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Multineutrosophic Analysis of Financial Statements as a Basis for Strategic Decision-Making in Uncertain Environments
No full textm-Polar Quadripartitioned Neutrosophic Graphs with Applications in Decision-Making for Mobile Network Selection
No full textImproving and Boosting Higher Education Competitiveness: Assessment, Ranking, and Analysis using TreeSoft Set
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HSLIC 5 Year Review Self-Study
No full texthttps://digitalrepository.unm.edu/hslic-annual-reports/1052/thumbnail.jp
OER Grant Evaluation Checklist (Rubric)
No full textThis checklist was created for faculty to use while they are preparing their grant proposal. The checklist can help faculty ensure they are ready to submit all the grant application requirements.https://digitalrepository.unm.edu/nmoer_consortium_grant/1003/thumbnail.jp
Arbitrating with Indian Tribes: Separability, Tribal Sovereign Immunity, and Exhaustion of Tribal Remedies
No full textIndian tribes have emerged as significant contributors to the national and regional economies, notably through industries such as gaming, natural resource extraction, technology, and consumer lending. This increasing commercial activity brings with it increasing commercial disputes. Both Indian tribes and their nonmember counterparts need a fair and reliable forum to ensure that agreements are performed, loans repaid, and avoidable harms compensated. But the complex legal landscape of tribal sovereignty and jurisdiction complicates dispute resolution involving tribes. Tribes’ status as sovereign entities raises challenging issues of federal and state court jurisdiction, tribal sovereign immunity, and exhaustion of tribal remedies. Arbitration offers a potential solution, allowing parties to avoid perceived jurisdictional biases and tailor legal processes to their needs. This Article examines the interplay between arbitration and federal Indian law, focusing on the doctrines of separability, delegation, sovereign immunity, and exhaustion of tribal remedies, in the enforcement of arbitration agreements. It argues that, given current Supreme Court precedent, standard commercial arbitration agreements should be interpreted as waiving tribal sovereign immunity concerning arbitrability issues, directing disputes to arbitration rather than courts. Adopting a clear rule could enhance economic opportunities for tribes while preserving their sovereignty, while reducing uncertainty for non-Indian commercial actors, thereby fostering economic growth in Indian Country
Walking the Line on Safety and Free Speech: Sidestepping First Amendment Challenges to Median Bans
No full textIn 2021, the Tenth Circuit held a ban targeting pedestrians on street medians in Albuquerque, New Mexico unconstitutional under the First Amendment. Citing a crisis of pedestrian fatalities, Albuquerque has since promulgated a new pedestrian-safety ordinance with an adjusted median ban that prohibits pedestrians from sitting or standing on certain street medians. This ban not only fails to increase pedestrian safety but also arbitrarily blames the city’s poorest residents and poses a threat to First Amendment freedoms. Because the city cannot produce case-specific evidence to show that the ban is narrowly tailored to ameliorate a nonspeculative harm, the current ban in Albuquerque should be struck down as an improper time, place, and manner regulation. Instead of walking the line on safety and free speech, local governments should sidestep the issue altogether. Municipalities like Albuquerque should support charitable solicitors instead of criminalizing conduct critical to the survival of those who must panhandle along city streets. Proposed alternatives include mobile outreach and support services, deflection programs, and daily labor initiatives