Digital Commons Network^™

Contemplating Arbitration In Disputed Congressional Elections: A Case Study With The Closest Senate Election In U.S. History, Ben Sheppard

The University of New Hampshire Law Review

No abstract provided.

Fox On Ghana's Adr Processes: Pirc Fellow Quoted In Report Citing Csus Research, Rebecca Ludecke

UNH Today Archive

No abstract provided.

The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans

Law Faculty Scholarship

[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings …

Collaborating For Coastal Resilience: Stakeholder Assessment And Perception Of Interdependence In Seabrook, Nh, Emily Bialowas

Master's Theses and Capstones

Like many coastal communities, the beach and dune ecosystems in Seabrook, New Hampshire are vulnerable to storm surge, sea-level rise, and extreme weather. Fostering coastal resilience in Seabrook requires local, regional, state, and federal stakeholders to collaborate on a broad range of issues. According to alternative dispute resolution (ADR) theory, stakeholders need to recognize their interdependence to be willing to collaborate. Interdependent stakeholders are aware their interests cannot be met by working alone and that their independent actions impact one another through complex social and ecological feedback loops. ADR practitioners often conduct a stakeholder assessment(SA) as a first step in …

Twenty-First Century Energy Policy Making In New Hampshire: Lessons For Collaboration, Henry Phillip Herndon

Master's Theses and Capstones

In this thesis I investigate the organizational field that is New Hampshire's energy policy-making community as it engages with the state regulatory institution, the Public Utilities Commission, to grapple the challenges of designing a 21st century electricity marketplace.

The Public Utilities Commission structure and function are evolving. Historically, the Commission has used adjudicative proceedings to carry out a ratemaking function for monopoly utilities. The Commission's adjudicative process is evolving to become increasingly collaborative as it begins to carry out its new function of 21st century electricity market design. I analyze both the new structure (collaboration) and the new function (21st …

Peer Mediation In Massachusetts Public Middle & High Schools: Perceptions Of Educators, Eve I. Noss

Doctoral Dissertations

While many studies related to school violence and its prevention have focused on the perceptions of elementary students and counselors, there is a dearth of research studies that focus on the perceptions of administrators and teachers. This study examines Massachusetts public middle and high school principals, assistant principals, and teachers (n=135), from 30 schools, perceptions of their peer mediation program's impact on student conflicts. Comparisons between administrators and between levels of schools were conducted to provide a finer grain for the analysis.

Methodology: The method of data collection is a mixed, hybrid methodology of 41 quantitative (closed-end) and quasi-quantitative (open-ended) …

Handling Fiduciary Issues In Limited Liability Company Formations Under The New Hampshire Limited Liability Company Act—A Practical Introduction, John M. Cunningham

The University of New Hampshire Law Review

[Excerpt] “Absent an agreement among the parties to the contrary, business entity fiduciary duties arise automatically under state common law and applicable statutory law whenever one person entrusts the management of his or her business to another person and the other person agrees to accept this entrustment. The two principal fiduciary duties are the duty of care and the duty of loyalty. The duty of care requires that business managers carry out their management responsibilities non-negligently. The duty of loyalty requires that business managers avoid conflicts of interest with the entity that they have agreed to manage.

However, the common …

Gender Bias In The Legal Field: Experiences Of Female Attorneys And Law Students, Jessie L. French

Master's Theses and Capstones

This study examines the experiences of female attorneys and law students with respect to gender bias. Contemporary evaluations indicate that while women comprise approximately 50% of the job force, they are significantly underrepresented in management positions and continue to be paid less than men; this is especially true in the legal field. Thirty-five in-depth interviews were conducted, 25 with women who had obtained a juris doctorate and 10 with female law students. Women discussed their experiences in the legal field relative to law school, expectations for their careers, media influences, gender discrimination and harassment. Qualitative analysis revealed that pregnancy was …

Unh Law Alumni Magazine, Summer 2008, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Situationist Torts, John D. Hanson, Michael Mccann

Law Faculty Scholarship

This Article calls for a situationist approach to teaching law, particularly tort law. This new approach would begin by rejecting the dominant, common-sense account of human behavior (sometimes called dispositionism) and replacing it with the more accurate account being revealed by the social sciences, such as social psychology, social cognition, cognitive neuroscience, and other mind sciences. At its core, situationism is occupied with identifying and bridging the gap between what actually moves us, on one hand, and what we imagine moves us, on the other. Recognizing that gap is critical for understanding what roles tort law (among other areas of …

Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 2, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Intellectual Property Management In Health And Agricultural Innovation: Executive Guide, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 1, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

It’S Not About The Money: The Role Of Preferences, Cognitive Biases And Heuristics Among Professional Athletes, Michael Mccann

Law Faculty Scholarship

Professional athletes are often regarded as selfish, greedy, and out-of-touch with regular people. They hire agents who are vilified for negotiating employment contracts that occasionally yield compensation in excess of national gross domestic products. Professional athletes are thus commonly assumed to most value economic remuneration, rather than the love of the game or some other intangible, romanticized inclination.

Lending credibility to this intuition is the rational actor model, a law and economic precept which presupposes that when individuals are presented with a set of choices, they rationally weigh costs and benefits, and select the course of action that maximizes their …

An Examination Of Reinsurers’ Associations In Underlying Claims: The Iron Fist In The Velvet Glove?, Louis Torch

The University of New Hampshire Law Review

[Excerpt] “The onslaught of environmental and asbestos claims coupled with the aftermath of the terrorist attacks of September 11, 2001, and their deleterious effects on the commercial property reinsurance industry, has left insurers and reinsurers reeling. This article submits that the iron fist in the velvet glove has replaced the once gentlemanly handshake that cemented contractual relations between cedent and reinsurer. The case law reveals that both cedent and reinsurer share the blame for this markedly adversarial shift. As the cases in this article demonstrate, cedents bear responsibility for shortcomings in their underwriting and claims handling, and reinsurers have often …

New Hampshire General Court, Journal Of The House Of Representatives, Containing The 2002 Session January 2, 2002 Through June 27, 2002., New Hampshire. General Court. House Of Representatives

Journals of the Senate and the House of Representatives of NH

Titles and imprints vary; Some volumes include miscellaneous state documents and reports; "Rules" of the House of Representatives

America's Anti-Violence Campaign: The Use Of Mediation To Reduce The Incidence Of Workplace Violence, Karyn A. Doi

RISK: Health, Safety & Environment (1990-2002)

The author recommends that companies incorporate a mediation program into their anti-violence plans.

Public Participation In Resolving Environmental Disputes And The Problem Of Representativeness, Peter T. Allen

RISK: Health, Safety & Environment (1990-2002)

Dr. Allen, the symposium organizer, reviews recent .efforts to increase public involvement in environmental disputes.

Mediation In Environmental Conflicts: The Belgian Methodology, Catherine Zwetkoff

RISK: Health, Safety & Environment (1990-2002)

Dr. Zwetkoff analyzes the effectiveness and feasibility of using traditional ADR techniques to resolve environmental disputes in Belgium.

New Hampshire General Court, Journal Of The House Of Representatives, Containing The 1998 Session January 7, 1998 Through September 24, 1998., New Hampshire. General Court. House Of Representatives

Journals of the Senate and the House of Representatives of NH

Titles and imprints vary; Some volumes include miscellaneous state documents and reports; "Rules" of the House of Representatives

Table Of Contents Volume Six, Number Two, Spring 1995, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal RISK: Health, Safety & Environment (ISSN: 1073-8673)

Program - Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Program of events and list of registered attendees for the October 6, 1994 conference Which Scientist Do You Believe? Process Alternatives in Technological Controversies held in Concord, NH.

Alternative Dispute Resolution In Patent Controversies, Norman L. Balmer

RISK: Health, Safety & Environment (1990-2002)

Mr. Balmer relates how ADR allows attorneys to tailor rules to resolve disputes in light of, e.g., party relationships and internal dynamics. He notes that, for life to go on, having resolution is itself an important goal.

The Regulatory Reform Recommendations Of The National Performance Review, Jeffrey S. Lubbers

RISK: Health, Safety & Environment (1990-2002)

Of ten recommendations Mr. Lubbers discusses, several were of particular interest. These include encouraging consensus-based rule making and ADR in enforcement, as well as ranking risks and improving regulatory science.

Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Beyond introducing these papers, Professor Field argues that those designing processes for tasks originally contemplated by the Science Court proposal should closely consider, e.g., intervening experience with alternative dispute resolution.

The Science Court: A Bibliography, Jon R. Cavicchi

RISK: Health, Safety & Environment (1990-2002)

This bibliography lists articles that focus specifically on the Science Court as proposed by Professor Kantrowitz in the mid-sixties. In a separate part articles casually mentioning that proposal in assorted contexts are presented.

Risk Assessment And Risk Management: Mending The Schism, Richard M. Sedman, Paul W. Hadley,

RISK: Health, Safety & Environment (1990-2002)

The authors suggest that giving different individuals the responsibility for assessing and managing Risk may sometimes be counterproductive.

Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose

Law Faculty Scholarship

For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …

The Cognitive Status Of Risk: A Response To Thompson, L. James Valverde

RISK: Health, Safety & Environment (1990-2002)

Discussing the role that probability theory should play in Risk analysis and management, Dr. Valverde argues that Thompson's approach puts too much emphasis on the distinction between Risk subjectivism and Risk objectivism in addressing the question, "When are Risks real?"

Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey S. Lubbers

RISK: Health, Safety & Environment (1990-2002)

An introduction to the legal framework within which employees of the "twigs" on our fourth branch of government must operate. Particular attention is given to research sponsored by the Administrative Conference of the United States which has dealt with, for example, process problems in resolving specific issues and in building consensus on broad policy matters. [Excerpt] “Administrative agencies - the "twigs" on our fourth branch of government - are established to handle the details of administration deemed too painstaking, technically complex or even controversial for direct Congressional or Presidential involvement. In the current government structure, sometimes called the "modem administrative …