Law Commons^™

Interpreting Parenting Plans As Contracts, William B. Reingold Jr.

The University of New Hampshire Law Review

When parents are divorced or separated, a parenting plan serves as a legal instrument to govern the means by which they raise their children. Most parents are able to compromise and reach an agreed-upon parenting plan without resorting to a trial or court intervention. These agreed-upon parenting plans are, in a manner of speaking, contracts that these parents must abide by. But too often parenting plans are not treated or considered in the same way we perceive ordinary contracts. They should be. This essay examines the interplay between courts reviewing agreed-upon plans, the best interest standard, and basic contract interpretation.

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.

Editor's Foreword, Kyle C. Kopko

The University of New Hampshire Law Review

No abstract provided.

The Ministerial Role Of The President Of The Senate In Counting Electoral Votes: A Post-January 6 Perspective, Joel K. Goldstein

The University of New Hampshire Law Review

Despite decisively losing the 2020 popular and electoral votes, Donald Trump attempted to retain presidential power by trying to persuade Vice President Mike Pence to misuse his role as President of the Senate during the electoral vote count to withhold some votes from former Vice President Joe Biden. Pence refused, and Biden’s election was recognized, but only after some Trump supporters violently assaulted the United States Capitol Building and personnel there. Congress subsequently passed legislation to address the process of counting electoral votes, which in part clarified the President of the Senate’s limited and ministerial role in the process. Although …

All Pain, Whose Gain? A Fifty-State Analysis Of The Independent State Legislature Doctrine For Redistricting, Samuel S.-H. Wang, Richard F. Ober, Jr.

The University of New Hampshire Law Review

The “Independent State Legislature” (ISL) doctrine has recently been offered as a reinterpretation of legislative control over federal elections and may upend decades of election law precedent. Based on Article I of the U.S. Constitution, the ISL doctrine holds that such authority of state legislatures potentially overrides state constitutions, as well as state courts, citizen initiatives, and even the governor. The original political goals of the ISL doctrine were the 2000 and 2016 Presidential elections. The doctrine has recently come before the Supreme Court in Moore v. Harper, a case concerning redistricting, and could open the door to increased gerrymandering …

The Role Of State Courts In Constraining Partisan Gerrymandering In Congressional Elections, Jonathan Cervas, Bernard Grofman, Scott Matsuda

The University of New Hampshire Law Review

Federal courts were once seen as the place for partisan gerrymandering challenges to be lodged, but after thirty-plus years of failing to find any redistricting plan to be a partisan gerrymander, even while holding partisan gerrymandering to be justiciable, the Supreme Court announced in Rucho v. Common Cause, 139 S.Ct. 2484, that partisan gerrymandering is not justiciable in federal courts. State courts are now seen as the only place where a remedy for egregious partisan gerrymandering might be sought (except, of course, for taking redistricting out of the hands of the state legislature and moving responsibility into a bipartisan …

Refining Statutory Construction: Contextualism & Deference, Sam Kalen

The University of New Hampshire Law Review

This Article urges a novel structure for marrying statutory construction and Chevron deference into a paradigm best described as contextualism. All too often jurists and scholars describe modern statutory construction as dominated by textualism. Textualism is too simplistic and obscures how invariably courts employ a contextualist analysis when construing language. Contextualism, not textualism, is—and always has been—the paradigm for statutory construction. Focusing on contextualism in lieu of textualism promotes an acute focus on what aids in construction a court is willing to entertain, and the Article illustrates that liberal and conservative judges alike employ a contextual analysis while they may …

Total Vote Runoff: A Majority-Maximizing Form Of Rank Choice Voting, Edward B. Foley

The University of New Hampshire Law Review

Total Vote Runoff (TVR) is an electoral system designed to be identical to Instant Runoff Voting (IRV), which is the most commonly understood and implemented form of Ranked Choice Voting (RCV) in the United States, except for one key detail. Like IRV, TVR sequentially eliminates the weakest candidate on the ranked-choice ballot when no candidate is ranked first on a majority of ballots. Unlike IRV, however, TVR identifies the weakest candidate to be eliminated based on the total votes each candidate receives on all the ballots, rather than just the number of first-place votes (as IRV does). A candidate’s total …

Is Internet Voting Trustworthy? The Science And The Policy Battles, Andrew W. Appel

The University of New Hampshire Law Review

According to clear scientific consensus, no known technology can make internet voting secure. In some applications—such as e-pollbooks (voter sign-in), voter registration, and absentee ballot request—it is appropriate to use the internet, as the inherent insecurity can be mitigated by other means. But the insecurity of paperless transmission of a voted ballot through the internet cannot be mitigated.

The law recognizes this in several ways. Courts have enjoined the use of certain paperless or internet-connected voting systems. Federal law requires states to allow voters to use the internet to request absentee ballots but carefully stops short of internet ballot return …

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Measuring The Inventor's Contribution, Christopher S. Storm

The University of New Hampshire Law Review

All inventors should be compensated for the value of their contributions. Inventors contribute both to the patent system and to the technology commercialization process by providing access to a qualifying disclosure describing a qualifying idea. Yet today, a schism divides the patent world and the commercial world over the value of these inventive contributions. Unlike the commercial world, the patent world pays inventors for the contributions of noninventor technology commercialization roles. In particular, seminal reasonable royalty cases like Georgia-Pacific and TWM Manufacturing allow patentees to recover infringer profits and proxies thereof—in violation of congressional mandate and the Supreme Court’s opinion …

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson, Beckett Cantley, Geoffrey Dietrich

The University of New Hampshire Law Review

When Michael Jackson died unexpectedly in Los Angeles, California, on June 25, 2009, his career and earnings were nearing an all-time low. Plagued by past sexual abuse allegations, scandals, and questionable health, Michael Jackson’s personal finances were purported to be in complete disarray. However, following his unexpected death, the value of his estate, which was reported to be near to nothing, swelled as the world remembered his beloved contributions to the world and began to purchase accordingly. Sales of Michael Jackson’s music began to soar high. The estate’s value soared even higher as it signed licensing agreements and released new …

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz

The University of New Hampshire Law Review

In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …

Undead Dicta Or Haunted Holdings? A Closer Look At The Zombie Subjective Intent Partnership Formation Cases, Joseph K. Leahy

The University of New Hampshire Law Review

Undead precedents haunt the partnership formation caselaw. But just how dangerous are they? It depends on what type of zombies they are—walking-dead dicta or haunted holdings. Asking a court to ignore bad dicta is nowhere near as difficult for litigants as asking a court to overrule an entire line of cases.

This article takes a closer look at the undead partnership formation cases that were previously identified in a companion article and concludes that nearly all such cases fall into the less-scary category of undead dicta, rather than truly dangerous category of zombie holdings.

Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern

The University of New Hampshire Law Review

No abstract provided.

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.

Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe

Law Faculty Scholarship

[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].

Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …

Social Media And Democracy, Seth C. Oranburg

Law Faculty Scholarship

[Excerpt] "Lately, people have been finding giant pet goldfish in lakes across America. You may see these tiny fish swimming in bowls at the county fair, but left alone in a lake or large pond, where they are dropped perhaps by a well-meaning child, they can grow to 20 pounds or more— and destroy ecosystems. The goldfish is a cautionary tale that has been told time and again in different forms, like Pandora’s box."

Commentary: The Workplace Vaccine Decision And Its Implications For Federal Regulatory Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] "In a recent commentary, I contrasted the pragmatic consequentialism of retiring Supreme Court Justice Stephen Breyer – and, more generally, the other two members of the court’s liberal bloc (Justices Sonia Sotomayor and Elena Kagan) – with the structural formalism of the court’s six-justice conservative supermajority. I also suggested that this framework may provide a more useful way to understand many of the court’s recent and upcoming blockbuster decisions than the partisan angle that court watchers so frequently use."