University of New Hampshire

School of Law

School of Law

UNH Law Review

Issue: Volume 8, Number 2

February 2010

  • Bringing To Heel The Elephants In The Economy: The Case For Ending "Too Big To Fail"

    Although the policy of “Too Big To Fail” (TBTF) has been extensively debated since the Savings and Loan Crisis of the 1980s, the recent meltdown in the financial sector has brought the debate to the forefront. The costs associated with the Troubled Asset Relief Program are enormous, but if TBTF is not reined in, this country will face these costs again.

    This article first examines the Federal Deposit Insurance Corporation Improvement Act (FDICIA), which was passed in response to the Savings and Loan Crisis, and the regulatory regime under it. It then discusses bubbles and their relationship to systemic risk. The article analyzes both the effect of consolidation on TBTF and the effect of the government bailout on consolidation. The article then analyzes the effect of moral hazard and how to reduce it.
  • The Fluctuating Workweek: How It Works, How It's Treated, How It's Perceived

    The article introduces the fluctuating workweek method of overtime compensation as an alternative to the traditional method in most states. The author explains the intricacies of the fluctuating workweek method, addresses how state courts treat this alternative method, and provides the reader with various policy misconceptions. Most importantly, the article supports the notion that paying overtime is less expensive today than hiring new employees.
  • Handling Fiduciary Issues In Limited Liability Company Formations Under The New Hampshire Limited Liability Company Act—A Practical Introduction

    This article discusses the principal fiduciary duties that are relevant in planning and negotiating limited liability company (LLC) agreements in New Hampshire. The article provides a summary of the relevant statutory and common law rules that govern fiduciary duties in New Hampshire. The author concludes by suggesting how a drafter of a New Hampshire LLC agreement should address fiduciary duties in representing prospective managers and members.
  • COMMENT: Controlling Patent Prosecution History

    This comment analyzes the effect of patent prosecution history on obviousness in light of KSR International Co. v. Teleflex Inc. The comment begins by analyzing the Supreme Court’s obviousness inquiry in Graham v. John Deere Co. of Kansas City and United States v. Adams. It then analyzes the Court’s decision in KSR and the effect the decision will have on patent prosecution in the future.
  • NOTE: State V. Burgess: A Limitation On A Defendant's Right To Remain Innocent

    This student note discusses the impact of the holding in State v. Burgess. In that case, the New Hampshire Supreme Court held that, at sentencing, a court may draw negative inferences from a defendant’s decision to invoke his right against self-incrimination where the defendant has admitted to the act underlying the charged crime but relied on some legal justification or defense to undermine his culpability. The author concludes that Burgess’s narrow limitation on the privilege against self-incrimination is unworkable and conflicts with common law precedent.