Digital Commons Network^™

Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson, Jr.

The University of New Hampshire Law Review

No abstract provided.

Pervasive Infancy: Reassessing The Contract Capacity Of Adults In Modern America, Michael S. Lewis

The University of New Hampshire Law Review

This article argues that the law of consumer contracts should permit adults to access the same protections available to children where data about adult performance indicates that the two categories of people are similarly situated within the domain of consumer contracts. In making this claim, this article relies upon a description of capacity articulated by Professor Martha Nussbaum in her important work on the subject. Professor Nussbaum explains that capacity is a function, not only of a person’s innate capabilities, but of a person’s opportunity or ability to deploy those capabilities within environmental limitations. Capacity to contract in a free …

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.

Voiding The Ncaa Show-Cause Penalty: Analysis And Ramifications Of A California Court Decision And Where College Athletics And Show-Cause Penalties Go From Here, Josh Lens

The University of New Hampshire Law Review

In late 2018, a Los Angeles County Superior Court judge sent shockwaves through college athletics by ruling that the NCAA’s Committee on Infractions (“COI”) unlawfully restrained now-former University of Southern California (“USC”) assistant football coach Todd McNair’s career when it imposed a “show-cause” penalty on him. Judge Frederick Shaller therefore declared NCAA show-cause penalties void under California employment law.

For decades, the COI has utilized show-cause penalties to punish individuals who break NCAA rules. Reserved for more egregious violations, universities and administrators long treated show-cause orders as scarlet letters, typically terminating or refusing to hire coaches subject to them. That …

Junk Evidence: A Call To Scrutinize Historical Cell Site Location Evidence, Victoria Saxe

The University of New Hampshire Law Review

Historical cell site location information (CSLI) has been offered as objective, scientific location evidence in criminal trials, but is far less precise than the claims it is used to support. Not only is there no way to pinpoint a cellphone’s precise geographic location from historical CSLI, but there are also no known validation or error rates for the methodologies used to collect and analyze this data. A 2019 telecommunications scandal in Denmark revealed gross inadequacies in the cellphone data and software used by law enforcement to analyze this type of evidence. The scandal sent shockwaves through the country’s legal community …

Effects Of Socioeconomic Status And Race On Access To Healthcare In The United States, Madeline Ohlson

Perspectives

This literature review discusses the effects of an individual or community’s socioeconomic status and race on their access to healthcare in the United States as important and controversial. Health issues affect all Americans, yet inequalities still exist in the healthcare system. Aspects of socioeconomic status and race are prevalent factors in many social problems, especially in their significant influence on access to, quality of, and availability of healthcare that a person receives. The reviewed studies discuss how social stratification regarding socioeconomic status and race lead to disparities in the field of healthcare when discussing the quality of care, health insurance, …

Effects Of Social Capital On Student Academic Performance, Matthew Pincince

Perspectives

This study seeks to examine the relationship between networks of social relationships (social capital), and academic achievement (grade point average). It provides an introduction of the topic, relevant definitions and a brief literature review of supporting studies. The survey research presented in this study was taken from a convenience sample of the University of New Hampshire students (N=471). The study found that there were statistically significant results at the 0.01 alpha level supporting the existence of this relationship. Overall, there was a positive relationship between students that took more classes with friends as well as students that were involved in …

Sexual Harassment In Professional Settings Among College Students And Adults, Kaitlyn Sawler, Angel Brady

Perspectives

This paper looks at sexual harassment in the workplace, comparing nationwide General Social Survey data, Carsey School of Public Policy New Hampshire data, and the data from our study of UNH Durham students. Sexual harassment is being reported in high numbers across society leading to numerous negative impacts on a person’s physical and mental well-being. We hypothesize that participants in our study will experience sexual harassment less than participants in the nation and state-wide studies. We also hypothesized that female participants from our sample will have higher reportings of experiencing sexual harassment than the male participants. Using convenience sampling, participants …

Exploring Communicative Adaptations Of Minority Status Individuals: An Overview Of Code Switching Literature, Angelique Georges

Perspectives

The literature review provides an overview of the development of code switches, or the event in which one changes from a non-native language to a native language, in the field of sociology. Previous sociological studies largely explored the topic of code switch, as it related to how language impacts different minority groups, such as African Americans/Blacks, Latinx, and/or Asian individuals, in terms of employment and education opportunities. In general, treatment among minority status individuals were unequal and the literature mostly focused on the listener’s perspective. Thereupon, this literature review seeks to focus on the importance of studying the speaker’s perspective, …

Effects Of Parental Incarceration On Children’S Mental Health And Educational Success By Race And Gender, Julia Stergas

Perspectives

This literature review will evaluate the extent to which parental incarceration impacts children’s mental health and educational success and how these effects differ by race and gender. An introductory section will be followed by definitions of mental health, educational success, race, and gender as they appear in the literature. My discussion on mental health will focus on how parental incarceration places children at greater risk for poor mental health outcomes and how young boys and girls exhibit different mental health problems after experiencing parental incarceration. My discussion on educational success will focus on how parental incarceration is associated with children’s …

Author Biographies, Perspectives Editors

Perspectives

No abstract provided.

The Gift That Keeps On Giving: Investment Of Conservative Forces In Renewable Energy Technology, Sarah Jarrar

Spectrum

No abstract provided.

#Learnanthropologyliveanthropology Project, Crystina Friese

Spectrum

No abstract provided.

If You Know You Know Podcast, Crystina Friese, Hannah Harkins

Spectrum

No abstract provided.

Higher Education And The Workforce In Nh, Hannah Jean

Spectrum

No abstract provided.

The Fight For Mauna Kea, Audrey Coleman

Spectrum

No abstract provided.

Skeletal Analysis Reveals New Details About The Beginnings Of The American Slave Trade, Helen Brosnan

Spectrum

No abstract provided.

It’S All Relative: How Linguists And Anthropologists View Language Differently, Thomas Pedtke

Spectrum

No abstract provided.

Heritage Tourism, Shannon Anderson

Spectrum

No abstract provided.

Northeast Missing, Hannah Corrow, Shannon Mckelvey, Michaela Morrill, Victoria Slight, Audrey Waterman

Spectrum

No abstract provided.

About The Authors

Comm-entary

No abstract provided.

Comm-Entary, Spring 2020 - Full Issue

Comm-entary

In this issue:

Changing Dynamics in Digital Culture & Society: The Phenomenon of “Blackfishing” by Estefania De La Torre

A Royal Pain: Tensions of Womanhood in Padmaavat by Hannah Baum

A Narrative of Antiquity: An Analysis of the Shift in Ecclesiastical-Secular Power in Late Medieval and Early Renaissance Italy by Kyra Nelson

The Conflict over Cliché by David Hadley

Nano-Influencers as a Commodity by Caila Kilson-Kuchtic

Instagram On Paper: Journaling, Photography and Mindfulness by Emma Barresi

A Rhetorical Analysis of Twitter: ISTE Educational Technology Conference Exhibitors by Hannah Baum

DNA Databases: Problematic on Grounds of Constitutionality, Fallibility, and Discriminatory Practice …

Martin Luther King Day Keynote Address (January 20, 2020, The Kent School In Ct), Nelson Thomas

Comm-entary

On January 20th 2020, I had the opportunity to go back to my alma mater and address the school during their celebration of Martin Luther King Day as the Keynote Speaker! It was a wonderful experience to be able to able to address the school for this celebration! I hope that this message resonates with you as a viewer and serves as a reminder that no matter how small our platform we have the power to create an impact in our communities.

Instagram: https://www.instagram.com/bignel_21/

Twitter: https://twitter.com/BigNel_21

LinkedIn: www.linkedin.com/in/ecotextnelsonthomas

Representations Of Women: A Media Intentions And Effects Analysis Of The Popular Music Industry, Emily A. Bourne

Comm-entary

This thesis features a critical media effects analysis of the present United States music industry. Popular music and its associated production and promotion industry is overwhelmingly dominated by men and is correspondingly subject to the influence of dominant cultural ideologies. These ideologies include the oppression and marginalization of women and the furthering of their subordinate status within American culture. The projection of these inherently unjust principles not only reinscribes pre-established societal status quos, but also influences the general public to further internalize, develop, and reproduce them. These prompted understandings contribute to the lacking power and equality of women in society …

(Trade)Mark America Great Again: Should Political Slogans Be Able To Receive Trademark Protection?, Katherine Kerrick

The University of New Hampshire Law Review

In late 2016, Donald Trump was granted trademark protection for his presidential campaign slogan, “Make America Great Again.” This registration is one of few—if not the only—political slogans registered as a trademark with the USPTO. Four years later, and four years after the completion of the presidential campaign which effectuated the slogan, the MAGA registration is still live and President Trump and his campaign committee continue to sell merchandise featuring the slogan prominently. However, looking at the applications and the evidence presented therein, it is not clear that the MAGA slogan constitutes a phrase worthy of trademark protection. This Note …

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Evil History: Protecting Our Constitution Through An Anti-Originalism Canon Of Constitutional Interpretation, Michael S. Lewis

The University of New Hampshire Law Review

This review assesses three recent books on the subject of originalism. Each approaches the question of originalism from a different angle. None of the books confronts the raw challenge to the authority of the framers leveled by Justice Thurgood Marshall in his speech upon the bicentennial of the United States Constitution. Marshall argued that the founding generation was too morally compromised, too bereft of information we now have as a result of the existence and experiences of millions of Americans since the close of the 18th century, and too imperfect in their efforts to design a sustainable government, to justify …

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Facilitating Distinctive And Meaningful Change Within U.S. Law Schools (Part 2): Pursuing Successful Plan Implementation Through Better Resource Management, Patrick H. Gaughan, Samantha J. Prince

The University of New Hampshire Law Review

In Part 1 of this series, one of the current authors used institutional theory, behavioral economics, and psychology to explain why U.S. law schools have had difficulty evolving faster and better. The author then used institutional entrepreneurship to propose a seven-step, faculty-led, operational change process designed to overcome institutional isomorphism and to enable each law school to formulate a distinctive, meaningful, strategic plan. In Part 2, the current article addresses the typical implementation challenges to be expected within the context of existing law school governance. The article begins by discussing the Resource Based View of the firm and the role …