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Unh Law Alumni Magazine, Summer 2003, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg

The University of New Hampshire Law Review

[Excerpt] "On September 18, 2002, the Ninth Circuit Court of Appeals ruled that a United States based corporation can be held civilly liable for “aiding and abetting” the internationally recognized human rights violation of forced labor. This case, Doe v. Unocal Corp.1 (Doe II), is significant for its ramifications to human rights litigation in United States courts as well as to future liability for multinational corporations conducting commerce in foreign states. The uniqueness of this case is found in its precedent. No prior federal court has held a corporation liable for human rights violations under the Alien Tort Claims Act. …

Masthead, Volume 1, Numbers 3 & 4, 2003, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume One.

Optimizing A Law School’S Course Schedule, Shelley Saxer, Gary M. Thompson

The University of New Hampshire Law Review

[Excerpt] “Just like other educational institutions, law schools must schedule courses by taking into consideration student needs, faculty resources, and logistical support such as classroom size and equipment needs. Course scheduling is an administrative function, typically handled by an Assistant Dean or an Associate Dean, who works with the faculty and the registrar to balance these considerations in advance of the registration process. Usually, the entire academic year is scheduled in advance, although the spring semester may be labeled tentative until registration begins for that semester. It’s hard to imagine, but some schools even publish a two-year schedule of upper-division …

Table Of Contents, Volume 1, Numbers 3 & 4, 2003, Editorial Board

The University of New Hampshire Law Review

This volume continues the work of the journal "RISK: Health, Safety & Environment."

Risk Perception Regarding Energy Production: Factor Structure In A French Sample, Etienne Mullet, Anne Bertrand, Cécilia Lazreg, Sheila Rivière Shafighi

The University of New Hampshire Law Review

[Excerpt] "Considering that energy production is a key factor in the development of nations, it is important to have detailed information on the risks attributed by lay people to the different types of energy as well as the different stages of energy production. This study reports on the structure of risk perception with regard to energy production found among French participants. There have already been many investigations of risk perception related to energy production. . . .

The present study is a direct extension of the Mullet study. A similar, although more complete, set of items was used. These items …

Review Of "Long Goodbye: The Deaths Of Nancy Cruzan," By William H. Colby, Mitchell M. Simon

The University of New Hampshire Law Review

[Excerpt] "Bill Colby is the lawyer who represented the family of Nancy Cruzan in one of the nation’s most important “right to die” cases. Ms. Cruzan was a twenty-five year old woman who, due to a car accident, was deprived of oxygen for a significant time and cast into a persistent vegetative state. Colby’s book, Long Goodbye: The Deaths of Nancy Cruzan, is a nonfiction account of his journey with the Cruzan’s family over the course of almost seven years. Along the way, Attorney Colby, who was just five years out of law school when he agreed to represent the …

Review Of "The World Bank, A Case For Aid: Building A Consensus For Development Assistance," By James D. Wolfensohn & Nicolas Stern, Bryan Erickson

The University of New Hampshire Law Review

[Excerpt] "The World Bank’s new book, A Case for Aid: Building a Consensus for Development Assistance, indicates how dramatic and lasting the progress against global poverty has been in the past 50 years. It also shows how dramatically the Bank’s own understanding has risen, even in the past decade, of how to make its efforts more effective in relieving poverty and achieving other development goals. These two themes form the basis for the World Bank’s visionary thesis: that eradicating much of the poverty, ill health, and illiteracy around the world is within reach.

The occasion for pronouncing this message in …

Review Of "Law In America: A Short History," By Lawrence M. Friedman, Andrew M. Mierins

The University of New Hampshire Law Review

[Excerpt] "Lawrence M. Friedman’s Law in America: A Short History is a fascinating survey of the history of the American legal system. The book is written for both the legal professional and those interested in American legal history. Professor Friedman best summed up the book’s tenor by saying “we cannot understand American law without understanding American legal culture.” He then proceeds to explain the legal culture during three periods in our nation’s history and how the legal system was shaped by those times."

Justice Scalia's Tax Jurisprudence, Stephen T. Black, Katherine D. Black

Law Faculty Scholarship

Justice Scalia is an outspoken conservative acclaimed for his remarkable intellect and scholarship, and is noted for his adherence to the principle of judicial restraint. He pursues what he insists is an "originalist" path that relies on the Constitution's actual text in decision-making. He works hard to try to maintain constitutional interpretation that does not change from case to case.

So what happens when an "originalist"--concerned that Congress writes imprecise legislation and then leaves its interpretation and application in the hands of administrative agencies or, worse yet, the courts-is forced to deal with tax issues? This article takes a look …

Analysis Of Data Relevant To Establishing Outer Limits Of A Continental Shelf Under Law Of The Sea Article 76, Martin Jakobsson, Larry A. Mayer, Andy Armstrong

Center for Coastal and Ocean Mapping

Coastal states may extend the limits of their juridically defined continental shelf beyond 200 nautical miles from their baselines under the provisions set forth in Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS). In a preparatory desktop study, the University of New Hampshire’s Center for Coastal and Ocean Mapping/Joint Hydrographic Center analysed existing U.S. bathymetric and geophysical data holdings, identified data adequacy, and survey requirements to prepare a U.S. claim beyond the Exclusive Economical Zone (EEZ). In this paper we describe the methodology for our desktop study with particular emphasis on how we assembled …

Unh Law Alumni Magazine, Winter 2003, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt

Law Faculty Scholarship

Part I of this Article provides an overview of research analysts and their basic functions, including a discussion of sell-side analysts' role in the market's recent boom and bust. Part II examines the conflicts of interest that have plagued sell-side research, and Part III reviews the Regulatory Actions that are meant to address these conflicts. In Part IV, the author will make the case for encouraging, rather than lessening, investor skepticism in sell-side research and will explain why the Regulatory Actions are not likely to improve the performance of sell-side analysts. Finally, Part V will offer a simpler proposal to …

Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann

Law Faculty Scholarship

This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Significantly, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care …

Notice Students' Similarities - Not Differences [With Previous Generations], Sophie M. Sparrow

Law Faculty Scholarship

This article discusses one law professor’s successful teaching strategies for strengthening the analytical and writing skills of her students.

Agricultural Biotechnology In China: An Unreachable Goal?, Stanley P. Kowalski

Law Faculty Scholarship

Recently there has been much discussion about the People’s Republic of China’s (PR) investment in and commitment to agricultural biotechnology (agri-biotech). Rapid economic expansion, population growth and technological development are changing the PRC; accompanying these changes is increased demand for high-quality food and fibre. Agri-biotech is optimistically viewed as an important way to meet these demands. Whereas Chinese technological capacity in agri-biotech has advanced significantly over the past decade, it may be unable to meet these challenges. Even when this capacity is combined with good intentions, enlightened policy and large capital outlays, accelerated development of agri-biotech may nevertheless be precluded. …

Brief Of Law Professors As Amicus Curiae In Support Of Respondent, Thomas G. Field Jr, William O. Hennessey, Craig S. Jepson, Karl F. Jorda

Law Faculty Scholarship

Inventors lacking assurance of a market, or even the right to practice patented inventions, face considerable risk. Those who qualify for patents, in return for disclosure, receive only the assistance of the courts in excluding others from economic exploitation of their inventions. Already subject to many legislative and judicial limitations, patents should not be further subject to the functional equivalent of private inverse condemnation without congressional action.