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Full-Text Articles in Law

State Constitutional Limits On New Hampshire's Taxing Power: Historical Development And Modern State, Marcus Hurn Jun 2009

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

The University of New Hampshire Law Review

[Excerpt] "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 modern 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."


First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick Jun 2009

First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick

The University of New Hampshire Law Review

[Excerpt] “A car dealer in Concord, New Hampshire recently challenged the city zoning board‘s denial of its application to replace its existing readerboard (with manually changeable letters) with an electronic sign. The dealer argued that the city‘s zoning ordinance, prohibiting “[s]igns which move or create an illusion of movement except those parts which solely indicate date, time, or temperature,” constituted an unconstitutional restriction on free speech under the First Amendment. The trial court agreed, but the New Hampshire Supreme Court reversed, applying the Central Hudson test and finding that the ordinance reached no “broader than necessary to meet and advance …


Innovation Or A Race To The Bottom? Trust "Modernization" In New Hampshire, Christopher Paul Jun 2009

Innovation Or A Race To The Bottom? Trust "Modernization" In New Hampshire, Christopher Paul

The University of New Hampshire Law Review

[Excerpt] “Late last summer, Governor Lynch signed into law Senate Bill 465, designed to further update New Hampshire‘s trust law. This bill follows similar legislation in Alaska, Delaware, Nevada, and several other states. It adds major new provisions to the existing statutory framework for irrevocable trusts. The bill allows for the creation of so-called self-settled asset protection trusts or domestic asset protection trusts (DAPTs). DAPTs represent the latest chapter in our State‘s move away from traditional trust and estate principles towards a system of dynastic and (theoretically) creditor-proof trusts.

This legislation results from New Hampshire‘s desire to retain and attract …