Law Commons^™

The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Where Is Home Depot "At Home"?: Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Al Bahlul Argument: Article Iii, Conspiracy, And Precepts Of International Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Designing Law School Externships That Comply With The Flsa, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Article Iii, The Framers, And Al Bahlul: A Reply To Steve, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran

Law Faculty Scholarship

The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS …

Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Bahlul And The Power Of Congress To Define International Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Pclob On Human Rights & 702: Punt Or Long Game?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore

Law Faculty Scholarship

This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as matters of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.

Professor Thomas G. Field, Jr.: Pioneer In Intellectual Property Education, Teacher, Mentor, And Scholar, Jon R. Cavicchi

Law Faculty Scholarship

It is almost an impossible endeavor to summarize the forty plus year career of Thomas G. Field, Jr. Regarding this inquiry, Field might say, "If you want to know what I have done, look at my C. V. on the web!" His ten page, single-spaced "Abbreviated Curriculum Vitae" only sets the factual stage for the incredible career that spanned the entire life of the University of New Hampshire School of Law ("UNH School of Law" or "UNH Law"). The real story is only told by Field himself, his contemporaries, colleagues, and the thousands of students whose life he touched. This …

Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

In Re Qimonda Ag: The Conflict Between Comity And The Public Policy Exception In Chapter 15 Of The Bankruptcy Code, John J. Chung

Law Faculty Scholarship

No abstract provided.

The Us And Human Rights: A Federalist Society Debate, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

Law Faculty Scholarship

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …

Transcending Equality Versus Adequacy, Joshua Weishart

Law Faculty Scholarship

A debate about whether all children are entitled to an "equal" or an "adequate" education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on.

Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood to require a level of spending sufficient to satisfy some absolute, rather than relative, educational threshold In practice, however, many courts interpreting their states' constitutional …

Of Relevance And Reform Under Section 215, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Fisc Query Preapproval: Intelligence Burden Or Bump In The Road?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe

Law Faculty Scholarship

SUMMARY OF ARGUMENT

The Governor confines her argument in this amicus brief to whether the superior court correctly concluded that the education tax credit program enacted under RSA § 77-G violates Article 83 insofar as it permits organizations authorized to receive donations subsidized by the credit to use those donations to fund student scholarships to religious, non-public schools. In the Governor’s view, the superior court’s finding of unconstitutionality was correct.

In its text, structure, and history (including its interpretive history), the New Hampshire Constitution significantly differs from the First Amendment’s Establishment Clause with respect to the question whether revenue generated …

Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

College Students And State Voter Id Laws: Can I Vote In The State Where I Attend College? I Have A Student Id Card, Tracey Carter

Law Faculty Scholarship

Presidential debates are purposely held on college campuses because it is well-known that college students are a large voting population who often serve as leaders when it comes to political activism and community involvement. Moreover, when students leave home to attend college, some of them want to vote in their college towns. In fact, the U.S. Supreme Court in its 1979 landmark decision in Symm v. United States held that students have the constitutional right to register and vote where they attend college. However, despite the Symm’s decision and other constitutional protections, college students also have to be knowledgeable about …