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University of New Hampshire

2019

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Articles 1 - 30 of 35

Full-Text Articles in Law

Masthead, Editorial Board Nov 2019

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


From Impairment Of Contracts To Institutional Academic Freedom: The Enduring Significance Of The Dartmouth College Case, David M. Rabban Nov 2019

From Impairment Of Contracts To Institutional Academic Freedom: The Enduring Significance Of The Dartmouth College Case, David M. Rabban

The University of New Hampshire Law Review

No abstract provided.


Editor's Foreward, Editorial Board Nov 2019

Editor's Foreward, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


Table Of Contents, Editorial Board Nov 2019

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


Doctrinal Evolution And The Right Against Self-Incrimination, Eliot T. Tracz Nov 2019

Doctrinal Evolution And The Right Against Self-Incrimination, Eliot T. Tracz

The University of New Hampshire Law Review

The Fifth Amendment’s right against self-incrimination is one of the most well-known constitutional protections as it is often referenced in movies, television shows, and in the news. Despite this wide-spread awareness of the right against self-incrimination, the Federal Circuit Courts remain split over whether the right attaches before or during trial. The specific point of contention is when a “criminal case” commences.

This article examines the history of the right against self-incrimination beginning with its common-law origins in Great Britain. The evolution of the right against self-incrimination is explored up to the present-day circuit split, and the cases involved in …


First In Elections, First In Reforms: Can New Hampshire Be First In The Nation To Implement Changes To Campaign Finance?, Lisa M. Bianco Nov 2019

First In Elections, First In Reforms: Can New Hampshire Be First In The Nation To Implement Changes To Campaign Finance?, Lisa M. Bianco

The University of New Hampshire Law Review

As Americans prepare for the 2020 presidential election, one thing is for certain—the candidates will make their way into your home. While they might not physically step foot into your living room, they will appear on your television, on your laptop, and on your phone. Why? Because in the United States, campaigns are won by candidates communicating with you, the voters. It is not feasible to physically shake hands with the entire population of the country. Instead, individuals running for office have to introduce themselves to voters some other way. Television advertisements, sponsored posts on social media, and robocalls are …


Wax, Wick, And Flame: Performing Daniel Webster's Peroration From The Dartmouth College Case, Thomas S. Burack Nov 2019

Wax, Wick, And Flame: Performing Daniel Webster's Peroration From The Dartmouth College Case, Thomas S. Burack

The University of New Hampshire Law Review

No abstract provided.


Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young Nov 2019

Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young

The University of New Hampshire Law Review

No abstract provided.


Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman Nov 2019

Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman

The University of New Hampshire Law Review

When scholars discuss Judge Learned Hand’s approach to contract interpretation, they refer to him as a “great formalist commercial lawyer” who was a “pure objectivist” exhibiting a “crusader’s zeal” for the objective theory of contract. He is identified as a leading advocate of the classical approach to contract interpretation, which dominated American law in the late nineteenth and early twentieth centuries. But Hand’s reputation—built from three of his opinions—clashes with his reputation as a pre-Realist critic of formalism and as an intentionalist in statutory interpretation. This Article explores just how far Hand applied a strict objective approach to contract interpretation …


The Dartmouth College Case And The Founding Of Historically Black Colleges, Kate Stith, Claire Blumenthal Nov 2019

The Dartmouth College Case And The Founding Of Historically Black Colleges, Kate Stith, Claire Blumenthal

The University of New Hampshire Law Review

No abstract provided.


Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski Nov 2019

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.


Data Scams, Roger Allan Ford Nov 2019

Data Scams, Roger Allan Ford

Law Faculty Scholarship

Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …


Review Of Ian Kerr And Jane Bailey, The Implications Of Digital Rights Management For Privacy And Freedom Of Expression, 2 Journal Of Information, Communication & Ethics In Society 87 (2004), Ann Bartow Sep 2019

Review Of Ian Kerr And Jane Bailey, The Implications Of Digital Rights Management For Privacy And Freedom Of Expression, 2 Journal Of Information, Communication & Ethics In Society 87 (2004), Ann Bartow

Law Faculty Scholarship

Ian Kerr, who passed away far too young in 2019, was an incisive scholar and a much treasured colleague. The wit that sparkled in his papers was matched only by his warmth toward his friends, of whom there were many. He and his many co-authors wrote with deep insight and an equally deep humanity about copyright, artificial intelligence, privacy, torts, and much much more.

Ian was also a valued contributor to the Jotwell Technology Law section. His reviews here display the same playful generosity that characterized everything else he did. In tribute to his memory, we are publishing a memorial …


Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca Sep 2019

Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca

Law Faculty Scholarship

Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in applying the test. But the Supreme Court has never said which, if any, of the factors are the most important in the analysis, nor has anyone determined whether the underlying purpose—enhancing predictability and certainty—has been attained.

This empirical Study uses content …


Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig Sep 2019

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig

Law Faculty Scholarship

Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.

This article reviews …


Do Female Investors Support Female Entrepreneurs? An Empirical Analysis Of Angel Investor Behavior, Seth C. Oranburg, Mark Geiger Jun 2019

Do Female Investors Support Female Entrepreneurs? An Empirical Analysis Of Angel Investor Behavior, Seth C. Oranburg, Mark Geiger

Law Faculty Scholarship

There is an ongoing debate on why female entrepreneurs face greater challenges than their male counterparts do in raising capital for their companies. Rooted in homophily – theory supporting the notion that women support women – is the argument that there are not enough female investors to support female-led firms. In the context of accredited investor-investee exchanges, we explored whether the gender of investor and the gender of investee’s CEO are related. Using a United States sample of 529 investments from fiscal year 2018, we found a significant association between the gender of the investor and the gender of the …


No Good Deed Goes Unpunished: How The New Hampshire Probate Court Has Strengthened The Power Of The Attorney General In Charitable Trust Suits, Angelina M. Spilios Mar 2019

No Good Deed Goes Unpunished: How The New Hampshire Probate Court Has Strengthened The Power Of The Attorney General In Charitable Trust Suits, Angelina M. Spilios

The University of New Hampshire Law Review

As Americans increasingly use estate planning tools to provide for their favorite charities, the charitable trust is an important instrument that fits uniquely into general trust law. While charitable trusts are similar to private trusts to a great extent, there are also some critical differences between the two vehicles, especially regarding their enforcement. Specifically, state attorneys general play a special role in the enforcement of charitable trusts. This Note examines this special role of the state attorney general—namely, how trustees interact with the attorney general, arguments for why the role of the attorney general needs to be reformed or eliminated, …


Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery Mar 2019

Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery

The University of New Hampshire Law Review

The Senate proceedings occasioned by Dr. Christine Blasey Ford’s allegation against Justice Brett Kavanaugh left the then-nominee calling them a “circus” and observers confused about who was supposed to prove what and by what standard. Since the Senate is ill-suited to sorting out cases and controversies (and since the Ford-Kavanaugh matter will surely not be the last of its kind), the Senate should adopt standards (burdens of proof) for future judicial-nominee proceedings that it borrows from a sister branch—the judiciary.

In any proceeding, the burden must be laded—it must be determined which party has the burden in the first place. …


Environmental Personhood And Standing For Nature: Examining The Colorado River Case, Matthew Miller Mar 2019

Environmental Personhood And Standing For Nature: Examining The Colorado River Case, Matthew Miller

The University of New Hampshire Law Review

As the planet faces the growing threat of climate change, environmental advocates are searching for alternative legal avenues to protect natural entities in the courts. In 2017, the Colorado River Ecosystem brought a lawsuit against the State of Colorado for violating its constitutional rights. The advocates behind this action were seeking to establish in federal court two doctrines that have made strides in other countries as part of the international Rights of Nature movement: environmental personhood and standing for nature. Environmental personhood would recognize natural entities as legal persons, endowing them with corresponding rights and duties under the law. Standing …


Masthead, Editorial Board Mar 2019

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


Confronting A Monument: The Great Chief Justice In An Age Of Historical Reckoning, Michael S. Lewis Mar 2019

Confronting A Monument: The Great Chief Justice In An Age Of Historical Reckoning, Michael S. Lewis

The University of New Hampshire Law Review

The year 2018 brought us two new studies of Chief Justice John Marshall. Together, they provide a platform for discussing Marshall and his role in shaping American law. They also provide a platform for discussing the uses of American history in American law and the value of an historian’s truthful, careful, complete, and accurate accounting of American history, particularly in an area as sensitive as American slavery.

One of the books reviewed, Without Precedent, by Professor Joel Richard Paul, provides an account of Chief Justice Marshall that is consistent with the standard narrative. That standard narrative has consistently made …


Table Of Contents, Editorial Board Mar 2019

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


The Low Water Mark For Beach Access: Defending Government Protection Of Intertidal Recreation As A Lawful Exercise Of State Power, Alexander Gazikas Mar 2019

The Low Water Mark For Beach Access: Defending Government Protection Of Intertidal Recreation As A Lawful Exercise Of State Power, Alexander Gazikas

The University of New Hampshire Law Review

Beaches are a natural resource ideally suited for public recreation. The public generally has a right to access this intertidal land, but the purpose and scope of public access vary greatly between states. Consistent with national trends toward greater public access, the legislatures of Massachusetts and Maine have attempted to expand public beach access rights to include the right to engage in general recreation below the mean high tide line. However, the Supreme Judicial Courts of both states have declared that such legislation would be an unconstitutional taking of property requiring compensation to the abutting landowners and held that public …


Bill To Restrict Indoor Tanning For Minors In The State Of Maine, Jamie M. Lowery Jan 2019

Bill To Restrict Indoor Tanning For Minors In The State Of Maine, Jamie M. Lowery

DNP Scholarly Projects

Background: Melanoma is the deadliest and the most common type of cancer in individuals age 15 to 29. Evidence has shown that ultraviolet radiation overexposure at younger ages significantly increases the risk of developing non-melanoma and melanoma skin cancer in later years. Despite these concerns, approximately 1.6 million minors under the age of 18 participate in the use of indoor tanning devices annually. The high prevalence of skin cancer in the United States continues to be a public health issue that warrants continued preventative and regulatory action. In spite of the health risks associated with indoor tanning, the state of …


Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, Matthew Lostocco Jan 2019

Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, Matthew Lostocco

Honors Theses and Capstones

In recent years, Internet of Things (IoT) devices have exploded on the consumer scene. These emerging products bring new technological capabilities into our everyday lives. IoT is projected to contribute anywhere from $4-11 trillion to the global economy and companies are investing billions of dollars into the technology. However, with the vast amount of data that IoT devices collect, consumers are burdening the risk of having their personal data breached or sold to third parties. This paper first identifies why consumers may be weary or willing towards providing their personal data and how unconscious biases in the purchasing process cause …


Relationships Between Corporate Inversions And The Tax Cuts & Jobs Act, Sedona L. Clothier Jan 2019

Relationships Between Corporate Inversions And The Tax Cuts & Jobs Act, Sedona L. Clothier

Honors Theses and Capstones

No abstract provided.


Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow Jan 2019

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."


One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr Jan 2019

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.


Legal Education Unbundled (And Rebundled), Megan Carpenter Jan 2019

Legal Education Unbundled (And Rebundled), Megan Carpenter

Law Faculty Scholarship

This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.


Introductions, Tonya M. Evans, Julia Spivak Jan 2019

Introductions, Tonya M. Evans, Julia Spivak

Law Faculty Scholarship

An introduction to the Symposium and an introduction to Blockchain technology in preparation for the topics of the rest of the symposium.