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Articles 1 - 30 of 50
Full-Text Articles in Law
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Where Is Home Depot "At Home"?: Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya Monestier
Where Is Home Depot "At Home"?: Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies
President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Al Bahlul Argument: Article Iii, Conspiracy, And Precepts Of International Law, Peter Margulies
The Al Bahlul Argument: Article Iii, Conspiracy, And Precepts Of International Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies
Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Designing Law School Externships That Comply With The Flsa, Niki Kuckes
Designing Law School Externships That Comply With The Flsa, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Article Iii, The Framers, And Al Bahlul: A Reply To Steve, Peter Margulies
Article Iii, The Framers, And Al Bahlul: A Reply To Steve, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran
Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran
Law Faculty Scholarship
The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS …
Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies
Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Bahlul And The Power Of Congress To Define International Law, Peter Margulies
Bahlul And The Power Of Congress To Define International Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Pclob On Human Rights & 702: Punt Or Long Game?, Peter Margulies
The Pclob On Human Rights & 702: Punt Or Long Game?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore
No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore
Law Faculty Scholarship
This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as matters of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.
Professor Thomas G. Field, Jr.: Pioneer In Intellectual Property Education, Teacher, Mentor, And Scholar, Jon R. Cavicchi
Professor Thomas G. Field, Jr.: Pioneer In Intellectual Property Education, Teacher, Mentor, And Scholar, Jon R. Cavicchi
Law Faculty Scholarship
It is almost an impossible endeavor to summarize the forty plus year career of Thomas G. Field, Jr. Regarding this inquiry, Field might say, "If you want to know what I have done, look at my C. V. on the web!" His ten page, single-spaced "Abbreviated Curriculum Vitae" only sets the factual stage for the incredible career that spanned the entire life of the University of New Hampshire School of Law ("UNH School of Law" or "UNH Law"). The real story is only told by Field himself, his contemporaries, colleagues, and the thousands of students whose life he touched. This …
Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies
Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus
Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
In Re Qimonda Ag: The Conflict Between Comity And The Public Policy Exception In Chapter 15 Of The Bankruptcy Code, John J. Chung
In Re Qimonda Ag: The Conflict Between Comity And The Public Policy Exception In Chapter 15 Of The Bankruptcy Code, John J. Chung
Law Faculty Scholarship
No abstract provided.
The Us And Human Rights: A Federalist Society Debate, Peter Margulies
The Us And Human Rights: A Federalist Society Debate, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies
A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies
Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
Law Faculty Scholarship
During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …
Transcending Equality Versus Adequacy, Joshua Weishart
Transcending Equality Versus Adequacy, Joshua Weishart
Law Faculty Scholarship
A debate about whether all children are entitled to an "equal" or an "adequate" education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on.
Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood to require a level of spending sufficient to satisfy some absolute, rather than relative, educational threshold In practice, however, many courts interpreting their states' constitutional …
Of Relevance And Reform Under Section 215, Peter Margulies
Of Relevance And Reform Under Section 215, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Fisc Query Preapproval: Intelligence Burden Or Bump In The Road?, Peter Margulies
Fisc Query Preapproval: Intelligence Burden Or Bump In The Road?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe
Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe
Law Faculty Scholarship
SUMMARY OF ARGUMENT
The Governor confines her argument in this amicus brief to whether the superior court correctly concluded that the education tax credit program enacted under RSA § 77-G violates Article 83 insofar as it permits organizations authorized to receive donations subsidized by the credit to use those donations to fund student scholarships to religious, non-public schools. In the Governor’s view, the superior court’s finding of unconstitutionality was correct.
In its text, structure, and history (including its interpretive history), the New Hampshire Constitution significantly differs from the First Amendment’s Establishment Clause with respect to the question whether revenue generated …
Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky
Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky
Law Faculty Scholarship
No abstract provided.
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann
Law Faculty Scholarship
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.
This Article argues that White would likely fail in a lawsuit against an NBA …