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Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

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

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 University of New Hampshire Law Review

No abstract provided.

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

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

The University of New Hampshire Law Review

No abstract provided.

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

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 …

Interpersonal Relationships And The Effects Of Immigrant Status On Educational Attainment Of Immigrant Youth In The U.S., Rachel Diharce

Perspectives

This literature review looks at the effects of immigrant status on educational achievement among immigrant youth in the United States. The massive influx of families immigrating to the United States in the past decade has brought an increasing amount of immigrant youth coming into US public schools. Educational achievement is one of the biggest predictors of life long success. Social class, race/ethnicity, cultural orientations and quality of schooling before and after migration are all factors that influence immigrant youths’ educational outcomes. However, the foundational influencer of immigrant youth’s educational outcomes are interpersonal relationships that immigrant youth have with their family, …

Max Weber And The Opioid Crisis, Hannah Pease

Perspectives

No abstract provided.

How Many Likes Is Your Life Worth? The Relationship Between Social Media Use And Self-Esteem Among Adolescents, Kristin Wiewel

Perspectives

No abstract provided.

“Discreet Masc”: Non-Heterosexual Male Identities In Urban And Rural New Hampshire, Evan T. England

Perspectives

Many subcultural identities exist within male culture. Identities may vary by geographical location, and further intersectional research is needed in the fields of gender and sexuality as they relate to location. By examining a sample of 600 social networking app profiles, the present study establishes that experiences of masculinity vary significantly for non-heterosexual men based on their urban or rural setting. Men in rural locations are more inclined to assume traditionally masculine identities, and as such, a claim to an inconspicuous and heteronormative position in the masculinity hierarchy. Even so, “discreet and masculine” men must find ways to connect to …

The Impact Of Abstinence-Only Sex Education Programs In The United States On Adolescent Sexual Outcomes, Sonja W. Heels

Perspectives

Though there are many evaluations of abstinence-only sex education programs in the United States, there is a relatively small body of literature exploring the programs’ impact specifically on adolescent sexual behavior. Thus, the purpose of this literature review is to examine the impact of abstinence-only sex education programs on adolescent sexual outcomes. The phrase “sexual outcomes” refers to attitudes, behaviors, and experiences of adolescents as a result of their sex education. After an overview of sex education in the United States, I discuss three major themes found in the most recent literature: abstinence and delaying the initiation of sex, consequences …

Age At The Start Of Birth Control Use And How It Affects Safe Sex Decision Making, Lea Iuliano

Perspectives

In this research, I wanted to explore age at the start of birth control use and whether that has an effect on safe sex decision making in a sexual situation. To gather findings, a survey was administered to UNH students. There was a total of 393 respondents. 322 people answered the independent variable question and 321 people answered the dependent variable question. The independent variable question in the survey asked; “Before entering college, did you ever use birth control (such as condom, pill, IUD, etc.)” and the dependent variable question asked; ‘‘Have you ever had sex without birth control because …

Author Biographies, Perspectives Editors

Perspectives

No abstract provided.

Comm-Entary, Spring 2019 - Full Issue

Comm-entary

In this issue:

We Are the Crystal Gems: Themes of Identity in Steven Universe by Hannah Baum

A Media Analysis of ‘Nikes’ by Frank Ocean by Emily Bourne

Street Art: A Crime or a Movement by Taylor Chieffalo

Sorry (Not Sorry): Who Carries the Weight of Digital Public Shaming? by Eva Ford

Directed Versus Reflective Gestures by Jordan Kafka

How a Generation is Changing a Century-Long Stigma by Kristiana Osbourne

David Koresh: Irreverently Divine by Kieran Reardon

It’s Like, A Highlighter: A focus on responses to the ‘Focalizer Like’ by Matthew Santangelo

#Aerie Man: An Analysis by Grace Smith

Living …

The Anti-Internet Crusade: A Rhetorical Analysis, Kelsey Flannery

Comm-entary

Honors Research Project.

Advised by Michelle Gibbons.

The purpose of this analysis is to understand the successful uses of rhetorical strategies in “tech backlash” discourse, taking Tristan Harris’s TEDTalk “How a Handful of Tech Companies Control Billions of Minds Every Day” and the website Center For Humane Technology as examples. Harris is one of the few speaking out on the necessity for a “tech backlash.” The tech back lash is a term created to explain the current reaction to increased technology use and internet dependence. I will introduce research completed on the creation of the digital society over the last …

About The Authors

Comm-entary

No abstract provided.

Media In Crisis: Journalistic Norms In Natural Disaster Coverage, Lindsey Hall

Comm-entary

An honors thesis.

Advised by: Dr. Kate Zambon

Nearing the end of 2017, the United States and the Caribbean were struck with back-to- back natural disasters that left the country in shock and turmoil. Among the three hurricanes that struck sequentially, Hurricane Harvey landed in Texas approximately on August 25th, 2017 and Hurricane Maria hit the Caribbean and Puerto Rico around September 20th, 2017. These disasters were a test for the new presidential cabinet of how they would handle their first natural disaster. Hurricane Maria and Hurricane Harvey caused similar levels of destruction, with Maria being a category five storm …

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

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

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

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

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

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 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 …

An Autoethnography Exercise:Deep-Thinking, Art, And Contemplation In Socio-Cultural Anthropology*, Pr. Svetlana Peshkova

Spectrum

No abstract provided.

Libraries Against Capitalism, Caitlin Burnett

Spectrum

No abstract provided.