Digital Commons Network^™

Sales Gone Wild: Will The Ftc's Business Opportunity Rule Put An End To Pyramid Marketing Schemes?, Sergio Pareja

Faculty Scholarship

This article analyzes the anticipated effect of the FTC's Business Opportunity Rule on pyramid marketing schemes. Pyramid marketing schemes consistently rank in the top ten lists of consumer complaints received by the FTC and state consumer protection divisions, victimizing 1.5 million Americans a year. One recent class action settlement demonstrated that the victims, who are often relatively poor and uneducated, had an average loss of approximately $8,000 each. The FTC has promulgated a new Business Opportunity Rule in an effort to end these abuses. Promotors of business opportunities will be required to comply with the new rule beginning on July …

Leading Change In Legal Education - Educating Lawyers And Best Practices: Good News For Diversity, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Faculty Scholarship

This article documents the purposes and reasons for the development of the Tribal Law Journal, the University of New Mexico School of Laws electronic journal created to promote scholarship on tribal law and the Indigenous legal tradition. It discusses the use of the internet for the work of the journal and of the need to increase an understanding and awareness of the law of Indigenous peoples. The diversity of indigenous peoples, in and of itself, requires unique approaches to the discussion of tribal law. The article considers how the Zapatista Movement in Chiapas utilized the internet. The Zapatista's engagement of …

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 …

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 …

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.

A Sports Seminar With A Free Agent Market Exercise, Alfred Dennis Mathewson

Faculty Scholarship

I have taught a seminar in sports law for approximately twenty years. The course has always included an exercise concerning the negotiation of a professional player contract. At one time, I used the baseball salary arbitration exercise that used to be included in previous editions of Ray Yasser's casebook. The negotiation exercise otherwise always has involved the representation of professional basketball players. I use basketball primarily because it is my favorite sport. I have been tempted to try baseball or football, but over time, familiarity with the exercise has created resistance to change.

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

Faculty Scholarship

Opening remarks.

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 …

Science Council Committee, Baltimore, Maryland, May, 2008, Long Term Ecological Research Network

Long Term Ecological Research Network

No abstract provided.

Mathematics And Science Partnerships (Msp) Participants, Mathematics And Science Partnerships

Long Term Ecological Research Network

A complete list of Mathematics and Science Partnerships (MSP) participants from 2008.

Msp Possible Strands Framework, Maya Isabel Lazzaro, Mathematics And Science Partnerships

Long Term Ecological Research Network

Document of "Possible Strands Framework" 2008

Includes Essential Tasks for Year 1 and Suggested Activities at PI Meeting.

Primary Drug Resistance To Anti-Tuberculous Drugs In Karachi, Arshad Javaid, Nadim Rizvi, Mosavir Ansari, Ashraf Sadiq, Iqbal Sher Burki, Nadeem Ur Rehman, Rumina Hasan, Afia Zafar

Department of Pathology and Laboratory Medicine

Objective: To assess the frequency of primary drug resistance among newly diagnosed tuberculosis cases in Karachi.
Study Design: Cross-sectional study.
Place and Duration of Study: Multicentric study involving various TB clinics and treatment centres of Karachi between April to December 2005.
Methodology: The frequency of drug resistance among new TB patients was evaluated using a non-probability convenient sampling methodology. Sputum sample was obtained from 140 newly diagnosed sputum smear-positive patients of pulmonary tuberculosis from various centres of Karachi. Sensitivities were performed by proportion method.
Results: Fifteen (11.5%) samples in 130 eligible patients showed primary resistance to one …

Primary Drug Resistance To Antituberculous Drugs In Nwfp Pakistan, Arshad Javaid, Abdul Ghafoor, Abdul Rab, Anila Basit, Zia Ullah, Shaukat Ali, Afia Zafar, Rumina Hasan

Department of Pathology and Laboratory Medicine

Objective: To assess the prevalence of Primary drug resistance to Antituberculous drugs in NWFP
Method: A cross-sectional prevalence study was undertaken to evaluate the prevalence of drug resistance among new TB patients, using a non-probability convenience sampling methodology. Sample size was calculated according to the population and WHO's estimated incidence of smear positive tuberculosis in the province/country. Sputum samples were obtained from 122 newly diagnosed patients of pulmonary tuberculosis from centres in Peshawar and Abbotabad in NWFP.
Results: Sensitivities were performed by proportion method which showed the following resistance values in 118 eligible patients: 15 (12.7 %) …

Hepatic Angiosarcoma With Metastasis To Small Intestine, Zubair Ahmad, Azizun Nisa, Romana Idrees, Khurram Minhas, Shahid Pervez, Khalid Mumtaz

Department of Pathology and Laboratory Medicine

Hepatic angiosarcomas are rare tumours with poor prognosis, with patients usually dying within 6 months. Metastases mainly occur in lymph nodes, spleen, lungs, bones and adrenals. Metastasis to small intestine is even rarer. Similarly, primary or metastatic angiosarcomas in small intestine are extremely rare, often present with recurrent gastrointestinal bleeding and anemia, and have an extremely poor prognosis. Both primary or metastatic intestinal angiosarcomas may exhibit epithelioid morphology. It may be very difficult to differentiate between primary and secondary cases in intestine and especially when the tumour exhibits epithelioid morphology.

School Of Law Annual Report 2007-2008, School Of Law Dean

Annual Reports -- Law School (1951-2013)

The annual report for the University of New Mexico School of Law for the period July 2007 through June 2008.

Bulletin And Handbook Of Policies, 2008-2009, University Of New Mexico School Of Law

Bulletin and Handbook of Policies

This Bulletin and Handbook of Policies, 2008-2009 reflects the current policies of the University of New Mexico School of Law and is intended as a source of information for questions concerning the Rules and Regulations of the Law School and other matters pertaining to a students law school career.'

Directors Personal Liability For Corporate Fault In The United States, Erik Gerding

Faculty Book Display Case

This book chapter outlines sources in U.S. law of personal liability for directors of corporations, with a focus on liability for wrongdoing by the corporation. The chapter surveys director liability: to creditors for violations of state corporation statutes (e.g., liability for defective incorporations, ultra vires corporate acts, and improper dividends, loans to directors, or dissolution); under common law veil piercing theories; under common law and statutes applying agency and director participation theories; and the responsible corporate officer' doctrine. The chapter provides a brief case study of potential director liability under CERCLA (the Superfund statute). The chapter briefly examines why U.S. …

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. …

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 …

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.

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 …

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 …

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 …

Biomedical Informatics Seminar Series (Biomiss) 2008 - 2009, Philip Kroth

Biomedical Informatics Seminar Series (BioMISS)

No abstract provided.

A French Trying To Understand American Football, Pierre-Yves Barbeau

Best Student Essays

Most students who attend UNM have grown up with American culture, so the perspective of someone to whom American culture is fresh can be both entertaining and enlightening. It affirms the value of a part of our university, a part whose usage of English is at times unique, and whose adventures here are perhaps too brief. Best Student Essays, Volume 20, No. 1, Spring, 2008

Fish Growth: Bertalanffy K Is Proportional To Reproductive Effort, Eric Charnov

Biology Faculty & Staff Publications

No abstract provided.

Testimonies Of The Spanish-Indigenous Conquest: Remando Cortés, Tepexic, And The Mixtecs, 1521-1590, Amos Megged

Colonial Latin American Historical Review

No abstract provided.

Criterios Sociales En La Cuba Esclavista Del Siglo Xix: Apuntes Para Estudiar La Identidad Racial, Claudia Varella

Colonial Latin American Historical Review

No abstract provided.

Herrnan L. Bennett, Colonial Blackness: A History Of Afro-Mexico, F. Daniel Althoff

Colonial Latin American Historical Review

No abstract provided.