes Must Go! Book Review, Alison Fields

American Studies Faculty and Staff Publications

Peter Decker has held many public roles in Colorado, from commissioner of agriculture to chair of the board of trustees for Fort Lewis College. But it was a discovery that occurred on his own ranch that caused him to delve into the state's history. Coming across several arrowheads while repairing a fence, he wondered about the band of Utes who once lived and hunted on his property. How long had they been here, and what forces drove them from western Colorado? On lands now dominated by cattle ranches and ski resorts, why did so few current residents have real knowledge …

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Guarding Life's Dark Secrets: Legal And Social Controls Over Reputation, Propriety, And Privacy Book Review, Alex Lubin Jan 2008

Guarding Life's Dark Secrets: Legal And Social Controls Over Reputation, Propriety, And Privacy Book Review, Alex Lubin

American Studies Faculty and Staff Publications

This short but well-researched and well-written book adds to the existing literature about the origins of the Cold War national security state and about the link between international crisis and domestic surveillance. The book confirms previous portraits of FDR as a president with a somewhat relaxed view of civil liberties, and it shows compellingly how Hoover perfected the use of criminal investigations, launched to find evidence of unlawful activities and to gather, file, and disseminate political and other forms of noncriminal intelligence. It therefore fills a void in the scholarship on the FBI, which has tended to focus on the …

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On The Internal Border: Colonial Difference, The Cold War, And The Locations Of "Underdevelopment", Alyosha Goldstein Jan 2008

On The Internal Border: Colonial Difference, The Cold War, And The Locations Of "Underdevelopment", Alyosha Goldstein

American Studies Faculty and Staff Publications

In 1962, the recently established Peace Corps announced plans for an intensive field training initiative that would acclimate the agency's burgeoning multitude of volunteers to the conditions of poverty in "underdeveloped" countries and immerse them in "foreign" cultures ostensibly similar to where they would be later stationed. This training was designed to be "as realistic as possible, to give volunteers a 'feel' of the situation they will face." With this purpose in mind, the Second Annual Report of the Peace Corps recounted, "Trainees bound for social work in Colombian city slums were given on-the-job training in New York City's Spanish …

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American Sovereigns: The People And America's Constitutional Tradition Before The Civil War, Christian G. Fritz Jan 2008

American Sovereigns: The People And America's Constitutional Tradition Before The Civil War, Christian G. Fritz

Faculty Book Display Case

American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory, and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity -- the people -- would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. …

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Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya Jan 2008

Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya

Faculty Scholarship

The performance that is the basis for this joint publication was performed at the Harriet Tubman Theatre at the National Underground Railroad Justice Center in Cincinnati, Ohio. The two of us, Christine Zuni Cruz, a Pueblo woman from the Rio Grande Pueblos of Oke Owingeh and lsleta in New Mexico, and Margaret Montoya, a mestiza/Chicana from northern New Mexico, using both our personal voices and our professional voices as legal scholars, enacted the theatrical performance, a conversation between two women of color from different communities with different identities. This performance experiments with both method and content. The method is a …

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Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya Jan 2008

Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya

Faculty Scholarship

Building community, that is, sustaining our connections to family and our ancestry is often hampered by going to law school. Law schools are highly adept at assimilating you into a profession and a worldview that can be at odds with who you were and how you saw the world before you began law school. Unfortunately, in order to fit in, it can seem advantageous to forget tus ralces, your roots. I began by talking about unigndo comunidades as a progressive objective and have been talking about the second part of your conference theme, learning lessons and mobilizing for change, as …

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Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson Jan 2008

Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson

Faculty Scholarship

Nearly thirty years ago, the U.S. Supreme Court decided whether the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has expended more than $100 million.' Stunningly, the fish won, because the language, history, and structure of the Endangered Species Act showed 'beyond doubt that Congress intended endangered species to be afforded the highest of priorities.' The Court acknowledged that this view of the statute would carry substantial economic costs, but was persuaded that '[t]he plain intent of Congress …

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The New Mexican Response To The End Of The Second World War, Ferenc M. Szaz, George E. Webb Jan 2008

The New Mexican Response To The End Of The Second World War, Ferenc M. Szaz, George E. Webb

New Mexico Historical Review

No abstract provided.

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Full Issue, New Mexico Historical Review Jan 2008

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

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Protestants, Catholics, And The State: The Origins Of Public Education In Territorial New Mexico, 1846–1912, Jon Wallace Jan 2008

Protestants, Catholics, And The State: The Origins Of Public Education In Territorial New Mexico, 1846–1912, Jon Wallace

New Mexico Historical Review

No abstract provided.

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Book Reviews Jan 2008

Book Reviews

New Mexico Historical Review

No abstract provided.

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An Exploratory Survey Of The Experiences Of Homophobic Bullying Among Lesbian, Gay, Bisexual And Transgendered Young People In Ireland, Stephen James Minton, Torunn Dahl, Moore Am O’, Donnely Tuck Jan 2008

An Exploratory Survey Of The Experiences Of Homophobic Bullying Among Lesbian, Gay, Bisexual And Transgendered Young People In Ireland, Stephen James Minton, Torunn Dahl, Moore Am O’, Donnely Tuck

School of Psychology

No abstract provided.

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Methods In Industrial Biotechnology For Chemical Engineers, Florentin Smarandache, W.B. Vasantha Kandasamy Jan 2008

Methods In Industrial Biotechnology For Chemical Engineers, Florentin Smarandache, W.B. Vasantha Kandasamy

Branch Mathematics and Statistics Faculty and Staff Publications

Industrial Biotechnology is an interdisciplinary topic to which tools of modern biotechnology are applied for finding proper proportion of raw mix of chemicals, determination of set points, finding the flow rates etc., This study is significant as it results in better economy, quality product and control of pollution. The authors in this book have given only methods of industrial biotechnology mainly to help researchers, students and chemical engineers. Since biotechnology concerns practical and diverse applications including production of new drugs, clearing up pollution etc. we have in this book given methods to control pollution in chemical industries as it has …

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Old Blood, Bad Blood, And Youngblood: Due Process, Lost Evidence, And The Limits Of Bad Faith, Norman C. Bay Jan 2008

Old Blood, Bad Blood, And Youngblood: Due Process, Lost Evidence, And The Limits Of Bad Faith, Norman C. Bay

Faculty Scholarship

Under the law of lost evidence, absent a showing of bad faith, no due process violation occurs when the police lose potentially exculpatory evidence. This is so even though the evidence may be critical to the defense and even though post-conviction DNA testing has exonerated more than 200 individuals. Ironically, the case that developed that rule of law, Arizona v. Youngblood, is founded on the conviction of an innocent man. This Article critically examines Youngblood and provides a conceptual framework for examining the constitutional right of access to evidence. Supreme Court precedent reflects two different, sometimes competing, visions of procedural …

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Taxation Without Liquidation: Rethinking "Ability To Pay", Sergio Pareja Jan 2008

Taxation Without Liquidation: Rethinking "Ability To Pay", Sergio Pareja

Faculty Scholarship

This Article proposes a novel way to tax wealth transfers. Specifically, it suggests that we divide all assets transferred by gift or bequest into two classes--illiquid assets and liquid assets. The recipient should include those assets in income but be allowed two options. With respect to illiquid assets, the recipient should be able to avoid immediate income inclusion if he takes the property with an income-tax basis of zero. With respect to liquid assets, the recipient should be allowed a full income-tax deduction if he rolls the gift or bequest into a deductible IRA. The combination of these simple rules …

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Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu Jan 2008

Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu

Faculty Scholarship

This Article examines segregation and affirmative action in a different context-that of gender. Title IX of the Education Amendments of 1972 ("Title IX") l° prohibits discrimination on the basis of gender in education programs or activities that receive federal financial assistance. The regulations implementing Title IX, however, explicitly permit recipients of federal funding to offer single-sex schools, classes, and extracurricular activities. The regulations also permit recipients to "take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.” This Article discusses whether and to what extent the affirmative action provision …

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The Sikh Turban: Post-9/11 Challenges To This Article Of Faith, Dawinder S. Sidhu, Hena Singh Gohil Jan 2008

The Sikh Turban: Post-9/11 Challenges To This Article Of Faith, Dawinder S. Sidhu, Hena Singh Gohil

Faculty Scholarship

This essay examines how the turban has transformed from a sacred piece of attire for Sikhs to a target for discriminatory conduct and an object of marginalization after 9/11. Part I provides an introduction to Sikhism, which originated in 17th century South Asia, and discusses the religious significance of the Sikh turban. Part II examines incidents of discrimination in several contexts involving turbaned Sikhs in America. Part III analyzes the debate surrounding assimilation that has been taking place in the West, which implicates conspicuous articles of faith, including the Sikh turban. The essay also explores the legal remedies available to …

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The Alchemy Of Exile: Strengthening A Culture Of Human Rights In The Burundian Refugee Camps In Tanzania, Jennifer Moore Jan 2008

The Alchemy Of Exile: Strengthening A Culture Of Human Rights In The Burundian Refugee Camps In Tanzania, Jennifer Moore

Faculty Scholarship

This Article suggests that our analysis of U.S. immigration policy should also be informed by a broader consideration of the experiences of immigrants and refugees in other parts of the world, including those who will never come to the United States. As we examine the moral, legal, and pragmatic imperatives behind the evolution of U.S. immigration policy, we should bear in mind the historical, political, economic, and cultural realities facing developing countries that host refugees from within their own regions. For some observers, such a global perspective might support calls for greater receptivity to immigrants in the United States. For …

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Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis Jan 2008

Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis

Faculty Scholarship

This article critiques Sex Offender Registration and Notification Act [SORNA] and places it in the context of the broader scheme of public safety and criminal jurisdiction on Indian reservations. Part I briefly explains the jurisdictional background of criminal law and regulatory authority on Indian lands. Part II discusses the particular development of federal and tribal sex offender registration and notification laws. Part III explains how SORNA engages Indian tribes and other registration jurisdictions as a prelude to discussion of the obstacles of effective implementation on Indian lands. Part IV offers some criticisms of SORNA for further fragmenting regulatory and criminal …

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The Legacy Of Bryan V. Itasca County: How An Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion In Indian Gaming Revenue, Kevin Washburn Jan 2008

The Legacy Of Bryan V. Itasca County: How An Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion In Indian Gaming Revenue, Kevin Washburn

Faculty Scholarship

This Article places Bryan v. Itasca County in historical context and gives credit where credit is due. From the perspective of three decades, it describes the litigation and its ramifications, and highlights the work of the legal services attorneys who brought Indian tribes this landmark victory. Part I briefly describes the litigation through the state supreme court. Part II discusses, in much greater detail, the appeal to the U.S. Supreme Court. Part III analyzes the unanimous Supreme Court opinion reversing the state courts and describes the breathtaking scope of the opinion, as well as its implications. Part IV briefly describes …

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Disability Advocacy And Atkins, James W. Ellis Jan 2008

Disability Advocacy And Atkins, James W. Ellis

Faculty Scholarship

This Article examines the correlation between the Court's perception and its resolution of the constitutional issues, most dramatically exhibited in Atkins. Part II of this Article briefly examines the history of discrimination against persons with mental retardation. Part III of this Article traces the history of the Court's decisions involving persons with mental retardation, giving special attention to the way in which the Justices' opinions reveal their apparent understanding of mental retardation and the relationship between individuals who have the disability and the law.5 Finally, Part IV addresses the Atkins opinion itself, with emphasis on the Court's understanding of mental …

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