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Articles 31 - 38 of 38
Full-Text Articles in Law
Universal Health Care, American Pragmatism, And The Ethics Of Health Policy: Questioning Political Efficacy, Daniel S. Goldberg
Universal Health Care, American Pragmatism, And The Ethics Of Health Policy: Questioning Political Efficacy, Daniel S. Goldberg
The University of New Hampshire Law Review
[Excerpt] “This article will explore the conceptual implications of applying ethical critique and analysis to health policy. This is not to imply any reductionist conception of health policy in which ethics is absent. As Deborah Stone and John W. Kingdon both note, policy is fraught with ethical implications, and value prioritization is a sine qua non for health policy. Nevertheless, I wish to suggest that there are some conceptually significant distinctions in thinking of the ethics of health policy as opposed to thinking separately about ethics and about health policy. Moreover, these distinctions themselves are of value, both in thinking …
Entitlements: Not Just A Health Care Problem, Andrew G. Biggs
Entitlements: Not Just A Health Care Problem, Andrew G. Biggs
The University of New Hampshire Law Review
[Excerpt] “A new consensus on entitlement reform has developed in Washington: rising per-capita health care spending is the only real crisis besetting the government‘s entitlement programs, while America‘s aging population and Social Security play minor roles at best. Some cite this view to shift the policy emphasis from entitlement cost control to the restructuring of the U.S. health sector, including private health care. But this new consensus is flawed. Using standard accounting practices and including all major government entitlement programs, population aging will play an equal role with health care cost growth over the next seventy-five years and a significantly …
A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky
A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky
The University of New Hampshire Law Review
[Excerpt] “On September 25, 1789, the First Congress of the United States put forth a set of constitutional amendments, ten of which would later become the Bill of Rights. The first of these amendments states, ―Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . . In subsequent caselaw, the U.S. Supreme Court has applied this prohibition to the federal government, as well as state governments through the Fourteenth Amendment. Although this appears to be a simple standard to follow, history has proven otherwise, and …
Unh Law Alumni Magazine, Winter 2009, University Of New Hampshire School Of Law
Unh Law Alumni Magazine, Winter 2009, University Of New Hampshire School Of Law
UNH Law Alumni Magazine
No abstract provided.
Practice Writing: Responding To The Needs Of The Bench And Bar In First-Year Writing Programs, Amy Vorenberg, Margaret Sova Mccabe
Practice Writing: Responding To The Needs Of The Bench And Bar In First-Year Writing Programs, Amy Vorenberg, Margaret Sova Mccabe
Law Faculty Scholarship
Do first year legal writing programs really prepare law students for the rigors of practice writing? This article begins to answer this question based on attorney and judge survey results, as well as interviews with judges who had also read student work in preparation for their interview. We found that while legal writing programs do provide a good foundation for legal writing skills, improvement can be made. Important changes that we have made at Pierce Law include shorter, more frequent assignments, variation/flexibility in choice of organizational paradigm, understanding the difference between settled and unsettled areas of law, and increased emphasis …
The Case Against Exempting Smaller Reporting Companies From Sarbanes-Oxley Section 404: Why Market-Based Solutions Are Likely To Harm Ordinary Investors, John Orcutt
Law Faculty Scholarship
Section 404 is arguably the most controversial provision of Sarbanes-Oxley (“SOX”). The controversy focuses on whether Section 404’s substantial compliance costs exceed the statute’s benefits, with no consensus on Section 404’s cost-effectiveness. If Section 404 turns out to be cost-ineffective, the companies that are most threatened are smaller companies, as cost-ineffective regulations tend to disproportionately harm smaller companies. This Article considers whether Congress and the SEC should exempt smaller reporting companies from Section 404 compliance, as that would allow for a market-based resolution to the uncertain value of Section 404 for smaller reporting companies. Smaller reporting companies would be relieved …
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
Law Faculty Scholarship
Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …
Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow
Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow
Law Faculty Scholarship
Efforts to decrease the sexist aspects of online fora have been largely ineffective, and in some instances seemingly counterproductive, in the sense that they have provoked even greater amounts of abuse and harassment with a gendered aspect. And so, in the wake of a series of high profile episodes of cyber sexual harassment, and a grotesque abundance of low profile ones, a new business model was launched. Promising to clean up and monitor online information to defuse the visible impact of coordinated harassment campaigns, a number of entities began to market themselves as knights in cyber shining armor, ready to …