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Table Of Contents, Volume 16, Number One, 2017, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume 16, Number One, 2017

Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André Leduc

The University of New Hampshire Law Review

This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have shaped the debate over originalism. The first assumption—adopted by originalists—is that constitutional reasoning is a formalistic process. Originalism’s critics tacitly describe a very different and less formalistic model. The second assumption—shared by originalists and most of its critics alike—is that the central task of constitutional decision is to interpret the Constitution. Both of these assumptions are wrong. Constitutional argument is not, and cannot be, reduced to the formal model of reasoning tacitly employed in originalism. The critics of …

Masthead, Volume 16, Number One, 2017, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume 16, Number 1, 2017.

Objective And Subjective Tests In The Law, R. George Wright

The University of New Hampshire Law Review

Across many subject areas, the law commonly attempts to distinguish between objective and subjective tests, and to assess the merits of objective as opposed to subjective legal tests. This Article argues that all such efforts are fundamentally incoherent and ultimately futile in practice. As demonstrated below, what the law takes to be objective in the relevant sense is essentially constituted by what the law takes to be subjective, and vice versa. Judicial preoccupation with objective and subjective tests thus does no more than distract from more meaningful concerns. Judicial attention should be directed away from this hopeless distinction, and instead …

Law Review Publishing: Thoughts On Mass Submissions, Expedited Review, And Potential Reform, Michael D. Cicchini

The University of New Hampshire Law Review

The current law review publishing system—in particular, mass submissions and expedited review—works well for prestige-driven professors; however, it places a tremendous burden on the editors of journals lower in the hierarchy. This problem is exacerbated by several professorial tactics including, most significantly, submitting articles to journals from which the professor would never accept an offer—not even when he or she fails to receive a “better” offer through the expedite process.

This Essay discusses a potential fix: the eight-hour offer window. If a journal were to adopt a formal policy of holding its publication offers open for only eight hours, professors …

Taxing Systemic Risk, Eric D. Chason

The University of New Hampshire Law Review

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Student Commuters: Unpacking The Factors Influencing How High School Students Travel To School, Alexander Chase

Perspectives

As environmental concerns grow, obesity rates rise, and people become further distanced from nature, some activists and public health advocates are encouraging the use of more physical modes of transportation over driving. The limited literature on commuters’ transit decisions mainly focuses on adults living in urbanized environments while paying scant attention to driving-aged teenagers, despite the importance of their daily commutes to school. Because this group is at a pivotal point in the transition to adulthood, it is likely that their decisions and behavior at this stage of life will have long-term implications for their routines concerning exercise, diet, health, …

Post-Racial Ideology And Implicit Racial Bias, Elliot Chiang

Perspectives

This study assesses college students from the University of New Hampshire (UNH) and their attitudes and opinions toward people of color, specifically looking at racial/ethnic identity and campus social climate. With 362 respondents from the University of New Hampshire who answered our online survey, it looked at the participants’ post-racial ideologies and the participant’s racial/ethnic identity. This study finds that there is a correlation between racial identity and post-racial beliefs. The study found that 82 percent of the student respondents did not believe that we, as a society, lived in a post-racial America. It was also discovered that the student …

Prescription Stimulant Use, Robert Dudzisz

Perspectives

This study examines whether GPA affects the rate at which students use nonmedical prescription stimulants for academic purposes. A web-based survey was sent to students at a public northeastern university via email and social media. Data from 362 completed surveys were collected and analyzed using Qualtrics. A statistically significant correlation was found between my independent variable, GPA, and dependent variable, use of nonmedical prescription stimulants (p-value 0.00). Alcohol use and nonmedical stimulant use show positive, linear correlations. The study found that binge drinking and non-medical stimulant use were highly associated. The more one drinks alcohol to get drunk, the more …

How Gender Differences Affect Mental Health Outcomes, Julianna Fusco

Perspectives

This literature review will examine how mental health can be influenced by differences in gender, while being viewed through a sociological lens. The paper is organized by the themes of gendered mental illness, consequences, and recovery.

The Effect Of Microaggressions, Predominantly White Institutions, And Support Service On The Academic Success Of Minority Students, Anna Parsons

Perspectives

There are a variety of factors that have an effect on the academic success of college students. For students of a racial and ethnic minority, their racial identity can be factor hindering to their overall success. This article looks at how academic achievements of racially and ethnically marginalized students are affected by microaggressive behaviors, a predominately white institutional (PWI) setting, and support services through various scholarly literatures. Results showed that both PWIs and microaggressions have a negative impact on academic success. However, this is due to mediating factors and not a direct relationship from one variable to another; PWIs tend …

Suicide Rates As They Vary By Region, Sexuality, And Gender, Evan Smith

Perspectives

Suicide rates are not consistent worldwide. They vary in a wide variety of ways. Region, sexuality, and gender are all factors that influence suicide. This essay examines the manners in which region, sexuality, and gender influence suicide by themselves and, in some cases, with each other. It offers explanations for why they do so. Finally, this paper aims to give suggestions on future research regarding suicide and future policies to help reduce suicide rates.

The Influence Of School Segregation On Students’ Educational Achievement, Lea Vivian

Perspectives

This literature review evaluates how race, geographical location, and socioeconomic status impacts a student’s educational achievement. These variables affect educational success, which is impacted by the history of housing and racial segregation in the United States. The discussion will include why schools are segregated and how this has an impact on a student’s education by looking at different studies and theories such as the Black Culture theory and the Acting White Hypothesis. Even in desegregated schools, “tracking” separates and further segregates races in the educational system. The literature review concludes with a summary of the findings, importance, and future research …

Beauty Is Pain: Black Women’S Identity And Their Struggle With Embracing Their Natural Hair, Yamilex Bencosme

Perspectives

In the United States Black hair is viewed negatively because of its difference. Black females often deal with societal pressures to alter their kinky, curly hair from its natural state. To date, the social pressure of adopting a more Eurocentric (reflective of European descent—such as long, straight hair) look begins at an early age through socialization. The Eurocentric beauty standard plays a huge role in Black women’s positive self-identity and their perceptions of their own beauty. At an early age, specifically between ages three and four, African American children have a good understanding of what “good” hair means and the …

Gender Identity And Sense Of Self Sufficiency, Nicole Collin

Perspectives

This study examines the effects of gender identity on sense of safety on a college campus. Data was collected through an online survey sent out to students at the University of New Hampshire. Students answered nominal and ordinal questions about their gender identity, as well as Likert-scale questions regarding opinions on safety while walking on campus. The results of the survey showed correlation between gender identity and sense of safety while walking alone at night, however, the survey showed no correlation between gender identity and sense of safety while walking at night with a friend. Collecting data from a larger …

The Effect Of Paid Work On Academic Performance Amongst Unh Undergraduate Students, Austin Genett

Perspectives

This study examines the effects of working a part-time job while enrolled in classes full time amongst college students. There were a total of 459 respondents from a large, public university in the Northeast who responded to an online survey. The survey analyzed the differences in Grade Point Averages (GPAs) between students based on the number of hours they worked per week. It also considered whether the position worked related to a given student’s field of study. The results suggest that working 30 hours is a threshold for when students’ GPAs are negatively affected, and that working in a position …

Evaluating The Effects Of Intergroup Interactions And Color-Blind Racism On Perceptions Of University Campus Cultural Climate, Emily Haley

Perspectives

This study examines college students at a large, public university in the Northeast and their perception of the campus’s cultural climate. The online survey was completed by 362 students whose responses were used to answer the following research questions: “Does the frequency of interactions with people from other cultures affect one’s perception of campus cultural climate?” and “Is there a difference between people who experience color-blind racial attitudes and their perceptions of campus cultural climate compared to those who do not experience color-blind racial attitudes?” Results showed that frequency of interactions was significantly correlated with perceptions of acceptance, and color-blind …

Archaeology From Space: Advanced Satellite Imagery Through The Work Of Sarah Parcak, Rebecca Philibert

Spectrum

The ancient past and the technological future come together in “space archaeology.” Focusing on the colorful career of Sarah Parcak, this article shows how advanced satellite imagery is being used to discover new archaeological sites—as well as to monitor existing ones at a time when looting is on the rise.

Cuba’S Water Crisis: Coping With Water Scarcity In Havana And Santiago De Cuba, Jacqueline Gilbert

Spectrum

Based on nine weeks of original ethnographic research in Cuba, this article looks at how ordinary residents in Havana and Santiago respond to chronic water scarcity—a problem likely to intensify as the impacts of climate change advance in the Caribbean region and around the world.

Women Traders Of The Viking Age: An Analysis Of Grave Goods, Emily Mierswa

Spectrum

The image of Viking culture that most of us carry in our heads is largely masculine and testosterone-driven. Where are women in the Scandinavian past? Examining grave goods associated with female burials—including items of personal adornment—this article paints a richer and more balanced picture of the Viking world.

Comm-Entary, Spring 2017 - Full Issue

Comm-entary

In this issue:

Sacrifice who you are, for what you will become: The Growth of Religion and Culture Through Eric Thomas by Jovan Morse

Pop Culture in News: The Rise of Infotainment Programming by Charlotte Harris

Corporate Ethics and Authenticity; Gaining Consumer Buying One Virtue at a Time by Nicole Downing

Gender Discrepancies in Makeup Usage and the Subsequent Impact on Appearance Expectations by Rebecca C. Bishop

Rushing Towards a Religion by Ellen Gibbs

Sensory Test Sequence of Actions by Zoë Parsons

The Effects of a Trip to India on the Music and Life of George Harrison by Carter Bennett …

Editors’ Introduction, Smita Lahiri, Robin Sheriff

Spectrum

No abstract provided.

Contextualizing Native Resistance: Precedents For The Movement Against The Dakota Access Pipeline, Grace Dietz

Spectrum

In 2016, news of the Standing Rock resistance against the Dakota Access Pipeline swept through the social media sphere. Although many young people had never seen anything like it, this article shows that the “water protectors” are part of a long tradition of Indigenous resistance on the North American plains.

The Social Construction Of Dreaming In College Culture, Rachel Parr

Spectrum

Cultural anthropologists have long been interested in the dream-sharing practices of exotic peoples. But what about U.S. college students? Based on research on UNH’s campus, this article shows that “dream talk” is more common—and more important—than we tend to think.

Contributer Bios, Spectrum Editors

Spectrum

Learn about the students whose work is featured in this issue.

Table Of Contents, Volume 15, Number 2, 2017, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume 15, Issue Number Two.

Bibliography, Editorial Board

The University of New Hampshire Law Review

This bibliography is a comprehensive list of all of Professor Calvin Massey’s scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted supplements written by Professor Massey to his own casebooks.

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

The University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed, by the clarity, …

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

The University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not to mention the Pentagon …

Masthead, Volume 15, Number 2, 2017, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume 15, Issue Number Two.