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- 1915 Declaration of Principles of AAUP;Academic Freedom;Colleges and Universities;Dartmouth College Decision;Impairment of Contracts Clause;State Action (1)
- 250th Anniversary;Contracts Clause;Daniel Webster;Dartmouth College;Dartmouth College Case;Individual Rights;Private Colleges;Symposium;Trustees of Dartmouth College v. Woodward (1)
- 250th Anniversary;Daniel Webster;Dartmouth College;Dartmouth College Case;Symposium;Trustees of Dartmouth College v. Woodward (1)
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- Art Law;Attorneys General;Charitable Trusts;Estate Planning;Nonprofits;Probate Court (1)
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Articles 1 - 17 of 17
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Masthead, Editorial Board
Masthead, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
Table Of Contents, Editorial Board
Table Of Contents, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
Editor's Foreward, Editorial Board
Editor's Foreward, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
From Impairment Of Contracts To Institutional Academic Freedom: The Enduring Significance Of The Dartmouth College Case, David M. Rabban
From Impairment Of Contracts To Institutional Academic Freedom: The Enduring Significance Of The Dartmouth College Case, David M. Rabban
The University of New Hampshire Law Review
No abstract provided.
The Dartmouth College Case And The Founding Of Historically Black Colleges, Kate Stith, Claire Blumenthal
The Dartmouth College Case And The Founding Of Historically Black Colleges, Kate Stith, Claire Blumenthal
The University of New Hampshire Law Review
No abstract provided.
Doctrinal Evolution And The Right Against Self-Incrimination, Eliot T. Tracz
Doctrinal Evolution And The Right Against Self-Incrimination, Eliot T. Tracz
The University of New Hampshire Law Review
The Fifth Amendment’s right against self-incrimination is one of the most well-known constitutional protections as it is often referenced in movies, television shows, and in the news. Despite this wide-spread awareness of the right against self-incrimination, the Federal Circuit Courts remain split over whether the right attaches before or during trial. The specific point of contention is when a “criminal case” commences.
This article examines the history of the right against self-incrimination beginning with its common-law origins in Great Britain. The evolution of the right against self-incrimination is explored up to the present-day circuit split, and the cases involved in …
First In Elections, First In Reforms: Can New Hampshire Be First In The Nation To Implement Changes To Campaign Finance?, Lisa M. Bianco
First In Elections, First In Reforms: Can New Hampshire Be First In The Nation To Implement Changes To Campaign Finance?, Lisa M. Bianco
The University of New Hampshire Law Review
As Americans prepare for the 2020 presidential election, one thing is for certain—the candidates will make their way into your home. While they might not physically step foot into your living room, they will appear on your television, on your laptop, and on your phone. Why? Because in the United States, campaigns are won by candidates communicating with you, the voters. It is not feasible to physically shake hands with the entire population of the country. Instead, individuals running for office have to introduce themselves to voters some other way. Television advertisements, sponsored posts on social media, and robocalls are …
Wax, Wick, And Flame: Performing Daniel Webster's Peroration From The Dartmouth College Case, Thomas S. Burack
Wax, Wick, And Flame: Performing Daniel Webster's Peroration From The Dartmouth College Case, Thomas S. Burack
The University of New Hampshire Law Review
No abstract provided.
Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young
Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young
The University of New Hampshire Law Review
No abstract provided.
Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman
Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman
The University of New Hampshire Law Review
When scholars discuss Judge Learned Hand’s approach to contract interpretation, they refer to him as a “great formalist commercial lawyer” who was a “pure objectivist” exhibiting a “crusader’s zeal” for the objective theory of contract. He is identified as a leading advocate of the classical approach to contract interpretation, which dominated American law in the late nineteenth and early twentieth centuries. But Hand’s reputation—built from three of his opinions—clashes with his reputation as a pre-Realist critic of formalism and as an intentionalist in statutory interpretation. This Article explores just how far Hand applied a strict objective approach to contract interpretation …
No Good Deed Goes Unpunished: How The New Hampshire Probate Court Has Strengthened The Power Of The Attorney General In Charitable Trust Suits, Angelina M. Spilios
No Good Deed Goes Unpunished: How The New Hampshire Probate Court Has Strengthened The Power Of The Attorney General In Charitable Trust Suits, Angelina M. Spilios
The University of New Hampshire Law Review
As Americans increasingly use estate planning tools to provide for their favorite charities, the charitable trust is an important instrument that fits uniquely into general trust law. While charitable trusts are similar to private trusts to a great extent, there are also some critical differences between the two vehicles, especially regarding their enforcement. Specifically, state attorneys general play a special role in the enforcement of charitable trusts. This Note examines this special role of the state attorney general—namely, how trustees interact with the attorney general, arguments for why the role of the attorney general needs to be reformed or eliminated, …
Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery
Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery
The University of New Hampshire Law Review
The Senate proceedings occasioned by Dr. Christine Blasey Ford’s allegation against Justice Brett Kavanaugh left the then-nominee calling them a “circus” and observers confused about who was supposed to prove what and by what standard. Since the Senate is ill-suited to sorting out cases and controversies (and since the Ford-Kavanaugh matter will surely not be the last of its kind), the Senate should adopt standards (burdens of proof) for future judicial-nominee proceedings that it borrows from a sister branch—the judiciary.
In any proceeding, the burden must be laded—it must be determined which party has the burden in the first place. …
Masthead, Editorial Board
Masthead, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
Confronting A Monument: The Great Chief Justice In An Age Of Historical Reckoning, Michael S. Lewis
Confronting A Monument: The Great Chief Justice In An Age Of Historical Reckoning, Michael S. Lewis
The University of New Hampshire Law Review
The year 2018 brought us two new studies of Chief Justice John Marshall. Together, they provide a platform for discussing Marshall and his role in shaping American law. They also provide a platform for discussing the uses of American history in American law and the value of an historian’s truthful, careful, complete, and accurate accounting of American history, particularly in an area as sensitive as American slavery.
One of the books reviewed, Without Precedent, by Professor Joel Richard Paul, provides an account of Chief Justice Marshall that is consistent with the standard narrative. That standard narrative has consistently made …
Environmental Personhood And Standing For Nature: Examining The Colorado River Case, Matthew Miller
Environmental Personhood And Standing For Nature: Examining The Colorado River Case, Matthew Miller
The University of New Hampshire Law Review
As the planet faces the growing threat of climate change, environmental advocates are searching for alternative legal avenues to protect natural entities in the courts. In 2017, the Colorado River Ecosystem brought a lawsuit against the State of Colorado for violating its constitutional rights. The advocates behind this action were seeking to establish in federal court two doctrines that have made strides in other countries as part of the international Rights of Nature movement: environmental personhood and standing for nature. Environmental personhood would recognize natural entities as legal persons, endowing them with corresponding rights and duties under the law. Standing …
Table Of Contents, Editorial Board
Table Of Contents, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
The Low Water Mark For Beach Access: Defending Government Protection Of Intertidal Recreation As A Lawful Exercise Of State Power, Alexander Gazikas
The Low Water Mark For Beach Access: Defending Government Protection Of Intertidal Recreation As A Lawful Exercise Of State Power, Alexander Gazikas
The University of New Hampshire Law Review
Beaches are a natural resource ideally suited for public recreation. The public generally has a right to access this intertidal land, but the purpose and scope of public access vary greatly between states. Consistent with national trends toward greater public access, the legislatures of Massachusetts and Maine have attempted to expand public beach access rights to include the right to engage in general recreation below the mean high tide line. However, the Supreme Judicial Courts of both states have declared that such legislation would be an unconstitutional taking of property requiring compensation to the abutting landowners and held that public …