Law Commons^™

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."

[Symposium Remarks By Unh Professor Of History David Bachrach, April 12, 2016 ], David Bachrach

Speaker Remarks

Magna Carta did not emerge de novo in its fully fledged state in the late spring of 1215. The list of baronial demands, made on behalf of the kingdom as a whole, were born out of grievances that, in some cases, dated back more than a century. University of New Hampshire Professor of History David Bachrach discusses several key clauses of the Magna Carta as well as why this document was a touchstone for major political change.

Exhibit On Historical Accord Makes Debut At Law School, David Brooks

Media Coverage

Newspaper article from Concord Monitor newspaper dated April 12, 2016. The article includes a description of the Magna Carta: An Enduring Legacy, 1215-2015 exhibit and symposium, as well as remarks by the University of New Hampshire School of Law Library Director Sue Zago. In addition to details about the exhibit, the article features historic information on the Magna Carta as well as some interesting examples of its present day influence.

“Magna Carta: Enduring Legacy 1215-2015” Traveling Exhibit To Display At Unh School Of Law From April 11 Through April 22, 2016, Matthew Jenks

Publicity Materials

University of New Hampshire School of Law Library blog post written by Cataloging Librarian Matthew Jenks. This short article describes the content of the exhibit, lists viewing hours, and provides information on the symposium event held April 12, 2016. The exhibit sponsors and organizers of the symposium are listed at the end of the article.

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

Symposium Publicity Materials

Small poster advertising An Enduring Legacy: A Symposium on the Magna Carta held on April 12, 2016 at the University of new Hampshire School of Law Library. This event was organized by several student groups: The American Constitution Society, the Federalist Society, and the Student Bar Association.

“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.

[American Bar Association Brochure Prepared For The Exhibit], American Bar Association

Publicity Materials

Brochure from the exhibit Magna Carta: An Enduring Legacy, 1215-2015 produced by the American Bar Association and curated by the Law Library of Congress. In addition to providing additional information about the Magna Carta, this colorful tri-fold brochure also tells why the exhibit was developed and describes the work done by some of the organizing bodies.

One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell

Communication

In Daniel Webster's view, the survival of the Union required not only an orator who could defend the Constitution as he did against Robert Hayne, but one who could embody the spirit of the constitution in deliberative performance. Webster uses his performance in debate not only to assail his opponent, defend New England, and expound on the Constitution, but further to demonstrate with his own oratory the abiding value of decorum, prudence, and eloquence in the national life. Webster becomes the ideal of deliberative performance as he contrasts his own conduct in debate with that of his Southern opponent. Webster’s …

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …

Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele

Honors Theses and Capstones

During the time period between Reconstruction and the Deluxe Jim Crow era, African Americans were legally oppressed, which hindered their ability to live fully and equally in society with whites. This was especially true in terms of healthcare. Segregation laws were implemented to separate blacks from the rest of society in everyday life; the worst of these laws affected the ability of African Americans to gain access to medical care that was equal to whites. This inequality prevented blacks from being accepted into society and from living quality lives that stem from adequate healthcare. Although the federal and state governments …

A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal

The University of New Hampshire Law Review

[Excerpt]”Many scholars have observed that the Constitution of the United States can be understood as an example of what Cass Sunstein calls an “incompletely theorized agreement.” The Constitution contains a number of extremely general terms, such as “liberty,” “necessary and proper,” and “due process.” The Framers of the Constitution, it is suggested, did not attempt to specify precisely how each of these principles would operate in every case. On this view, the Constitution is incompletely theorized in the sense of representing “a comfortable and even emphatic agreement on a general principle, accompanied by sharp disagreement about particular cases.” For example, …

State Constitutional Limits On New Hampshire‘S Taxing Power: Historical Development And Modern State, Marcus Hurn

Law Faculty Scholarship

The New Hampshire Constitution is, in most of its fundamental parts, very old. It is long (nearly 200 articles) and wordy, even by the standards of the eighteenth century. It expresses essential principles in more than one place, in more than one way, and in language that to modem eyes is more suited to political philosophy than to positive law. Most of it was copied from the original Massachusetts Constitution, itself based on a draft by John Adams. However, there is no other state in the union with a structure of taxing powers and limits comparable to New Hampshire's.

The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson

The University of New Hampshire Law Review

[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …

River Rats, Megan M. Carpenter

Law Faculty Scholarship

[Excerpt] "At their essence, river rats are aquatic rodents. They live in, on, and near the water and depend upon it for their livelihood. My family is, and have always been, river rats.

My mother's family grew up on the west bank of the Tygart River in north central West Virginia. My great grandparents used this land as a summer camp: a place to ride horses named Honey and Chief; a place to host parties; a place to plant flower bulbs from Holland. My grandfather spent most of his childhood working the land for his parents. While his older brother …

Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis

The University of New Hampshire Law Review

[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …

Human Rights And "Globalization", John J. Cerullo

The University Dialogue

No abstract provided.

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

Law Faculty Scholarship

This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

RISK: Health, Safety & Environment (1990-2002)

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.

Preserving A Place For The Past In Our Future: A Survey Of Historic Preservation In West Virginia, Megan M. Carpenter

Law Faculty Scholarship

No abstract provided.

Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison

Law Faculty Scholarship

[Excerpt] “Despite the generous inclusion by President Reagan of the many soldiers, sailors, airmen, and marines in the concept of "the people" of this republic, it is not altogether dear whether one whose status has changed from ordinary "citizen" to "a member of the armed forces" can legitimately claim any of the constitutional protections of citizenship until he or she is no longer a member of the armed forces. In the course of this nation's history the Supreme Court has denied some or all of the protection of the Constitution to many groups of people, including African-Americans, 2 women,3 Native …