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New And Useful Improvements: The Role Of Institutional Culture, Leadership, Incentives, And Regulation In 30 Years Of Legal Education Since The Maccrate Report, Greg Brandes

The University of New Hampshire Law Review

New and useful improvements – in the words of the patent statute – have emerged from legal education’s pursuit of seamlessly developing contributing members of the legal profession, as the 1992 MacCrate Report advocated. These include the widespread adoption of distance learning techniques for better teaching and assessment, course pedagogy that is more inclusive for students with diverse learning needs, and a new subset of the academy schooled and interested in the science of teaching and learning. But it has not been easy.

Efforts to improve legal education have sometimes foundered and other times flourished because of varying faculty and …

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

A Drug's Life: The Untapped Potential Of Secondary Pharmacology Studies In Drug Development, Christina Scott

The University of New Hampshire Law Review

The United States Food and Drug Administration has evolved over the past century to regulate new medicine and protect the public from harmful or ineffective drugs. Drug development and testing science have advanced rapidly alongside the FDA’s increased regulation, enabling pharmaceutical companies to assess a drug's potential adverse reactions by studying its reactivity with various proteins called "off-target receptors." Off-target proteins are often screened and reported in the Investigational New Drug Application as a percentage indicating the drug's binding strength to each protein, which suggests the strength of a particular adverse drug effect. Adverse drug effects often lead to unfavorable …

Risk Taking And Reform In Legal Education, Mariah E. Thomas Thurston

The University of New Hampshire Law Review

No abstract provided.

Major Reform With Minor Risk: Implementation Of Change Initiatives As A Learning Challenge, Sara J. Berman, Chance Meyer

The University of New Hampshire Law Review

The call for change in legal education has been loud and clear for more than a century. Despite some resistance among powerholders who benefit from status quo, faculty and administrators across the country work earnestly to solve problems, improve learning, and promote equity. Yet time and again, initiatives are logjammed, shot down as unworkable, misimplemented, or abandoned prematurely when they do not meet unrealistically high expectations for immediate, dramatic results. This article builds on the premises that (1) change is needed, (2) a wide range of sound change ideas for reform and progress are available, and (3) effective implementation of …

Reimagining Legal Education: Insights From Unh Franklin Pierce's First 50 Years, Christopher S. Reed

The University of New Hampshire Law Review

Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available at the time, and the curriculum overall emphasized practical skills over theory.

Today, half a century later, Dr. Rines’s vision not only endures, but flourishes.

In addition to becoming one of the world’s most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law∗ is the home of two pioneering …

Risk-Taking And Reform: Innovation For A Better Education, Megan M. Carpenter

The University of New Hampshire Law Review

No abstract provided.

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …

Interpreting Parenting Plans As Contracts, William B. Reingold Jr.

The University of New Hampshire Law Review

When parents are divorced or separated, a parenting plan serves as a legal instrument to govern the means by which they raise their children. Most parents are able to compromise and reach an agreed-upon parenting plan without resorting to a trial or court intervention. These agreed-upon parenting plans are, in a manner of speaking, contracts that these parents must abide by. But too often parenting plans are not treated or considered in the same way we perceive ordinary contracts. They should be. This essay examines the interplay between courts reviewing agreed-upon plans, the best interest standard, and basic contract interpretation.

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.

Is Internet Voting Trustworthy? The Science And The Policy Battles, Andrew W. Appel

The University of New Hampshire Law Review

According to clear scientific consensus, no known technology can make internet voting secure. In some applications—such as e-pollbooks (voter sign-in), voter registration, and absentee ballot request—it is appropriate to use the internet, as the inherent insecurity can be mitigated by other means. But the insecurity of paperless transmission of a voted ballot through the internet cannot be mitigated.

The law recognizes this in several ways. Courts have enjoined the use of certain paperless or internet-connected voting systems. Federal law requires states to allow voters to use the internet to request absentee ballots but carefully stops short of internet ballot return …

Total Vote Runoff: A Majority-Maximizing Form Of Rank Choice Voting, Edward B. Foley

The University of New Hampshire Law Review

Total Vote Runoff (TVR) is an electoral system designed to be identical to Instant Runoff Voting (IRV), which is the most commonly understood and implemented form of Ranked Choice Voting (RCV) in the United States, except for one key detail. Like IRV, TVR sequentially eliminates the weakest candidate on the ranked-choice ballot when no candidate is ranked first on a majority of ballots. Unlike IRV, however, TVR identifies the weakest candidate to be eliminated based on the total votes each candidate receives on all the ballots, rather than just the number of first-place votes (as IRV does). A candidate’s total …

Editor's Foreword, Kyle C. Kopko

The University of New Hampshire Law Review

No abstract provided.

The Role Of State Courts In Constraining Partisan Gerrymandering In Congressional Elections, Jonathan Cervas, Bernard Grofman, Scott Matsuda

The University of New Hampshire Law Review

Federal courts were once seen as the place for partisan gerrymandering challenges to be lodged, but after thirty-plus years of failing to find any redistricting plan to be a partisan gerrymander, even while holding partisan gerrymandering to be justiciable, the Supreme Court announced in Rucho v. Common Cause, 139 S.Ct. 2484, that partisan gerrymandering is not justiciable in federal courts. State courts are now seen as the only place where a remedy for egregious partisan gerrymandering might be sought (except, of course, for taking redistricting out of the hands of the state legislature and moving responsibility into a bipartisan …

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 …

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 …

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.

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

The University of New Hampshire Law Review

No abstract provided.

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

The University of New Hampshire Law Review

No abstract provided.

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.

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 …

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 …

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.

West Mesa Murders Informational Website, Olivia Jackman, Lauren Hunter

Spectrum

No abstract provided.

Pervasive Infancy: Reassessing The Contract Capacity Of Adults In Modern America, Michael S. Lewis

The University of New Hampshire Law Review

This article argues that the law of consumer contracts should permit adults to access the same protections available to children where data about adult performance indicates that the two categories of people are similarly situated within the domain of consumer contracts. In making this claim, this article relies upon a description of capacity articulated by Professor Martha Nussbaum in her important work on the subject. Professor Nussbaum explains that capacity is a function, not only of a person’s innate capabilities, but of a person’s opportunity or ability to deploy those capabilities within environmental limitations. Capacity to contract in a free …