Law Commons^™

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …

Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 2, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Mapping Alimony: From Status To Contract And Beyond, Gaytri Kachroo

The University of New Hampshire Law Review

[Excerpt] “With the introduction of no-fault divorce, one spouse could unilaterally petition for divorce, in most states, by demonstrating a period of separation or the impossibility of reconciliation. The possibility that a marriage can be dissolved without a showing of fault has obliterated the need to seek consent from the other spouse contesting it. This can preclude the need for a mutually designed financial arrangement. Courts now play a greater role in such financial arrangements and are more likely to conform such financial arrangements to statutory standards. From state to state, despite the prevalence of such conforming by courts, resulting …

The Core Plan Or How I Learned To Stop Worrying And Love The Central City: Shifting Control Of Regional Mass Transit To The Central City, Jeffrey Baltruzak

The University of New Hampshire Law Review

[Excerpt] “Mass transit in the United States is moribund: it plays a meaningful transportation role in only a handful of American regions. It is clear that the status quo—where state-created special-purpose districts (SPDs) provide limited regional mass transit options and new mass transit construction progresses at a glacial pace—is a colossal failure. This failure necessitates a new model of mass transit ownership and management. It is time for the region’s central city to own and operate the region’s mass transit system extraterritorially, free from significant control by the outer cities (the suburbs) and the state. This article calls this arrangement …

Human Zoning: The Constitutionality Of Sex-Offender Residency Restrictions As Applied To Post-Conviction Offenders, Ryan Hawkins

The University of New Hampshire Law Review

[H]igh recidivism rates shows that the threat of jail time alone is not sufficient to curb sex crimes. With this in mind, legislators sought to find other ways that would protect potential victims. Community notification laws were the first policy to be implemented. Community notification methods included press releases, flyers, phone calls, door-to-door contact, neighborhood meetings, and Internet sites, which informed citizens of the name, location, and/or other information of persons who had been convicted of sex crimes.

Part II of this note will describe current sex-offender restrictions in place across the country. Part III will provide a constitutional analysis …

Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi

Law Faculty Scholarship

There are synchronistic moments when in the process of writing. While contemplating this article, an email message made its way to my desk, past Pierce Law Center's spam firewall with the following subject line: "Pepsi v. Coke-Tell Us--Get $10." Do IP researchers choose Lexis or Westlaw justified by taste? Surely you jest, some voice said to me. Repressing this message, I proceeded to compare platform content, perform literature searches, and poll students and IP professors.

Yet another synchronistic moment came as the email from those taking the poll steamed into my email. Many IP professors indicated that they made the …

Practicing Civility In The Legal Writing Course: Helping Law Students Learn Professionalism, Sophie M. Sparrow

Law Faculty Scholarship

This Article suggests some concrete ways to teach civility— one component of professionalism—to law students. Professionalism certainly includes much more than civility, incorporating the concepts of ethics, morals, public service, life-long learning, personal integrity, professional identity, and a commitment to selfdevelopment. This Article begins with a brief overview of civility in Part I. Part II provides a few of the many arguments for why we should teach law students to be civil. Part III explores some concrete ways in which we can teach civility within individual classes, using the dynamics of student engagement in the classroom as an opportunity to …

Intellectual Property Management In Health And Agricultural Innovation: Executive Guide, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 1, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Ip And The Global Public Interest: Challenges And Opportunities, Jon R. Cavicchi, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt from article] Intellectual property (IP) capacity is essential for economic development, particularly as countries transition into the higher technology sectors, for example biotechnology. For developing countries, a commitment to minimal IP rights protection will determine inclusion in the World Trade Organization (WTO), facilitate access to foreign-direct investment, and accelerate economic development. However, on a more fundamental level, capacity in IP management will affect whether a country can provide basic health and nutritional needs for its citizens. For example, sustainable food security presents a serious challenge in many developing countries; as their economies rapidly emerge, urban centers expand, arable land …