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

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 …

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 …

Table Of Contents

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.

Judging Our New Judges: Why We Must Remove Artificial Intelligence From Our Courtrooms Now, Kieran Duffy Newcomb

Honors Theses and Capstones

In this paper, I explore some of the ways in which artificial intelligence might enhance the sentencing process through recidivism prediction technology. Notably, this technology can increase the accuracy of risk predictions and the speed with which sentencing decisions are reached. I then show, however, that the recidivism prediction technology is likely to turn into what data scientist Cathy O’Neil calls a Weapon of Math Destruction. The potential harmfulness of this technology is due not to the inherent nature of the technology, but the symbiotic relationship it will have with our already harmful criminal justice system. I argue that the …