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History And Constitutional Interpretation: What’S Really “There”?, Thomas C. Galligan Jr. May 2025

History And Constitutional Interpretation: What’S Really “There”?, Thomas C. Galligan Jr.

The University of New Hampshire Law Review

In recent years, under the moniker originalism, the United States Supreme Court has relied heavily upon history to delineate the scope and contour of various constitutional rights.[1] The Court’s justification for that approach is that defining the meaning of the Constitution according to its original or historical meaning limits a judge from engaging in unbridled discretion when deciding a case. The Court’s focus on history continued in its 2023 term. Justice Breyer has called the history-heavy analytical approach a “rigid history-only approach.”

For a number of reasons, the history-only approach is flawed and does not, in fact, limit judicial …


Masthead, Unh Law Review Editorial Board May 2025

Masthead, Unh Law Review Editorial Board

The University of New Hampshire Law Review

No abstract provided.


Eastern Oyster Behavioral And Morphological Response To External Stimuli, Michaela Edwards May 2025

Eastern Oyster Behavioral And Morphological Response To External Stimuli, Michaela Edwards

Master's Theses and Capstones

Oysters are known to provide ecosystem services such as improving water quality, and providing habitats to other organisms, in addition to their role as economically important organisms. Many of these services are tied to the gaping behavior oysters exhibit, opening their shells to filter water and grow. Oysters are known to be impacted by many biological and abiotic factors, including predators, biofouling, and handing stressors. Past work has investigated oyster mortality and growth relating to predation and implementation of different cage and bag cleaning frequencies on farms. However, there is limited research regarding how oyster gaping behavior changes in relation …


Robust Edge Machine-Learning For The Real-Time Processing And Prediction Of Geomagnetic Anomalies And Geomagnetically Induced Currents (Gics), Talha Siddique May 2025

Robust Edge Machine-Learning For The Real-Time Processing And Prediction Of Geomagnetic Anomalies And Geomagnetically Induced Currents (Gics), Talha Siddique

Doctoral Dissertations

Geomagnetically Induced Currents (GICs) are currents induced in the Earth's surface conductors and are caused by geomagnetic disturbances or storms (GMDs). Such disturbances in the Earth's magnetic field are the result of interactions between the Earth's magnetosphere (the region of space dominated by the Earth's magnetic field) and the solar wind (a continuous stream of charged particles from the Sun) \cite{camporeale_machine_2018} \cite{geosciences12010027}. These induced currents considerably threaten vital technological systems, notably the electrical power grids. This research addresses the critical challenges of robust, real-time forecasting and monitoring of GICs using machine learning (ML). The project initiative responds to the inherent …


Socioeconomic Status And Its Relationship To Mathematics Achievement: Using A Meta-Analysis, Bitna Choi May 2025

Socioeconomic Status And Its Relationship To Mathematics Achievement: Using A Meta-Analysis, Bitna Choi

Doctoral Dissertations

Educational inequality mirrors broader societal disparities. There are various factors that represent educational inequality, such as socioeconomic status (SES), school environment, teacher quality, gender, and support services. Among these, SES is commonly used as a key indicator of educational inequality. Consistently, studies have shown that students from higher socioeconomic backgrounds have higher academic achievement (Johnson et al., 2022; Murphy, 2019; Tate, 1997). This disparity is particularly evident in mathematics, which is crucial for academic and career opportunities. The purpose of this dissertation is to examine the relationship between socioeconomic status (SES) and mathematics achievement of K-12 students. In addition, this …


Personal Device Use In Mathematics: An Investigation Into Access, Utilization, And Outcomes, Catherine Dennis May 2025

Personal Device Use In Mathematics: An Investigation Into Access, Utilization, And Outcomes, Catherine Dennis

Doctoral Dissertations

Personal devices, such as laptops, tablets, and smartphones, have become increasingly ubiquitous in undergraduate mathematics classrooms around the world. Moreover, the increased use of technology in educational contexts has provoked questions about equity in terms of student access, utilization, and the potential impact on outcomes (Hennessy & Dunham, 2008). This dissertation adds to the body of literature that addresses the overlap of personal device use and equity in undergraduate mathematics through three different methodological approaches: systematic review, quantitative inquiry, and qualitative exploration. The systematic review synthesizes 355 studies on personal device access, utilization, and outcomes in undergraduate mathematics. One key …


A Daughter’S Inheritance: The Construction Of Motherhood Through Death, Michaela George May 2025

A Daughter’S Inheritance: The Construction Of Motherhood Through Death, Michaela George

Doctoral Dissertations

Mother-daughter relationships have been of feminist interest for decades as this relationship shifts narrative focus to underrepresented characters. In literature their relationship illustrates and complicates what it means to be ‘woman’ and provides access to educational theories, political understanding, and familial ideologies. Further, examining how these relationships shift and alter through eras of narratives offers tangible patterns for study. My dissertation examines the mother-daughter relationships in late eighteenth-century, early nineteenth-century prose by investigating how social constructions of gender are complicated, critiqued, shaped, and altered as they are passed from parent to child in deathbed scenes. I engage with medical humanities …


Charting Reciprocity: The Mapping Of Knowledge Production In Collaborative Community Networks, Nicole Cunningham-Frisbey May 2025

Charting Reciprocity: The Mapping Of Knowledge Production In Collaborative Community Networks, Nicole Cunningham-Frisbey

Doctoral Dissertations

Abstract

This dissertation reconceptualizes community-based literacy and writing practices as dynamic processes of reciprocal textual production grounded in feminist and Indigenous methodologies. It challenges traditional hierarchical structures by foregrounding community-generated epistemologies, emphasizing relational accountability, iterative reflexivity, and sustained ethical engagement. Using qualitative methods—including practitioner-created knowledge and social network maps and an analytical mapping method—the study explores how community practitioners strategically leverage their cultural identities and epistemological frameworks within collaborative writing and advocacy.Empirical case studies illustrate reciprocal knowledge production in action, showcasing intentional approaches such as oral storytelling, collaborative writing, and policy advocacy. Findings demonstrate how textual artifacts from reciprocal frameworks …


Double Segregated Districts And The Persistence Of The Education Debt: A Study In Three Research Essays – Desegregation, The Education Debt, And Brown To Brownsville: A Case Study., Shantel Palacio May 2025

Double Segregated Districts And The Persistence Of The Education Debt: A Study In Three Research Essays – Desegregation, The Education Debt, And Brown To Brownsville: A Case Study., Shantel Palacio

Doctoral Dissertations

This dissertation investigates the persistence of double segregation—the racial and socioeconomic isolation of students—in New York City public schools. Using a three-article, mixed-methods design grounded in Gloria Ladson-Billings’ education debt framework, it explores how legal precedent, school-level demographics, and community perspectives interact to sustain unequal educational opportunity.The first article provides a legal-historical analysis tracing desegregation efforts from Plessy v. Ferguson (1896) to IntegrateNYC v. State of New York (2024). Using the IRAC method, it examines how federal courts shifted from enforcing desegregation to limiting race-conscious remedies, leading advocates to pursue equity through state-based legal strategies. The article highlights the increasing …


Adapting To Climate Change: Outdoor Recreation Impacts In New Hampshire, Visitor Coping Behaviors, & Provider Management Strategies, Madeleine Smith May 2025

Adapting To Climate Change: Outdoor Recreation Impacts In New Hampshire, Visitor Coping Behaviors, & Provider Management Strategies, Madeleine Smith

Doctoral Dissertations

As of 2023, outdoor recreation participation in the United States (U.S.) reached a 15-year high, generating $1.2 trillion in economic output and supporting 5 million jobs. Concurrently, the contiguous U.S. experienced earth surface temperatures averaging above the 20th-century norm for the 27th consecutive year. Climate change presents increasing challenges for outdoor recreation, particularly in the Northeast and North Central U.S., where seasonal shifts, extreme weather events, and resource degradation are projected to acutely impact recreation patterns and management needs. New Hampshire (NH), where nearly 30% of the state is safeguarded for public use, relies heavily on outdoor recreation. As of …


Analysis And Procedures For Conducting Laboratory And Field Dielectric Measurements For Asphalt Pavement Density Evaluation, Anh Tran May 2025

Analysis And Procedures For Conducting Laboratory And Field Dielectric Measurements For Asphalt Pavement Density Evaluation, Anh Tran

Doctoral Dissertations

Achieving proper asphalt concrete pavement density, through combination of rigorous field and laboratory practices, is one of the top priorities of state agencies and contractors due to its significant impact on pavement performance and longevity. The field and laboratory traditional methods have limitations and pose challenges in terms of equipment and measurements which can influence the accuracy and efficiency of pavement density evaluation. In the field, various methods such as field coring, nuclear and non-nuclear density gauges are costly, time-consuming and only provide limited coverage of density assessment. In the lab, methods for evaluating the bulk specific gravity (Gmb) of …


Probing Neutron Star Interiors: Insights Into Asymmetric Dark Matter, Dark Energy, And The Cold Dense Matter Equation Of State, Nathan Rutherford May 2025

Probing Neutron Star Interiors: Insights Into Asymmetric Dark Matter, Dark Energy, And The Cold Dense Matter Equation Of State, Nathan Rutherford

Doctoral Dissertations

The combination of derived neutron star mass-radius measurements from NASA's Neutron Star Interior Composition ExploreR (NICER) mission, constraints from chiral effective field theory (chiEFT), and mass-tidal deformability constraints from gravitational waves has led to significant improvements in the understanding of the cold dense matter equation of state (EoS) of neutron stars. Interestingly, asymmetric dark matter (ADM) and dark energy may also be present within neutron star interiors, potentially impacting their global properties. Taking these effects into account, neutron star measurements can not only offer new insights into the dense matter EoS, but also serve as a hunting ground for dark …


Responding To Range Expansion: Assessing Insect Communities, Tree Decline Symptoms, And Tree Mortality Risk As The Southern Pine Beetle Moves North, Caroline Rachel Kanaskie May 2025

Responding To Range Expansion: Assessing Insect Communities, Tree Decline Symptoms, And Tree Mortality Risk As The Southern Pine Beetle Moves North, Caroline Rachel Kanaskie

Doctoral Dissertations

Climate change is shifting species distributions. In New England, warmer winters allow southern species to survive further north. The northward range expansion of the tree-killing southern pine beetle is the focus of this dissertation. Outbreaks of this beetle cause both ecological and economic damage, which threaten the globally rare pine barrens ecosystem. I used an interdisciplinary approach to study this insect: 1) I synthesized literature on the beetle’s natural enemies; 2) I used a suite of chemical attractants to investigate the insect community attracted to the beetle’s pheromones and assessed the diversity and abundance of its potential predators; 3) I …


Molecular Simulation Studies Of Peptide Transport Across The Mitochondrial Membrane, Son Nguyen May 2025

Molecular Simulation Studies Of Peptide Transport Across The Mitochondrial Membrane, Son Nguyen

Doctoral Dissertations

Molecular transport across membranes is an important biophysical process. Designing molecules capable of crossing cell membranes and targeting specific organelle is becoming necessary in treating many diseases and disorders. In recent decades, cell-penetrating peptides have been studied and utilized to deliver a variety of cargoes. My dissertation work focuses on studying the molecular details of the peptide translocation process across a cell membrane. Specifically, I investigated the dynamics of mitochondrial-targeting peptides and their mechanisms of translocation across the mitomembrane. I conducted molecular dynamics (MD) simulations of model mitochondrial-targeting peptides with distinct physical and chemical properties such as sequence lengths, functional …


Effects Of Winter Severity On Regional Variability In The Timing Of Tree Green-Up Across Eastern North America, Dylan Joseph Smith May 2025

Effects Of Winter Severity On Regional Variability In The Timing Of Tree Green-Up Across Eastern North America, Dylan Joseph Smith

Master's Theses and Capstones

Climate change is altering the depth and duration of winter across eastern North America, with implications for ecological processes dependent on the coldness and seasonality provided by it. Tree green-up is a critical ecosystem transition point being affected by changing climatic conditions. This study investigates how winter season severity- the cumulative depth and duration of the winter season- affects the timing of spring green-up across a dynamically changing region. Using site-level linear trend analysis, meta-analysis, and mixed-effects linear regression, I assessed spatio-temporal changes in winter severity and green-up timing, employing a precipitation-based winter season severity index and PhenoCam remote sensing …


Examining Visitor Perceptions Of Wilderness Character Qualities In Parks And Protected Areas: Insights From The White Mountain National Forest, Mark B. Gorman May 2025

Examining Visitor Perceptions Of Wilderness Character Qualities In Parks And Protected Areas: Insights From The White Mountain National Forest, Mark B. Gorman

Master's Theses and Capstones

The increasing use of parks and protected areas by visitors in recent years has necessitated improved management strategies, especially in ecologically sensitive zones such as Congressionally Designated Wilderness Areas. According to the Wilderness Act of 1964, Wilderness Areas must be managed to preserve their natural conditions and unspoiled beauty. The rising popularity and resultant crowding of Wilderness Areas pose significant concerns for natural resource managers. These concerns are due to a fundamental aspect of the wilderness experience being opportunity for solitude, as well as needing to maintain the highest standards of ecological integrity. This study explores visitor perceptions of wilderness …


Bridge To Real World Communication: Evaluating The Ecological Validity Of Narrative Performance Measures In People With Aphasia, Abigail L. Rowe May 2025

Bridge To Real World Communication: Evaluating The Ecological Validity Of Narrative Performance Measures In People With Aphasia, Abigail L. Rowe

Master's Theses and Capstones

Purpose: Standardized aphasia assessments focus on diagnosing and measuring language impairments, but do not capture how well individuals with aphasia (PWA) communicate in everyday contexts. Thus, there is a mismatch between the clinical measures used to quantify aphasia severity and real-world communication. This study aims to bridge that gap by employing naïve listeners’ in an effort toward social validity of a measure of lexical typicality (CoreLexicon) by establishing its relationship with aphasia severity and communicative successMethods: Audio samples of picture descriptions from twenty-four people with aphasia were gathered from existing data at two timepoints (mean between testing = 15.4 months) …


King Stephen's War: Military Strategy In A Time Of Anarchy, Keith Sloan May 2025

King Stephen's War: Military Strategy In A Time Of Anarchy, Keith Sloan

Master's Theses and Capstones

This paper examines military strategy during the mid twelfth century civil war in England, the so-called “Anarchy.” It demonstrates that King Stephen and his Angevin opponents both employed what would be recognized today as strategy in their conduct of the war. It posits that the two largest factors influencing their respective strategies was the permeability of the English countryside, allowing the easy movement of military forces, and the expensive and time-consuming necessity of besieging castles to gain control of territory, the latter a reality of contemporary technology. Using concepts from the field of strategic studies, it demonstrates that, rather than …


High Frequency Analysis Of The Carbon Dioxide Linkage Between Terrestrial And Aquatic Ecosystems, Amanda G. Theall May 2025

High Frequency Analysis Of The Carbon Dioxide Linkage Between Terrestrial And Aquatic Ecosystems, Amanda G. Theall

Master's Theses and Capstones

Carbon dioxide (CO2) is a potent greenhouse gas, and surface water concentrations are often supersaturated relative to the atmosphere. To fully quantify CO2 dynamics in stream ecosystems, it is critical to understand sources of stream CO2, particularly the link between terrestrial and aquatic ecosystems. It is unclear how soil CO2 enters streams and to what magnitude. To address this knowledge gap, I analyzed high-frequency CO2 time-series of soil and stream water sensor data to understand source-sink dynamics and time lags between the two pools. I used seven years of hourly sensor data from three soil depths with upscaled 15-minute stream …


Effects Of Silvicultural Burns On Quercus Rubra Regeneration Near Its Northern Range Limit, Khanh Ton May 2025

Effects Of Silvicultural Burns On Quercus Rubra Regeneration Near Its Northern Range Limit, Khanh Ton

Master's Theses and Capstones

Northern red oak (Quercus rubra) is predicted to expand its range northward in the northeastern United States with climate change and could greatly improve resilience of managed forests by expanding the functional diversity. However, red oak regeneration across its range currently faces many challenges including predation, pathogens, and consequences of forest mesophication such as insufficient light and competition with more mesic species. The latter challenges are potentially caused by the near absence of fire in most northeastern forested landscapes since the early 1900s. Therefore, prescribed burns may help address these challenges and hence promote oak recruitment and establishment. We studied …


Flexibly Changing Resource Allocation In Individuals With Mild Traumatic Brain Injury (Mtbi), Alyssa Walker May 2025

Flexibly Changing Resource Allocation In Individuals With Mild Traumatic Brain Injury (Mtbi), Alyssa Walker

Master's Theses and Capstones

Introduction: The current study examined how individuals with mild traumatic brain injuries (mTBIs) can shift their attentional efforts in real-time. These abilities were examined within a dual-task, during which individuals had to perform two tasks simultaneously. The first research question compared the performance of healthy controls and concussion participants on individual subtasks of the dual-task. The second research question explored how effective healthy controls versus concussion participants were in shifting their attentional resources. The final research question examined the effect of fatigue, specifically whether concussion participants would demonstrate a greater fatigue effect and have more difficulty at the end of …


Per- And Polyfluoroalkyl Substances In A Suburbanizing Watershed, Bailey Mullins May 2025

Per- And Polyfluoroalkyl Substances In A Suburbanizing Watershed, Bailey Mullins

Master's Theses and Capstones

Per- and polyfluoroalkyl substances (PFAS) are persistent man-made chemicals that accumulate in aquatic environments due to their widespread industrial and commercial use and resistance to degradation. Understanding their spatial distribution and relative abundance in streams draining suburbanizing watersheds is crucial for effective watershed and water quality management. This study investigates how the concentrations and composition of PFAS in surface water and sediment are impacted by urbanization. PFAS were quantified in the Lamprey River watershed, a coastal watershed in southeastern New Hampshire that is experiencing ongoing suburbanization. Sampling sites include tributaries, mainstem, and estuarine areas. Surface water, sediment, and well water …


Inquiry Spring 2025, University Of New Hampshire, Durham Apr 2025

Inquiry Spring 2025, University Of New Hampshire, Durham

UNH Today Archive

No abstract provided.


Grad Student Part Of Winning Team In National Geospatial-Intelligence Agency Competition, Keith Testa Apr 2025

Grad Student Part Of Winning Team In National Geospatial-Intelligence Agency Competition, Keith Testa

UNH Today Archive

No abstract provided.


Barriers To Using Bicycle Workstations In A Campus Library, Catherine Wong, Cynthia Ferrara, Robyn Lebowitz, Hayleigh Duggan Apr 2025

Barriers To Using Bicycle Workstations In A Campus Library, Catherine Wong, Cynthia Ferrara, Robyn Lebowitz, Hayleigh Duggan

Faculty Publications

Background

The purpose of this study is to assess campus awareness and attitudes toward bicycle workstations in the library at a small, private college in the New England region of the United States.

Methods

Two recumbent and two Expresso bicycle workstations were placed in public areas of the college library. A short online survey with multiple choice and open-ended questions was designed specifically for the study. Members of the campus community were invited to complete the survey, as approved by the Institutional Review Board. Themes were identified for open-ended questions. Answers were sorted using designated themes.

Results

Ninety-five people completed …


Fsne Hosts 2025 Racial Equity Habit-Building Challenge, Rebecca Colby Apr 2025

Fsne Hosts 2025 Racial Equity Habit-Building Challenge, Rebecca Colby

Digital Edition

No abstract provided.


University Of New Hampshire 2024-2025 Faculty Senate Xxix - April 21, 2025 Minutes Summary, Faculty Senate Apr 2025

University Of New Hampshire 2024-2025 Faculty Senate Xxix - April 21, 2025 Minutes Summary, Faculty Senate

Faculty Senate Agendas & Minutes

No abstract provided.


Anchoring ‘Neo-Hahnian Outdoor Education’ In The Cold War Era: A History Of Character Building In The Outward Bound Movement, Jayson Seaman Apr 2025

Anchoring ‘Neo-Hahnian Outdoor Education’ In The Cold War Era: A History Of Character Building In The Outward Bound Movement, Jayson Seaman

Faculty Publications

The invitation to comment on a foundational early article from the JAEOL provided a welcome opportunity to engage with Andrew Brookes’s trilogy of ‘neo-Hahnian outdoor education’ critiques (Brookes, 2003a, 2003b, 2023). In this article, I approach outdoor education’s character building ideology by using archival and secondary sources to situate its evolution in four periods corresponding with major geopolitical and cultural movements: (1) 1941–1945 when Outward Bound (OB) was established; (2) 1946–1952 when Hahn exported OB from his perch at Gordonstoun; (3) 1953–1967 when OB expanded to the U.S. and replicated globally, and (4) 1968–1976 when human potentialism replaced muscular Christianity …


A Psychometric Investigation Of The Biophilic Values Profile Indicator: A New Measure Of Environmental Values, W. Brad Faircloth, Jayson Seaman, Andrew J. Bobilya, Lauren A. Ferguson, Riley Whitney Apr 2025

A Psychometric Investigation Of The Biophilic Values Profile Indicator: A New Measure Of Environmental Values, W. Brad Faircloth, Jayson Seaman, Andrew J. Bobilya, Lauren A. Ferguson, Riley Whitney

Faculty Publications

Researchers studying outdoor experiences for educational or recreational purposes will benefit from better capturing the environmental values of the individuals and communities they serve, as both antecedent predictors and outcome measures. The Kellert-Shorb Biophilic Values Indicator (KSBVI) is an instrument that has shown promise as a tool for assessing environmental values. However, the length of the KSBVI makes it impractical to use, especially in field settings where brief measures are desirable. Therefore, this study’s purpose was to explore environmental values in a college student population relative to Kellert’s (2002) typology and to reduce the KSBVI to a more …


Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt Apr 2025

Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt

Law Faculty Scholarship

Everyone can invest in the heavily regulated registered (or public) securities market, but the more lightly regulated unregistered securities markets are more restricted. The most important unregistered securities market for capital-raising purposes is Rule 506 of Regulation D, which has grown to become the United States’ largest capital-raising market. Far more capital is raised each year in Rule 506 offerings than registered offerings, and the Rule 506 market is where many of the country’s highest-growth (and highest-return) entrepreneurial companies sell their securities. But most Americans are excluded from investing in the Rule 506 market because it is fundamentally restricted to …