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2018

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Articles 1 - 30 of 60

Full-Text Articles in Law

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies Dec 2018

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies Dec 2018

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies Dec 2018

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies Nov 2018

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Barring Asylum Claims: The President Versus The Statute, Peter Margulies Nov 2018

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies Oct 2018

At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn Sep 2018

The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn

Law Faculty Scholarship

No abstract provided.


The King Is Dead, Patrick Mcginley Sep 2018

The King Is Dead, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr. Aug 2018

Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.

Law Faculty Scholarship

"Today's climate features hostility toward freedom of the press and negative attitudes toward journalists ... [T]here was a time when journalists were admired for their fearless pursuit of the truth and their exposure of corruption." This article provides an overview of the life and work of Ida B. Wells, particularly her work as a journalist and activist.


Stewart V. Azar – What Does It Mean For New Hampshire's Medicaid Work And Community Engagement Requirement?, Lucy C. Hodder Jul 2018

Stewart V. Azar – What Does It Mean For New Hampshire's Medicaid Work And Community Engagement Requirement?, Lucy C. Hodder

Law Faculty Scholarship

Lucy C. Hodder, Director of Health Law and Policy at UNH's Institute for Health Policy and Practice has written an article summarizing the recent federal court decision vacating Kentucky’s Medicaid waiver including its work and community engagement requirements and discussing what it might mean for New Hampshire.


Supreme Court Struggles To Define 'Searches' As Technology Changes, Behzad Mirhashem Jul 2018

Supreme Court Struggles To Define 'Searches' As Technology Changes, Behzad Mirhashem

Law Faculty Scholarship

[Excerpt] "What the Fourth Amendment to the U.S. Constitution means when it protects citizens agains an unreasonable search by government agents isn't entirely clear. It certainly includes police physically entering a person's home, but for almost 100 years, the Supreme Court has tried to define what else might qualify, including keeping the law up-to-date with new technologies - as a recent case illustrates."


Abortion Rights And The Kavanaugh Nomination, John M. Greabe Jul 2018

Abortion Rights And The Kavanaugh Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Last week, President Trump nominated federal appeals court judge Brett Kavanaugh to fill the Supreme Court seat opened by the retirement of Justice Anthony Kennedy. Immediately, coverage of the nomination focused on abortion and whether Judge Kavanaugh's confirmation would spell the end of the constitutional right recognized in Roe v. Wade. Let's explore why."


Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies Jul 2018

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso Jul 2018

Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Forum Selection Clauses And Consumer Contracts In Canada, Tanya Monestier Jul 2018

Forum Selection Clauses And Consumer Contracts In Canada, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


Three New Metrics For Patent Examiner Activity: Office Actions Per Grant Ratio (Ogr), Office Actions Per Disposal Ratio (Odr), And Grant To Examiner Ratio (Ger), Shine Tu Jul 2018

Three New Metrics For Patent Examiner Activity: Office Actions Per Grant Ratio (Ogr), Office Actions Per Disposal Ratio (Odr), And Grant To Examiner Ratio (Ger), Shine Tu

Law Faculty Scholarship

The current metric for examiner prosecution activity is allowance rate, which is calculated by dividing the total number of allowances by the sum of the allowances and abandonments (allowance rate = total allowance/(total allowances total abandonments)). Importantly, however, allowance rates do not consider an examiner’s pending docket. Specifically, allowance rates do not fully capture if the examiner is simply writing office actions thereby prolonging prosecution or allowing cases. This study rectifies this failure by creating and analyzing a dataset that captures every active examiner’s current docket. Calculating the Office Action per Grant Ratio (OGR = Total # of Office Actions ...


The Compromised Right To Education, Joshua Weishart Jul 2018

The Compromised Right To Education, Joshua Weishart

Law Faculty Scholarship

No abstract provided.


Aligning Education Rights And Remedies, Joshua Weishart Jul 2018

Aligning Education Rights And Remedies, Joshua Weishart

Law Faculty Scholarship

Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered ...


Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies Jun 2018

Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe Jun 2018

Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe

Law Faculty Scholarship

[exerpt] "Examine a timelier topic: the court's decision to effectively punt on the major religious freedom and partisan gerrymandering cases it was poised to decide this term. For the court's restrain in these cases may have some relation to our turbulent political times."


Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies Jun 2018

Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies Jun 2018

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Work/Community Engagement Requirement Stakeholder Roundtable, Lucy C. Hodder, Jo Porter Jun 2018

Work/Community Engagement Requirement Stakeholder Roundtable, Lucy C. Hodder, Jo Porter

Law Faculty Scholarship

Over the next twelve months, New Hampshire will transition to a new coverage model for the Medicaid expansion program (the "Granite Advantage Program"), and will implement a demonstration engagement requirement, approved focus on the population covered by an emphasis on work status and New Hampshire, see Covering the Care: A Focus on the NH Marketplace).


Covering The Care: Medicaid, Work, And Community Engagement, Lucy C. Hodder, Jo Porter Jun 2018

Covering The Care: Medicaid, Work, And Community Engagement, Lucy C. Hodder, Jo Porter

Law Faculty Scholarship

Part of "Informing the Conversation" data and policy brief series. This brief reviews the major parameters of the work and community engagement requirements being implemented in the New Hampshire Medicaid program, and the overall landscape of employment in the state.


Sports Betting, Federalism And The Constitution, John M. Greabe May 2018

Sports Betting, Federalism And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] Justice Sandra Day O'Connor has described federalism - how the Constitution divides powers between the federal government and the states - as "perhaps our oldest question of constitutional law."

This past week, the United States Supreme Court returned to this oldest of constitutional questions to strike down a federal law that had prohibited stats from authorizing betting on competitive sporting events.


Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein May 2018

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Travel Ban At The Supreme Court: Deference Seems To Prevail, Peter Margulies Apr 2018

The Travel Ban At The Supreme Court: Deference Seems To Prevail, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Travel Ban And Presidential Power, Peter Margulies Apr 2018

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Use Of Military Force And The Constitution, John M. Greabe Apr 2018

The Use Of Military Force And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] Last week, for the second time since becoming president, President Donald Trump ordered a military strike on Syria without seeking or obtaining authorization from Congress. Both strikes were responsive to chemical-weapons attacks that, American intelligence analysts say, the Syrian government launched against its own people.

Many believe that these forceful responses to horrific war crimes involving banned weapons were morally justified. But were they constitutional?


Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies Apr 2018

Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies

Law Faculty Scholarship

No abstract provided.