Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (8)
- Intellectual Property Law (8)
- Civil Law (7)
- Law and Society (7)
- Litigation (7)
-
- Business Organizations Law (6)
- Conflict of Laws (6)
- Law and Economics (6)
- Legal Education (6)
- Constitutional Law (5)
- Gaming Law (5)
- Immigration Law (5)
- International Law (5)
- Supreme Court of the United States (4)
- First Amendment (3)
- Business (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Jurisprudence (2)
- Medicine and Health Sciences (2)
- Social Welfare Law (2)
- Dispute Resolution and Arbitration (1)
- Education Law (1)
- Entertainment, Arts, and Sports Law (1)
- Estates and Trusts (1)
- Evidence (1)
- Fourteenth Amendment (1)
- Judges (1)
- Juvenile Law (1)
- Keyword
-
- NCAA (3)
- NIL (3)
- Alston (2)
- Amateurism (2)
- Education (2)
-
- Free speech (2)
- Intellectual property (2)
- New Hampshire (2)
- O'Bannon (2)
- Social media (2)
- U.S. Supreme Court (2)
- Abortion (1)
- Absolute (1)
- Accidental Partnerships (1)
- Analytical method (1)
- Apportionment (1)
- Arbitration (1)
- Arbitration;ADR;Mediation;Alernative Dispute Resolution;Election Law;Federal Contested Elections Act (1)
- Aro Manufacturing (1)
- Asset valuation (1)
- Broken promises (1)
- COVID 19 (1)
- COVID-19 (1)
- Child (1)
- Civil Procedure (1)
- Civil procedure (1)
- Classroom (1)
- College Sports (1)
- Comparable licenses (1)
- Conception (1)
- Publication
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Law
Table Of Contents, Editorial Board
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
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 …
Undead Dicta Or Haunted Holdings? A Closer Look At The Zombie Subjective Intent Partnership Formation Cases, Joseph K. Leahy
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
Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern
The University of New Hampshire Law Review
No abstract provided.
Measuring The Inventor's Contribution, Christopher S. Storm
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 …
Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz
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 …
Masthead, Editorial Board
Masthead, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan
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
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.
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.
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
Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi
UNH Sports Law Review
No abstract provided.
Table Of Contents, Editorial Board
Masthead, Editorial Board
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
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
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
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."
Masthead, Editorial Board
Masthead, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
Dealing With U.S.-China Cultural Conflicts In Fcpa Enforcement: A Pluralistic Conflict-Of-Laws Approach, Ying Zhou
The University of New Hampshire Law Review
No abstract provided.
Table Of Contents, Editorial Board
Table Of Contents, Editorial Board
The University of New Hampshire Law Review
No abstract provided.
Editor’S Foreword, Cory D.N. Greenleaf
Editor’S Foreword, Cory D.N. Greenleaf
The University of New Hampshire Law Review
No abstract provided.
Contemplating Arbitration In Disputed Congressional Elections: A Case Study With The Closest Senate Election In U.S. History, Ben Sheppard
Contemplating Arbitration In Disputed Congressional Elections: A Case Study With The Closest Senate Election In U.S. History, Ben Sheppard
The University of New Hampshire Law Review
No abstract provided.
The Perfect Storm: Substance Abuse, Mental Illness, And Rural America, Bailey D. Barnes
The Perfect Storm: Substance Abuse, Mental Illness, And Rural America, Bailey D. Barnes
The University of New Hampshire Law Review
No abstract provided.
Is There A Rational Basis For Nh’S War On Marijuana Anymore?, Michael S. Lewis, Cassandra A. Moran
Is There A Rational Basis For Nh’S War On Marijuana Anymore?, Michael S. Lewis, Cassandra A. Moran
The University of New Hampshire Law Review
No abstract provided.
After The War On Drugs: Challenges Following Decriminalization, Tom Lininger
After The War On Drugs: Challenges Following Decriminalization, Tom Lininger
The University of New Hampshire Law Review
No abstract provided.
Moral Panic And The War On Drugs, Phil Lord
Moral Panic And The War On Drugs, Phil Lord
The University of New Hampshire Law Review
No abstract provided.
Commentary: The Pragmatic Consequentialism Of Justice Breyer, John M. Greabe
Commentary: The Pragmatic Consequentialism Of Justice Breyer, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Justice Stephen Breyer’s announcement of his intention to retire at the end of the Supreme Court’s current term provides occasion to contrast his approach to judging with the very different approach of the court majority he leaves behind. The contrast is frequently explained in partisan terms: Justice Breyer is a “liberal” who was appointed by a Democratic president (Bill Clinton), whereas the majority is “conservative,” having been appointed by three different Republican presidents (George H.W. Bush, George W. Bush, and Donald Trump).
The use of partisan labels to describe the different approaches to judging employed by the court’s two …
Commentary: Divisive Concepts And Regulation By Threat Of Baseless Lawsuit, John M. Greabe
Commentary: Divisive Concepts And Regulation By Threat Of Baseless Lawsuit, John M. Greabe
Law Faculty Scholarship
[Excerpt] "At the State House, attention has returned to New Hampshire's so-called 'divisive concepts' law. The law, enacted in 2021, bars public K-12 teachers from engaging in certain forms of instruction on issues of race, gender, and other forms of discrimination. The Legislature is presently considering bills both to repeal the law and to extend it to the higher education context.
Those who support repeal tend to emphasize the vital need for classroom conversations on topics near the periphery of the restraints on speech imposed by law. And rightly so. The law's purpose and effect are to deter teachers and …
Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Honors Theses and Capstones
The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …
Workplace Violence Prevention For Nurses And Healthcare Workers In The State Of Maine A Health Policy Initiative, Gretchen Forsley
Workplace Violence Prevention For Nurses And Healthcare Workers In The State Of Maine A Health Policy Initiative, Gretchen Forsley
DNP Scholarly Projects
Abstract
Background: Health care workplace violence is a pervasive and persistent problem, underreported, and when reported it is tolerated, excused, or ignored. Prior to the pandemic, the “normal” demands of a stressful workplace for a resilient nurse might include short staffing, a lack of resources, violence, bullying, and disruptive behaviors from patients or families. Since the pandemic, the rates of increasing healthcare violence can be attributed to several factors such as delays in care and services, reducing admissions and procedures, consistent understaffing, a lack of adequate mental health services, increased violence against women, limited or no visitor policies, low-security coverage, …