CONTENTS
NOTES
ADMINISTRATIVE LAW—Whole Record Review and the Real Story Behind Walck v. City of Albuquerque 237
Phyllis M. Amato
COMMERCIAL LAW—The New Mexico Supreme Court Answers a Moot Question of Partnership Law: First National Bank in Albuquerque v. Sanchez 251
Christina Robles
COMMERCIAL LAW—And Then Personal Property Became Real Property: In re Anthony 263
Andrew A. Abeyta
CONTRACTS—New Mexico Adopts the Modem Approach to Interpreting Ambiguities: C.R. Anthony Company v. Loretto Mall Partners 281
Karla K. Poe
CONTRACTS—The Supreme Court Speaks Where the Legislature was Silent: Torrance County Mental Health Programs, Inc. v. New Mexico Health& Environment Department 291
Christopher A. Holland
CRIMINAL PROCEDURE—Search and Seizure of Person and Property: State v. Lovato 323
Julie M. Bardacke
FAMILY LAW—Custody Dispute Between Biological Mother and Non-biological, Non-adoptive Party: A.C. v. C.B. 331
S. Elizabeth Moore
RETROACTIVITY—Though Subsequent Case Found Price Affirmation Statutes Unconstitutional, Prior Opinion Would Be Applied: Stroh Brewery Co. v. Director of the New Mexico Department of Alcoholic Beverage Control 341
Anne-Kathryn Claassen
TORT LAW—The Application of the Rescue Doctrine Under Comparative Negligence Principles: Govich v. North American Systems, Inc. 349
Jennifer A. Noya
TORT LAW—Duty as a Matter of Policy Solon v. WEK Drilling 359
David J. Jaramillo
TORT LAW—Either the Parents or the Child May Claim Compensation for the Child's Medical and Non-Medical Damages: Lopez v. Southwest Community Health Services 373
Jessica Sutin
TORT LAW—Intentional Infliction of Emotional Distress in the Marital Context: Hakkila v. Hakkila 387
Heather S. Call
TORT LAW—New Mexico Imposes Strict Liability on a Private Employer of an Independent Contractor for Harm From Dangerous Work, but Bestows Immunity on a Government Employer: Saiz v. Belen School District 399
Jane Marshall Gagne
TORT LAW—Res Ipsa Loquitur in Medical Malpractice Actions: Mireles v. Broderick 411
Alan H. Konig
TORT LAW—Sovereign Immunity: No Waiver in Caillouette v. Hercules 423
Caren I. Friedman
COMMENTS
Coopting the Journalist's Privilege: Of Sources and Spray Paint 435
Daniel M. Faber
Lovelace Medical Center v. Mendez: A New Approach to Damages Awards in New Mexico 451
Lori McCamey Bencoe
Peremptory Exclusion of Spanish-Speaking Jurors: Could Hernandez v. New York Happen Here? 467
Andrew McGuire
Tribal Jurisdiction Under Section 1911(b) of the Indian Child Welfare Act of 1978: Are the States Respecting Indian Sovereignty? 479
Michael E. Connelly