Digital Commons Network^™

Fuzzy Logic And Corporate Governance Theories, Z. Jill Barclift

The University of New Hampshire Law Review

[Excerpt] “Fuzzy logic is a theory that categorizes concepts or things belonging to more than one group. A methodology that explains how things function in multiple groups (not fully in one group or another) offers advantages when no one definition or membership in a group accounts for belonging to multiple groups. The principal/agent model of corporate governance has some characteristics of fuzzy logic theory.

Under traditional agency theory of corporate governance, shareholders, directors, and senior corporate officers each belong to groups having multiple attributes. In the principal/agent model of corporate governance, shareholders are owners or principals; directors are shareholders and …

Masthead, Volume 6, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Six, Issue Number Two.

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …

A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary

The University of New Hampshire Law Review

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” …

Shake & Bake: Dual-Use Chemicals, Contexts, And The Illegality Of American White Phosphorus Attacks In Iraq, Joseph D. Tessier

The University of New Hampshire Law Review

[Excerpt] “On November 29, 2005, in a Department of Defense press conference with Secretary of Defense Donald Rumsfeld and Gen. Peter Pace, Chairman of the Joint Chiefs of Staff, General Pace stated that white phosphorus “is a legitimate tool of the military,” and can be used for illumination, smoke, and incendiary purposes. Incredibly, the Department of Defense released an addendum to the press conference clarifying that white phosphorus was not used as an incendiary weapon. According to General Pace, “it was well within the law of war to use white phosphorus . . . for marking and screening.” This was …

Table Of Contents, Volume 6, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Six, Issue Number Two.

Palsgraf Revisited (Again), Joseph W. Little

The University of New Hampshire Law Review

[Excerpt] “A funny thing happened at the 2005 meeting of the American Law Institute in Philadelphia. With hardly a thought as to the profundity—and probable futility—of its act, the assemblage bulldozed one of the enduring nuggets of common law wisdom to the pile of discarded relics of legal history.

Apart from those in personal injury work, most lawyers won’t remember too many specifics about their first year law school torts courses. But if I had to bet on a single common law judicial opinion that is likely to stimulate a flicker of recognition in many memories—by specifying common law, I …

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …

Class Actions And The Poor, Henry Rose

The University of New Hampshire Law Review

[Excerpt] “Imagine that you are a legal aid lawyer in America whose services are funded by the Federal Legal Services Corporation (LSC). You interview a prospective client and learn that she was recently laid off from her job; she applied for and was denied Unemployment Insurance (UI) benefits by the state; and she is in a desperate financial situation. You accept the client’s case to determine whether she has a legal basis to challenge the denial of her UI claim. You research your client’s problem and form the opinion that the denial of her UI claim was based on a …

Table Of Contents, Volume 6, Number 1, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents Volume Six, Issue Number One.

Comm-Entary, Spring 2007 - Full Issue

Comm-entary

In this issue:

The Influence of Patrick Henry's "Give Me Liberty or Give Me Death" on Malcolm X's "The Ballot or the Bullet" by Nick Miale

War Justification Rhetoric of President George W. Bush by Anna Pape

Rhetorical Analysis of Thomas E. Franklin's "Ground Zero Spirit" as an Iconic Photograph by Janet Lang

Verbal Depiction of the Visual: The Confederate Monument at Shiloh National Military Park by Dalisa Carpenter

A Scene Function Model Analysis of Television's Cult Hit "Lost" by Adam-Scott Donovan

Superman Goes to War: Heroes, Enemies, and the Manipulation of Perception by Michael Soha

The Pursuit of Equal …

Table Of Contents, Volume 5, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Five, Issue Number Two.

Masthead, Volume 5, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Five, Issue Number Two.

Take Me Out To The Metaphor, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In the fall of 2003, Judge Smith of the United States District Court for the District of Rhode Island wrote that “[c]ases examining the issue of workplace sexual harassment by women against women are about as common as a baseball post-season that includes the Cubs and the Red Sox . . . .

Judge Smith’s observation was, of course, rooted in the perception among baseball fans, and in the popular culture, that nothing says “futility” quite like a reference to the Chicago Cubs or the Boston Red Sox. Conversely, there can be little doubt that for one in search …

Mapping Alimony: From Status To Contract And Beyond, Gaytri Kachroo

The University of New Hampshire Law Review

[Excerpt] “With the introduction of no-fault divorce, one spouse could unilaterally petition for divorce, in most states, by demonstrating a period of separation or the impossibility of reconciliation. The possibility that a marriage can be dissolved without a showing of fault has obliterated the need to seek consent from the other spouse contesting it. This can preclude the need for a mutually designed financial arrangement. Courts now play a greater role in such financial arrangements and are more likely to conform such financial arrangements to statutory standards. From state to state, despite the prevalence of such conforming by courts, resulting …

The Core Plan Or How I Learned To Stop Worrying And Love The Central City: Shifting Control Of Regional Mass Transit To The Central City, Jeffrey Baltruzak

The University of New Hampshire Law Review

[Excerpt] “Mass transit in the United States is moribund: it plays a meaningful transportation role in only a handful of American regions. It is clear that the status quo—where state-created special-purpose districts (SPDs) provide limited regional mass transit options and new mass transit construction progresses at a glacial pace—is a colossal failure. This failure necessitates a new model of mass transit ownership and management. It is time for the region’s central city to own and operate the region’s mass transit system extraterritorially, free from significant control by the outer cities (the suburbs) and the state. This article calls this arrangement …

Human Zoning: The Constitutionality Of Sex-Offender Residency Restrictions As Applied To Post-Conviction Offenders, Ryan Hawkins

The University of New Hampshire Law Review

[H]igh recidivism rates shows that the threat of jail time alone is not sufficient to curb sex crimes. With this in mind, legislators sought to find other ways that would protect potential victims. Community notification laws were the first policy to be implemented. Community notification methods included press releases, flyers, phone calls, door-to-door contact, neighborhood meetings, and Internet sites, which informed citizens of the name, location, and/or other information of persons who had been convicted of sex crimes.

Part II of this note will describe current sex-offender restrictions in place across the country. Part III will provide a constitutional analysis …

Ntp V. Rim: The Diverging Law Between System And Method Claim Infringement, Stephen P. Cole

The University of New Hampshire Law Review

[Excerpt] “Almost thirty years after the landmark decision of Decca Ltd. v. United States, the Federal Circuit had an opportunity to reevaluate the extraterritorial limits of U.S. patent law in NTP, Inc. v. Research in Motion, Ltd. After withdrawing its initial opinion (“NTP I”) and issuing a second opinion (“NTP II”), the court held that a system having a component located outside U.S. jurisdiction could be subject to U.S. patent law. The court held as a matter of law, however, that a process in which a step is performed outside U.S. jurisdiction could not be subject to U.S. patent law. …