Law Commons^™

“Magna Carta: Enduring Legacy 1215-2015” On Display At Unh School Of Law, University Of New Hampshire School Of Law

Publicity Materials

Page from the University of New Hampshire School of Law web site with details about the hours and location of the exhibit Magna Carta: An Enduring Legacy, 1215-2015.

[Magna Carta Symposium Invitation], University Of New Hampshire School Of Law

Symposium Publicity Materials

Symposium invitation and program of events for An Evening Celebrating the Signing of the Magna Carta held at the University of New Hampshire School of Law on April 12, 2016. The event featured a reception followed by remarks by UNH Professor of History David Bachrach and Professor of Law Marcus Hurn.

Exhibits, Concord Monitor

Media Coverage

Event listing for the exhibit Magna Carta: An Enduring Legacy, 1215-2015 from the print version of the Concord Monitor newspaper.

An Enduring Legacy: A Symposium On The Magna Carta, University Of New Hampshire School Of Law

Symposium Publicity Materials

University of New Hampshire School of Law web page announcement for a symposium held at UNH Law on April 12, 2016 in celebration of the 800^th anniversary of the signing of the Magna Carta. The symposium included a reception followed by featured remarks by UNH Professor of History David Bachrach and Professor of Law Marcus Hurn.

The Nebraska Transcript, Spring 2016, Vol. 49 No.1

Nebraska Transcript

2 Dean’s Message -- Richard Moberly

Faculty Updates

4 Works, Kirst & Lyons retirement

6 Faculty Notes

Around the College

17 Moberly appointed interim dean

18 Berger, assoicate dean

18 Sullivan joins Law College

19 Beard & Hurwitz named Trailblazers

Feature

20 Poser closes UNL chapter

Around the College

23 3L gains policy work experience

24 ILSA hosts USPTO’s Morris

25 West African leaders share insight

26 McCoy joins admissions office

27 BYC Boost program

28 Collingsworth, Dean’s roundtable

29 Yale’s Langbein delivers lecture

30 Heiliger, Sheldon at UNK

31 Vinton competes on Jeopardy

32 LL.M., Carns earns promotion

32 …

Intellectual Property And Related Rights In Climate Data, Michael Carroll

Articles in Law Reviews & Other Academic Journals

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …

Keeping Up With New Legal Titles, Tina M. Brooks

Law Faculty Scholarly Articles

In this book review, Tina M. Brooks discusses Voters' Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections by Chris W. Bonneau and Damon M. Cann.

Migrant Access To Healthcare: A Study Of Undocumented Migrant Access To Sexual Healthcare & Family Planning Services In Switzerland In 2016, Emily Egbert

Independent Study Project (ISP) Collection

The Swiss healthcare system has experienced a significant influx of vulnerable migrants over the past few years. This presents a challenge to providers and policy makers to account for and provide aid to these non-­‐ Swiss citizens, such as undocumented migrants (UDM), whose status and circumstances may impede their access to healthcare. Along with this, various cultural barriers may present further challenges to access to the health system. This paper explores UDM access to health through the lens of sexual healthcare and family planning. In examining sexual health, the issues of sexually transmitted infections (STIs), HIV/AIDS, and sexual violence were …

The Federal Big Data Research And Development Strategic Plan, The Networking And Information Technology Research And Development Program, Big Data Senior Steering Group

Copyright, Fair Use, Scholarly Communication, etc.

This document was developed through the contributions of the NITRD Big Data SSG members and staff. A special thanks and appreciation to the core team of editors, writers, and reviewers: Lida Beninson (NSF), Quincy Brown (NSF), Elizabeth Burrows (NSF), Dana Hunter (NSF), Craig Jolley (USAID), Meredith Lee (DHS), Nishal Mohan (NSF), Chloe Poston (NSF), Renata Rawlings-Goss (NSF), Carly Robinson (DOE Science), Alejandro Suarez (NSF), Martin Wiener (NSF), and Fen Zhao (NSF).

A national Big Data1 innovation ecosystem is essential to enabling knowledge discovery from and confident action informed by the vast resource of new and diverse datasets that are rapidly …

The Mouse That Trolled (Again), Robert Cook-Deegan, Saurabh Vishnubhakat, Tania Bubela

Faculty Scholarship

We welcome the opportunity to respond to the commentaries on our paper-The Mouse that Trolled-by Hardy, Sarnoff, and Cordova and Feldman. Their comments are academic criticism in the very best sense. We also take the opportunity to update on recent legal actions, which we had not predicted. This opportunity enriches our narrative history of the patenting of the APPswe mutation for early onset Alzheimer's disease, and we hope the continued saga is of interest.

Dna, Blue Bus, And Phase Changes, Edward K. Cheng, G. Alexander Nunn

Faculty Scholarship

In ‘Exploring the Proof Paradoxes’, Mike Redmayne comprehensively surveyed the puzzles at the intersection of law and statistics, the most famous of which is the Blue Bus problem, which prohibits legal actors from ascribing liability purely on the basis of probabilistic evidence. DNA evidence, however, is a longstanding exception to Blue Bus. Like Blue Bus, DNA presents probabilistic evidence of identity. Unlike Blue Bus, DNA is widely accepted as legitimate, even when it stands alone as so-called ‘naked’ statistical evidence. Observers often explain such DNA exceptionalism in two ways: either that people break down in extreme cases, or relatedly, that …

Foreword: Innocent Until Proven Poor, Sara Zampierin

Faculty Scholarship

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.

Assembled Products: The Key To More Effective Competition And Antitrust Oversight In Health Care, William M. Sage

Faculty Scholarship

This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector’s long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned …

A Global Solution To A Global Refugee Crisis, James C. Hathaway

Articles

The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.

Unilateral Invasions Of Privacy, Roger Allan Ford

Law Faculty Scholarship

Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …

The Patent Spiral, Roger Allan Ford

Law Faculty Scholarship

Examination — the process of reviewing a patent application and deciding whether to grant the requested patent — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving meritorious ones. It also acts as a costly screen, discouraging applicants from seeking low-value patents. Yet despite these dual roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant invalid patents that should be filtered out by a substantive screen) and too cheap to do so (because examiners grant low-value nuisance patents that …

Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw

Articles

This Article analyzes the word “spouse” in the European Union’s Family Migration Directives in detail, focusing on the treatment of married bi-national same-sex couples. Through these directives, the European Union exercises significant authority over family-based immigration and internal migration, expressly providing immigration rights to the “spouses” of E.U. citizens and legal residents. However, family law, including the familial status of “spouses” is governed by individual E.U. member states. While a growing number of member states authorize same-sex marriage, the majority still do not. The E.U., therefore, must determine how to treat migrating couples who are legal spouses in one member …

The Evolution Of The Scope And Political Ambition Of The State Attorneys General, Elizabeth A. Brumleve

Honors Theses

The state attorneys general (AGs) play a crucial role in government, on both a state and national level. They provide the legal voice of the state in matters ranging from the defense of state laws to consumer protection and, for some, criminal prosecution. The increase in the amount of multistate litigation undertaken by the attorneys general and their growing influence over policy reflect an expansion in the scope of this office. Furthermore, the AG’s office provides an effective record-building platform from which candidates can, and often do, establish campaigns for higher office. The 1998 Tobacco Master Settlement Agreement (MSA), a …

In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan J. Meese

Faculty Publications

No abstract provided.

Now Is The Time: Experts Vs. The Uninitiated As Future Nominees To The U.S. Court Of Appeals For Veterans Claims, Bradley W. Hennings, David E. Boelzner, Jennifer Rickman White

Faculty Publications

Two-thirds of judges appointed to the Court of Appeals for Veterans Claims ("CAVC" or "Court") could and should be drawn from among lawyers experienced in the U.S. Department of Veterans Affairs ("VA") benefits claims adjudication system. It is a specialty court, and like other such courts, its judges would benefit from specialized experience. All stakeholders in the claims system and the Court's work, and most importantly, veterans, would benefit from a Court that has appointees steeped in VA law and adjudication.

The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz

Faculty Publications

Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple” and very protective of privacy was overly optimistic. This article reviews lower court decisions in the year since Riley and finds that the search warrant requirement is far less protective than expected. Rather than restricting search warrants to the narrow evidence being sought, some magistrates have issued expansive warrants authorizing a search of the entire contents of the phone with no restrictions whatsoever. Other courts have authorized searches …

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Doug Kahn - A Personal Appreciation, Patricia D. White

Articles

No abstract provided.

Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder

Articles

Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating on how its underlying technology – the blockchain – can be put to use for wide variety of uses. For example, economists at the Fed and other central banks have suggested that they should encourage the evolution of bitcoin’s blockchain protocol which might allow financial transactions to clear much efficiently than under our current systems. As such, it also holds out the possibility of becoming that …

Innovation Prizes In Practice And Theory, Michael J. Burstein, Fiona Murray

Articles

Innovation prizes in reality are significantly different from innovation prizes in theory. The former are familiar from popular accounts of historical prizes like the Longitude Prize: the government offers a set amount for a solution to a known problem, like £20,000 for a method of calculating longitude at sea. The latter are modeled as compensation to inventors in return for donating their inventions to the public domain. Neither the economic literature nor the policy literature that led to the 2010 America COMPETES Reauthorization Act — which made prizes a prominent tool of government innovation policy — provides a satisfying justification …

The Federalist Safeguards Of Politics, Anthony Johnstone

Faculty Law Review Articles

This Article argues that states do and should play as important a role as the federal government in articulating and implementing the law governing state political processes, or in formal terms, their republican forms of government.20 The argument has four parts. Part I introduces the basic meaning of the guarantee and its amendment. Beyond a consensus that holds our republicanism to require basic political equality, various perfectionist conceptions of a republican form of government diverge, giving way to the essential pluralism of republican governments in a federal system. Part II explains how the Supreme Court, Congress, and the Executive are …

The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik

Research Collection Yong Pung How School Of Law

Online businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process, …

Recalibrating The Roles Of The Dutch Parliament And Dutch Judges When Engaging With International Law?, Maartje De Visser

Research Collection Yong Pung How School Of Law

Two proposals are currently pending before the Dutch Parliament that purport to enhance its role in managing the relationship between domestic law and international agreements. Both were introduced as private-member bills by MP Taverne, a member of the liberal party (VVD) that is in coalition government with Labour (PvdA).

Solving The Puzzle Of Corporate Governance Of State-Owned Enterprises: The Path Of Temasek Model In Singapore And Lessons For China, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

The purpose of this Article is to examine the corporate governance of state-owned enterprises (SOEs) in the Asian context by empirically surveying the influence of Temasek Holdings, Singapore’s sovereign wealth fund, on its portfolio of government-linked companies in Singapore. Overall, the Temasek model seems to be a promising one. This Article shows that the top listed government-linked companies in which Temasek has a stake have greater board independence than the other top listed companies in Singapore. This illustrates that a high quality of corporate governance could be aligned with public interests associated with SOEs. While this research offers hope for …

Courts, Constituencies, And The Enforcement Of Fiduciary Duties In The Nonprofit Sector, Joseph Mead, Michael Pollack

All Maxine Goodman Levin School of Urban Affairs Publications

Directors of nonprofit organizations owe fiduciary duties to their organizations, but the content of these duties—and how and when courts should enforce these duties—has long been debated among scholars and courts. This debate emerges in several areas, including the level of deference to be shown by courts to nonprofit directors (the business judgment rule), who should be allowed to sue to enforce duties (standing), and the type of relief available to prevailing plaintiffs (remedies). Existing literature explores these legal rules in isolation and in abstraction, generally failing to consider how the rules interact with each other and ignoring the empirical …