Law Commons^™

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Reconsidering The Foregone Conclusion Doctrine: Compelled Decryption And The Original Meaning Of Self-Incrimination, Norman Hobbie Jr.

The University of New Hampshire Law Review

The Self-Incrimination Clause of the Fifth Amendment prohibits the government from compelling an individual “to be a witness against himself.” The Supreme Court of the United States has long interpreted “witness” as “one who gives testimony.” Undoubtedly, this interpretation prevents the government from compelling a witness to take the stand and testify to his own demise. This interpretation also extends to the act of producing documents, giving rise to the so-called “act of production” doctrine. Yet if a court deems the testimonial value of the act minimal—in other words, not “sufficiently testimonial”—the government can compel production under the “foregone conclusion” …

When Coaching Becomes Criminal, Amanda J. Peters

The University of New Hampshire Law Review

No abstract provided.

Law And Sampling Theory, Jack Thorlin

The University of New Hampshire Law Review

Law involves a fundamental tradeoff, a sampling problem. In science, sampling problems emerge when trying to understand something complicated by considering discrete, manageable subsets of it—samples. When doing that, scientists must compromise between accuracy and resource-expenditure. Perfect accuracy requires infinite resources, such as a perfect digital image with infinite file size. Perfection being unattainable, scientists must decide what level of accuracy is best for any given case. Every kind of law, from parking regulations to criminal to high constitutional theory, is subject to the same dynamic.

Law’s sampling problem is the tradeoff between accurate representation of a community’s moral preferences …

Covid-19, Constitutional Law, And Catastrophe, Brendan Williams

The University of New Hampshire Law Review

No abstract provided.

Uncloaking The Invisible Hand: Reintroducing Fairness To Antitrust Analyses, Jennifer Coté

The University of New Hampshire Law Review

Antitrust doctrine adopted the Chicago School’s narrow consumer welfare and economic efficiency analysis in the early 1970s. Since then, enforcement has drastically reduced, and market concentration has substantially increased. But the Chicago School is not true to either the intent of the original antitrust legislation – the Sherman Act – nor to the ‘economist’ they adopted as their ultimate advocate, Adam Smith. The Chicago School has cherry picked Adam Smith’s written works to support market deregulation and the existence of a perfectly efficient, rational marketplace, but this is not an accurate rendition of his works. Rather, Adam Smith was a …

Covenants To Discriminate: How The Anti-Lgbt Policies Of Participating Voucher Schools Might Violate The State Action Doctrine, Preston C. Green Iii, Julie F. Mead, Suzanne E. Eckes

The University of New Hampshire Law Review

This article analyzes the legal arguments that students might make to compel states that subsidize private education through voucher, tax credit scholarship, and ESA programs to offer these programs on an equal basis, regardless of the sexual orientation or gender identity of the student or members of the student’s family. The first section provides an overview of voucher programs and discusses the prevalence of participating schools with anti-LGBT admissions policies. The second section evaluates constitutional challenges that students could make to invalidate the anti-LGBT admissions policies of participating voucher schools under the state action doctrine. Specifically, we explain the possibilities …

Going Viral?: Discouraging The Premature Use Of Civil Liability Strategies As A Response To Covid-19, Michelle L. Richards

The University of New Hampshire Law Review

In addition to the myriad of issues caused by the COVID-19 pandemic in the United States, the virus has also placed our legal system in a position of creating problems that can contribute to the spread of this pandemic. Despite the fact that the United States has been mired in the COVID-19 pandemic and vaccine strategies have been recently developed to provide protection from this virus, much is still unknown about the etiology of this virus and how to effectively control its spread. As a result, public health agencies at the federal, state, and local levels have only been able …

Covid-19 Rights & Responsibilities: Judicial & Legislative Responses To The Covid-19 Pandemic, Derek Kauffman

The University of New Hampshire Law Review

Planning a law review symposium during the Covid-19 pandemic felt trite at times. However, the editorial board saw an opportunity to highlight some of the many important legal issues raised during the pandemic. “Covid-19 Rights & Responsibilities: Judicial & Legislative Responses to the Covid-19 Pandemic” discusses personal liberties, how they were affected during the pandemic by state action, and the future implications from these actions. We are pleased to publish three brilliant author’s work, Dr. Cynthia Boyer, Amir Cahane, and Professor Michelle Richards. Thank you to the authors for their cooperation and feedback. Also, a special thank you is warranted …

Abortion Restrictions During A Pandemic At The Intersection Of The 13th Amendment And Electoral Legislation, Dr. Cynthia Boyer

The University of New Hampshire Law Review

The current pandemic is intensifying restrictions on a wide range of fundamental rights which form a key pillar of the rule of law, it includes access to reproductive rights. Some states have moved forward with their ideological quest of control and infringement of constitutional rights in order to ban or limit abortion what is a fundamental attack on constitutional rights and in particular those associated with the Thirteenth Amendment. These restrictions on abortion resulting from the proclamation of a state of emergency follow the path already taken by certain states to reinforce their coercive measures. They raise major legal and …

Israel’S Sigint Oversight Ecosystem: Covid-19 Secret Location Tracking As A Test Case, Amir Cahane

The University of New Hampshire Law Review

By mid-March 2020, Israel had experienced the first wave of the COVID-19 pandemic. Within a fortnight, confirmed coronavirus cases surged from half a dozen to 178 cases. In response to the challenge of identifying potential carriers, the government tasked the Israeli Security Agency (the ISA, or Shin Bet) with tracing the routes of confirmed coronavirus patients via cellphone location tracking and identifying individuals with whom the patients had been in close contact.

Israel's ISA communications metadata collection measures have been shrouded in veil of secrecy. The debate – in parliament and in court – regarding the use of the country's …

“Smart” Lawyering: Integrating Technology Competence Into The Legal Practice Curriculum, Dyane L. O'Leary

The University of New Hampshire Law Review

Technology has changed modern law practice. Ethics rules obligate lawyers to understand whether, when, and how to use it to deliver services. But most law schools do not incorporate the so-called “Duty of Technology Competence” into the required curriculum. Despite broad calls for legal education to make students more practice-ready, there is no clear path forward for how to weave this valuable professional skill into coursework for all students. This Article supplies one.

The legal practice course should pair technology competence with traditional legal writing and research work. Lawyers do not draft memos or perform legal research or manage caseloads …

Biotechnology Patent Law Top Ten Of 2019: Secret Sales, Denied Appeals, And The Promise Of Coronavirus Cures, Kevin E. Noonan, Andrew W. Torrance

The University of New Hampshire Law Review

No abstract provided.

New England State Senates: Case Studies For Revisiting The Indirect Election Of Legislators, Tyler Quinn Yeargain

The University of New Hampshire Law Review

No abstract provided.