Law Commons^™

The Procedural Due Process Requirements For No-Fly Lists, Soumya Panda

The University of New Hampshire Law Review

[Excerpt] “Imagine arriving at the airport and checking in at the ticketing booth. You tell the ticketing agent your name, your flight number, and show the agent your identification. The agent enters the information into the terminal and a look of shock appears on his or her face. While other passengers are waiting behind you, the agent calls for security and mentions in front of other passengers that you are denied from boarding the plane. Now imagine that you are a famous United States senator arriving from a political convention and the ticketing agent tells you that you cannot board …

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …

Table Of Contents, Volume 4, Number 1, 2005, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Four, Issue Number One.

Masthead, Volume 4, Number 1, 2005, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Four, Issue Number One.

The Pinkerton Doctrine And Murder, Matthew A. Pauley

The University of New Hampshire Law Review

[Excerpt] "Suppose that A hires B to rob a bank in Massachusetts and A then hires C to rob a bank in Rhode Island. B and C have not met face to face, but each knows he is part of a conspiracy to rob banks in more than one state. All agree that no one will be killed in the robberies. A then procures D to get a car for use in the robberies. B uses D’s car to rob his bank. During the robbery of C’s bank, C pulls out a gun and shoots and kills the bank guard. …

Regional Headquarters Schemes By China’S Ministry Of Commerce And The Shanghai Municipal Government: Differences, Limitations, And Possible Combinations, Benjamin Kroymann

The University of New Hampshire Law Review

[Excerpt] "As large multinational companies (“MNCs”) are continuously extending their Chinese market presence, many are considering moving their Asian-Pacific Headquarters to China. In an attempt to attract MNCs’ Regional Headquarters to Mainland China, the Chinese central government is not only faced with competition from regional hubs, such as Singapore and Hong Kong, but also from internal rivals, such as the Shanghai and Beijing municipal governments.

This article analyzes recently passed regulations on the establishment of Regional Headquarters by MNCs in China at the national and the municipal level. The focus will be on Shanghai’s set of regulations, issued in 2002 …

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …

The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants …

Unh Law Alumni Magazine, Summer 2005, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Ordeal By Trial: Judicial References To The Nightmare World Of Franz Kafka, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] "Franz Kafka’s novel The Trial is firmly entrenched in the modern consciousness as an exemplar of judicial indifference to the most basic rights of citizens to understand the nature of criminal proceedings directed against them. Yet, Kafka was not mentioned in an American judicial opinion until forty years after his death in 1924. Since the mid 1970s, however, Kafka’s name has appeared in more than 400 opinions written by American state and federal judges. Judges have used Kafka to criticize bureaucratic absurdity, unfair tribunals of all sorts, and even their own colleagues on the other side of an appellate …

Freedom Of Thought, Offensive Fantasies And The Fundamental Human Right To Hold Deviant Ideas: Why The Seventh Circuit Got It Wrong In Doe V. City Of Lafayette, Indiana, Clay Calvert

The University of New Hampshire Law Review

[Excerpt] “A precarious balance and considerable tension exists between two competing legal interests – the essential, First Amendment-grounded human right to freedom of thought, on the one hand, and the desire to prevent harm and injury that might occur if thought is converted to action, on the other. To understand this tension, it is useful to start by considering three different and disturbing factual scenarios.

This article examines and critiques the majority opinion of the Seventh Circuit Court of Appeals in City of Lafayette. The majority held that the city’s ban of John Doe, a convicted sex offender, from its …

Masthead, Volume 3, Number 2, 2005, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Three, Issue Number Two.

Table Of Contents, Volume 3, Number 2, 2005, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Three, Issue Number Two.

States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog

The University of New Hampshire Law Review

[Excerpt] “Consider the following hypothetical scenario: after an appeal by the American Civil Liberties Union, the Supreme Court determines that the Patriot Act is unconstitutional. This decision so infuriates President Bush that he seeks out the advice of his legal counsel in a frantic attempt to bypass the Court’s ruling. After some research, President Bush’s legal advisers give him two options: he can either attempt to pass an amendment to the constitution or, with the “advice and consent of the Senate,” he can sign the Patriot Act as a treaty with a foreign nation. Either of these measures will evade …

Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota

The University of New Hampshire Law Review

[Excerpt] "Microsoft Corporation, the world’s largest software company, has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century, a consent decree was reached between Microsoft, the United States government, and several states, that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004. In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System. While antitrust litigation was ongoing in the United States against …

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 …

Navigating Troubled Waters: Dealing With Personal Values When Representing Others, Mitchell M. Simon

Law Faculty Scholarship

Legal academics have long struggled to define the appropriate role a lawyer's moral judgment ought to play in client representation. In its simplest terms, the question is: Must a lawyer be a "hired gun," seeking all lawful objectives sought by a client, or may a lawyer act independently to avoid the harm a client's actions will cause innocent parties? Following disclosure of lawyer involvement in the Savings and Loan, Enron and WorldCom failures, many in society joined those scholars calling for greater moral responsibility.

In this article, I provide an analytical approach consistent with existing law and practice that seeks …

Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland

Law Faculty Scholarship

No abstract provided.

Library P-Notes Special Issue 2005

Library Notes

No abstract provided.

Library E-Notes Special Edition 2005

Library Notes

No abstract provided.

Secondary Sources: Top Ten, Susan Drisko Zago

Law Faculty Scholarship

Secondary sources are a legal researcher's best friend. They are a great place to begin researching a new topic as they provide a framework for understanding the subject. Not only will a good secondary source provide researchers with a way of approaching the topic, but it will also introduce beginning researchers to the language of the subject. Secondary sources also contain expert analysis, references to primary law such as cases, statutes, and regulations, and will also include such other resources as governmental reports, statistics, and other secondary sources. While secondary sources are an incredibly valuable research tool, they can offer …

Comment On Orphan Works, Thomas G. Field Jr

Law Faculty Scholarship

Terms of absolute exclusion exceeding the shelf life of particular works give no advantage to authors and publishers, and compulsory licenses are a fair means to increase public access.

Unh Law Alumni Magazine, Winter 2005, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Improving The Efficiency Of The Angel Finance Market: A Proposal To Expand The Intermediary Role Of Finders In The Private Capital Raising Setting, John L. Orcutt

Law Faculty Scholarship

The angel finance market is of critical importance to the financing and creation of rapid-growth start-ups, whose continuous creation plays a substantial role in the success of the U.S. economy. Unfortunately, the angel finance market suffers from systematic problems, including information and agency problems and high transaction costs, that limit its ability to adequately finance these rapid-growth start-ups. One reason for the angel market's inefficiency is the lack of meaningful financial intermediaries that operate in the market. One logical group that could serve a meaningful intermediary role in the angel market is finders. The current regulatory treatment of finders, however, …

Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd

Law Faculty Scholarship

Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription …

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

Law Faculty Scholarship

This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.

Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Allen Ford

Law Faculty Scholarship

Unsolicited bulk commercial email is an increasing problem, and though many states have passed laws aimed at curbing its use and abuse, for several years the federal government took no action. In 2003 that changed when Congress passed the CAN-SPAM Act. Though the law contains many different restrictions on spam messages, including some restriction of nearly every type that states had adopted, the Act was widely criticized as weak. Many of the CAN-SPAM Act's provisions are weaker than corresponding provisions of state law, and the Act preempts most state spam laws that would go farther, including two state laws that …

Women In The Web Of Secondary Copyright Liability And Internet Filtering, Ann Bartow

Law Faculty Scholarship

This Essay suggests possible explanations for why there is not very much legal scholarship devoted to gender issues on the Internet; and it asserts that there is a powerful need for Internet legal theorists and activists to pay substantially more attention to the gender-based differences in communicative style and substance that have been imported from real space to cyberspace. Information portals, such as libraries and web logs, are "gendered" in ways that may not be facially apparent. Women are creating and experiencing social solidarity online in ways that male scholars and commentators do not seem to either recognize or deem …

Human Rights And "Globalization", John J. Cerullo

The University Dialogue

No abstract provided.