Faculty and Staff Newsletter

Welcome to the home of our e-newsletter highlighting the various projects in which UNH Law faculty and staff are involved throughout the academic year and summer. Full text of the most recent editions are below.

UNH Law Faculty and Staff Activities – Spring 2018

Ann Bartow spoke on the “Adjuncts Panel” at the 2018 International Trademarks Association (INTA) Annual Meeting; presented a work in progress on trademark law and sports mascots at the Nan Hu China IP Scholars conference in Chong Qing, China; presented a critique of the Digital Millennium Copyright Act (DMCA) at a conference at Texas A&M School of Law in Fort Worth, Texas; conducted an interview with Professor Elizabeth Townsend Gard on gender, creativity, and copyright in conjunction with her quilting project at the Tulane Center for IP Law and Culture; and presented “Copyrights and Access to State Law” at the Third Annual IP Scholars Asia Conference, convened by the SMU Applied Research Centre for Intellectual Assets and the Law in Asia at Singapore Management University. While in Singapore, Ann also moderated a panel about negative spaces and IP and participated on a plenary panel on scholarship and publication. In addition, Ann presented “The Economics of Race and Gender in Art Law” at the Works in Progress Intellectual Property (WIPIP) Conference held at Case Western Reserve University in Cleveland Ohio; presented “Copyright Misuse” as a featured speaker in the Distinguished Lecture Series hosted by Indiana University McKinney School of Law, Center for Intellectual Property & Innovation in Indianapolis, Indiana; and presented “Productive Hacking and Improved Online Privacy” at the Journal of Science, Technology and Law (JOSTL) 2018 Symposium at the Boston University School of Law in Boston, Massachusetts.

Jon Cavicchi participated in the Association of College & Research Libraries, New England Chapter Annual Conference on Failing Forward: Experimentation and Creativity in Libraries, highlighting experimentation and creativity in college and research libraries. This year marks the 20th Anniversary of the founding of the UNH Law IP Library, the only academic IP Library in the U.S., a bold step in IP information innovation for the IP academy in U.S. law schools. This academic year Cavicchi also supported a large cohort of visiting research scholars from around the globe – including China and Korea.

Melanie Cornell has been co-chair of a UNH multi-campus “LSP Task Force” to select a new Library Services Platform (LSP) to which all three campus libraries will migrate together. Following an RFP process with USNH, a contract was recently signed between UNH and the vendor for us to begin our migration and implementation from two separate Innovative (Millennium) library systems to a single, shared ExLibris (Alma/Primo) system, with a “go live” goal of Summer 2019.

Kathy Fletcher taught  “SJE 2.0” on Weightism with Joelle Ryan, a professor in the Women’s Studies department, last February. In April, the UNH Presidential Task Force on Campus Climate (on which she participated) released its Final Report and Recommendations to President Huddleston, who endorsed it and sent it campus-wide. In May, she taught “How a Bill Becomes Law in N.H.” to a group of very interested citizens at the Unitarian Universalist Society of Laconia.

John Garvey was elected to the board of the New Hampshire Bar Foundation, a nonprofit, grant-making charitable foundation dedicated to supporting civil legal aid for the disadvantaged and law-related education in New Hampshire. He also continued to teach negotiations in the Management and Development Leadership Program at the Rockefeller Center for Public Policy and the Social Sciences at Dartmouth.

John Greabe published an essay titled “Remedial Discretion in Constitutional Adjudication: A Codicil” in ConLawNOW, an online journal of The Constitution Center at the University of Akron; a blog post titled “Disentangling the Ethical and Constitutional Regulation of Criminal Discovery” in the Harvard Law Review Blog (with Justin Murray); and four “Constitutional Connections” columns in the Concord Monitor. He also gave a talk titled “Freedom of Speech and Non-Discrimination in Higher Education” to the University System of New Hampshire Board of Trustees at their most recent meeting.

Tom Hemstock won election to the UNH Faculty Senate and was appointed to the Campus Planning Committee. He also continues as Treasurer of the Association of New Hampshire Law Librarians for 2018-19. In April, he spoke at the Computers in Libraries conference in Arlington, Virginia on the challenges facing law libraries.

Lucy Hodder traveled to Baltimore to attend the American Health Lawyers Association meeting on Medicare and Medicaid. The Health Law and Policy Center (which she directs) hosted several work sessions with the Integrated Delivery Networks, DHHS, and key stakeholders in March . These sessions addressed the federal substance use disorder confidentiality rules, which are particularly important to providers trying to integrate in new payment models and new integrated forms of care delivery. The Center also hosted a Roundtable on the Work and Community Engagement Requirements for the new Medicaid Granite Advantage Program with 40 key stakeholders from around the state. 

Marcus Hurn was invited by the NH House Ways and Means Committee to meet with them in their working session on April 17. They sought his opinion about the constitutionality of SB 564. This is the tax exemption for businesses involved in research and production of regenerative medicine products (Dean Kamen’s initiative). He suggested one amendment (which was adopted) and the bill passed.

Stan Kowalski traveled to Algeria as part of an ongoing collaboration with the Commercial Law Development Program (CLDP), a division of the U.S. Department of Commerce, to participate in a program titled “US-Algeria Technical Cooperation Development of Algeria’s Innovation Ecosystem.” UNH law students Sagar Antala, Matthew Brekus, Christian Hans, Kevin Ma and Chris Sullivan helped him to prepare his presentation. Stan also hosted a high-level delegation of eight Chinese IP professionals, including lawyers, professors, government officials and judges, for a two-hour roundtable discussion and tour of UNH Law. These visitors came to the United States under the auspices of the US Department of State's International Visitor Leadership Program and were hosted locally by the World Affairs Council of New Hampshire. Stan also recently traveled to New York City to attend The Global Solutions Summit (GSS) convened at the United Nations. There, he engaged in discussions relating to IP and development in Africa and Latin America; met with alumnus Tatang Henry Tachi, who is currently working on IP and innovation capacity building program development in Cameroon; and met a man who collaborates with the UNH Center for Social Innovation and Entrepreneurship on an African water system.

Michael McCann held book signings for Court Justice: The Inside Story of My Battle Against the NCAA in several stores and restaurants, including the Barnes and Noble in Boston’s Prudential Center and P.J. Clarke’s, which is owned by actor Timothy Hutton and other investors, in Washington D.C. McCann and his co-author, Ed O’Bannon, also hosted a panel discussion on Court Justice at UNH Law on March 26. Between March 5, 2018 and June 7, 2018, McCann authored 41 legal and investigative articles for Sports Illustrated magazine and SI.com. Several of McCann’s SI articles concerned the controversy involving NFL players, the national anthem and President Trump. Colin Kaepernick’s mother, Teresa Kaepernick, recently shared one of McCann’s SI articles on Twitter. In March, McCann delivered the luncheon keynote at the Association of National Advertisers 2018 conference, which was held in Washington D.C. McCann’s speech centered on crisis management strategies for brands endorsed by professional athletes who become controversial. McCann was also the featured speaker at the UNH Celebrate 150 campaign event held in March in Denver, Colorado. In April, McCann spoke at Boston University’s College of Communication on his career as an author and journalist, and he was a panelist on the UNH Law Women’s Law Student Association’s sexual harassment in the workplace panel. Over the last few months, McCann has given more than a 20 interviews on television and radio stations, including NBC Sports Boston and NHPR.

Behzad Mirhashem supervised Advanced Criminal Practice Clinic Student Devon Ayer in two superior court jury trials. Devon examined all the major witnesses and made the opening statements and closing arguments at both trial. Behzad also conducted a faculty video lecture series on the Fourth Amendment and new technologies.                                                                              

Leah Plunkett presented a portion of her draft manuscript (for the MIT Press Strong Ideas series) about the choices parents, teachers, and other adults make about youth digital data privacy at a faculty workshop at Albany Law School; appeared on NHPR's “The Exchange” to discuss digital data privacy in the wake of the revelations about Facebook's data sharing practices, led a conversation with Julie Cohen, co-creator of the documentary RBG at a special screening of the documentary hosted by the NH Institute for Civics Education and Red River Theatres in Concord, N.H.; was invited to blog for the Knight Institute for First Amendment at Columbia University about litigation underway in New Hampshire over how to understand a lottery winner's right to privacy and the public's right to know information related to the lottery; and co-chaired the planning committee for the ACLU of New Hampshire's 50th anniversary Bill of Rights dinner.

Alexandra Roberts visited Harvard Law School along with Brian Frye for a panel called “Art, Technology, & Legal Grey Zones,” where she spoke with students about poetry, intellectual property, social media, and her research on hashtags as trademarks; wrote a blog post about use as a trademark in a recent district court decision for Eric Goldman’s Technology & Marketing Law Blog; presented her work-in-progress, “Trademark Failure to Function,” at Suffolk Law School, at Notre Dame Law School, at Chicago-Kent as part of their joint IP colloquium with Loyola Chicago, and at the 10th annual Junior Scholars in IP (JSIP) Workshop at Michigan State. Her article examines the doctrine of trademark use as a threshold requirement for trademark right and is forthcoming in Iowa Law Review in 2019. Alex also spoke on a panel about IP invalidation at the 22nd annual Berkeley Center for Law & Technology/Berkeley Tech Law Journal Symposium, “The Administrative Law of Intellectual Property.” Her remarks focused on trademark opposition and cancellation, including the new streamlined procedure the USPTO is currently considering for challenging trademark registrations based on abandonment or non-use. 

Sophie Sparrow was recently appointed to a two-year term as a member of the UNH Center for Innovation Excellence in Teaching and Learning (CEITL) Advisory Committee. The CEITL Advisory Committee meets once or twice a year, to discuss the CEITL’s work and accomplishments, to offer advice on current and proposed programmatic initiatives, and to offer advice on CEITL’s full range of programs, services, and initiatives. She has also participated in reviewing articles as a Member of the board and article reviewer for the UK-based journal, The Law Teacher, a fully-refereed journal focusing on legal education and law teaching. The journal, its Association and conferences have an international audience. In addition, she conducted a workshop titled  “Active Learning Techniques,” at the Law Teaching for Adjunct Faculty and New Professors Conference held at Texas A & M Law School.

Amy Vorenberg saw her 2012 book “Strategies and Techniques for Teaching Legal Analysis and Writing” republished in the Legal Writing Institute’s “Volume Seven: The New Teacher’s Desk Book Update” (2011-18). She’s also preparing a paper tentatively titled “Artificial Intelligence Won’t Replace Artisan Lawyering – Telling the Hidden Story” for presentation at the LWI conference this summer. In addition, she’s preparing for a two-day ALWD Board retreat which will include an unconscious bias awareness workshop, and is working on creating a Leadership Academy.

Sue Zago was accepted into UNH’s Faculty Instructional Technology Summer Institute (FITSI) where she will be reworking her online course, International Legal Research, and learning more about the technical tools available to law school faculty. She also attended the NELLCO Symposium and served as a moderator for the program “Noteworthy Project and Programs.” She also attended the NELLCO Board of Director’s meeting, where she was elected as Vice President/President Elect of NELLCO. NELLCO is an international consortium of law libraries that has been working for over 30 years to help its members collaborate, communicate and innovate.

UNH Law Faculty and Staff Activities – Winter 2017/2018

Ann Bartow attended the INTA Leadership Meeting in Washington, DC, last November.  In January, she attended the 2018 AALS Annual Meeting in San Diego, where she presented on a panel entitled “Whispered Conversations” as part of the programming of the Women’s Law Section. At AALS, she also moderated the Intellectual Property Section Panel entitled: “International Intellectual Property in a Post TPP/TTIP, Post Brexit World.”

Courtney Brooks presented on two panels at the Externships 9 conference in Atlanta, Georgia on March 9. The first presentation, directed to “new clinicians,” was on relationships with field supervisors. The second, entitled “Building the Whole Lawyer: Preparing Students for Entry-Level Success,” discussed the Foundations for Practice report and how externship courses can help students build and assess the critical personal characteristics and professional competencies needed to succeed in practice.   

Jon Cavicchi is serving as Faculty Mentor to Distinguished Visiting Scholar Yingqi Xu, Research Associate at the Chengdu Documentation and Information Center, Chinese Academy of Sciences. Professor Xu’s research is multidimensional. He is comparing the UNH Law IP Library with patent information services carried out by academic libraries in China. He also is carrying out various project explorations, such as a patent troll database, index of flexibilities in national patent laws, a patent landscape analysis of the graphene industry, and other patent informatics research projects.

John Greabe presented a paper titled Remedial Discretion in Constitutional Adjudication: A Codicil at a symposium on constitutional remedies hosted by the Center for Constitutional Law at Akron last November. The paper is forthcoming in ConLawNOW, the Center’s online legal journal. In January, he presented on recent developments in federal administrative law to the Indeed, Inc., legal department at its annual retreat in Austin, Texas. He also wrote three “Constitutional Connections” columns for the Concord Monitor.

Eleanor MacLellan has completed a chapter update for the New Hampshire Practice Series, A PRACTICAL GUIDE TO DISCOVERY AND DEPOSITIONS IN NEW HAMPSHIRE (2011). The chapter (and update) Eleanor contributed is titled Analyzing and Responding to Discovery. She had the happy experience of co-authoring this update in a mother-daughter team with her daughter Hilary Holmes Rheaume, a 2016 UNH Law graduate.

Margaret Sova McCabe published Eating for the Environment Using Dietary Guidelines to Achieve Better Human and Environmental Health Outcomes in Lewis & Clark’s Environmental Law Review. Also, her post Assessing the Administrative Law Review Weaponry in the War on Science was published by the Yale Journal of Regulation’s blog Notice & Comment. She continues to serve on the Academy of Food Law & Policy board and is leading planning for a conference to explore the field’s definition and canons next Fall at Harvard Law School. She also continues on the executive committee of the AALS Section on Agriculture & Food Law for the upcoming year. In November, she guest lectured on sustainable food systems and the law in UNH’s Food and Wine Politics course. Her essay Cooperation or Compromise? Understanding the Farm Bill as Omnibus Legislation, submitted in January, is forthcoming in the Spring 2018 Journal of Food Law & Policy. Finally, her presentation on Administrative Law, Sustainability, and the War on Science has been accepted for the ASU Sandra Day O’Connor School of Law 4th Annual Sustainability Conference for American Legal Educators in May 2018.

Michael McCann saw his two books — The Oxford Handbook of American Sports Law and Court Justice: The Inside Story of My Battle Against the NCAA — publish and become available for sale in bookstores. Court Justice has been the number one selling new book on Amazon in the categories of sports industry, NBA and sociology of sports. Also, between Dec. 1, 2017 and March 4, 2018, McCann authored 33 legal and investigative articles for Sports Illustrated magazine and SI.com. McCann’s investigative reporting on bribery allegations against University of Arizona men’s basketball coach Sean Miller and on workplace misconduct allegations against the Dallas Mavericks led to widely-read articles on SI.com. McCann also appeared on PBS NewsHour and WMUR TV to discuss the USA Gymnastics scandal and he conducted more than 20 radio interviews on a variety of sports law topics. Forbes named McCann to The 50 Must-Follow Sports Business Twitter Accounts of 2017. McCann also spoke on panels at Harvard Law School and UCLA School of Law.

William Murphy published an article in the January 2018 issue of the peer-reviewed Uniform Commercial Code Law Journal titled “Article 9 of the Uniform Commercial Code: An Export Success Story, a Model for Change, and the Challenge Ahead” with Professor Raymond Friel from the law faculty at the University of Limerick, Ireland. This is the second in a transatlantic series of joint articles focusing on Article 9’s approach as a model for secured transactions.  The first, “Personal Property as Security: A Comparative Perspective for Reform,” was published in Ireland and is part of a multi-year collaborative effort between Professors Murphy and Friel.

Leah Plunkett joined the Center for Excellence in Innovation in Teaching and Learning at UNH as a faculty fellow. She enjoyed appearing on “The Exchange” on New Hampshire Public Radio to provide youth law & family law background for a discussion on state legislation that would change the marriage age in the state. She also had fun being a panelist for media day for the Leadership Greater Concord Class of 2018, a program sponsored by the Greater Concord Chamber of Commerce, to discuss the role of digital technologies in news and public discourse.  

Alexandra Roberts published an explainer on Medium about trademark use, the subject of her current research, and was interviewed for the Scholastica blog about her work. She was quoted in Sports Illustrated in a story by Associate Dean Michael McCann about the trademark dispute between the US Army and the NHL expansion team, the Las Vegas Golden Knights, and on The Fashion Law blog about Love Made Me Do It’s lawsuit against Victoria’s Secret. Her book chapter entitled “Athletes’ Trademarks: Names, Nicknames, & Catchphrases” was published in The Oxford Handbook of American Sports Law (ed. McCann). Alt Legal named her one of Twitter’s 18 IP Professionals to Follow in 2018 along with UNH Law alumni Matthew Hintz and Gene Quinn.

Buzz Scherr presented twice at the AALS annual conference in San Diego – one on “Building Online Courses & Programs” to a meeting of Associate Deans, and the other on “Antiseptic, Unprosecutable Cyber Attacks” as a part of a Discussion Group on Russian Meddling in the 2016 Election. He also published a chapter, “Privacy in Public Spaces: The Problem of Out-of-Body DNA,” in Privacy in Public Space: Regulatory and Legal Challenges (Dec. 2017) and a chapter, “Cyber Attacks: Cyber Crime or Cyber War?” in Transnational Crime & Global Security, (January, 2018).

Danette Wineberg visited Vermont Law School as a guest speaker for the Legal Ethics in the Practice of Law course. She spoke and co-taught both sections of this course for a class session in which students focused on problems involving ethics for in-house lawyers.

Sue Zago attended the NHCUC Library Director’s January meeting. She also was asked to serve on two working groups for the New Hampshire Access to Justice Commission: Enhanced Information Services and Consumer Debt Docket. With Ellen Phillips and Michael Nutter, she loaded law faculty scholarship into UNH’s new MyElements platform. Also, as part of a joint UNH libraries’ Request for Proposal, she observed and evaluated vendors’ demonstrations for a new Library Services Platform.

UNH Law Faculty and Staff Activities – September/October 2017

Ann Bartow published an essay in an issue of The Recorder titled “Commemorating the 20th Anniversary of Internet Law’s Most Important Judicial Decision. She also gave a keynote address in Taiwan; presented on “Copyright Misuse” at the 36th Annual International Association for the Advancement of Teaching and Research in Intellectual Property Conference in Wellington, New Zealand; and attended the International Trademark Association Leadership Meeting in Washington DC.

Kathy Fletcher was appointed law school representative to the UNH Presidential Task Force on Campus Climate. With Sue Zago, she also will be presenting at the Law Librarians of New England Fall Meeting on November 17th. The presentation is titled, “Hysteria, Hyperbole, and Witch Hunts (…or Maybe Just a Little Bias) in Legal Publishing: What are Law Librarians’ Obligations to their Patrons in Light of the AALL Principles and Standards for Legal Research Competencies?”

Roger Ford presented a working paper, Data Scams, at workshops at Yale, the University of Chicago, Northwestern, and UNH; presented preliminary results for the project Which Practicing Entities Assert Patents? at the UNH IP Scholars Roundtable; and commented on Mark Verstraete’s paper Privacy and Power in New Contractual Forms at the Northeast Privacy Scholars Workshop at New York Law School. He was also named an Affiliated Fellow of the Information Society Project at Yale Law School.

John Greabe evaluated proposed Civil Procedure Multistate Bar Examination questions for the National Conference of Bar Examiners; served as an article referee for the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review; presented at Constitution Day events at the New Hampshire Statehouse and Concord High School; organized and presented at a panel on hate speech at UNH Durham; moderated a New Hampshire Institute for Civics Education presentation on student speech rights featuring Supreme Court litigants Mary Beth Tinker, John Tinker, and Cathy Kuhlmeier; previewed the Supreme Court’s 2017-18 term on National Public Radio’s “The Exchange”; and wrote monthly “Constitutional Connections” columns for the Concord Monitor.

Tom Hemstock gave a lecture on legal research and a library tour to approximately 30 students in the paralegal program at NHTI (New Hampshire Technical Institute) in November 2017.  He also implemented new ideas for teaching with technology learned this summer while attending UNH’s FITSI (Faculty Instructional Technology Summer Institute) in his legal research course.

Lucy Hodder led an initiative that culminated in publication of a “Substance Use Disorder Privacy Workbook: 42 C.F.R. Part 2.

Marcus Hurn responded to a request from NHPR reporter Sam Evans-Brown for some historical background on the differences between the Vermont and New Hampshire Constitutions.

Matthew Jenks posted his annual “Welcome Back, Students!” photo compilation on the UNH Archives blog; is completing work on his Preservation Column, titled “How to Connect Your Archives to the Law School’s Bottom Line,” for the American Association of Law Libraries; has been working with Megan Carpenter, Glen Kerkian, Jon Cavicchi, and Sue Zago to plan for a 1978 Class Reunion in Seattle; and is searching for and organizing the school’s founding documents.

Glen Kerkian has been coordinating receptions to introduce Dean Megan Carpenter to alumni around the country, with assistance from Marcus Hurn, Mike McCann, Bill Murphy, Ellen Musinksy, and Kate Levesque.

Michael McCann finished his two forthcoming two books — The Oxford Handbook of American Sports Law (publication date: Dec. 28, 2017) and Court Justice: The Inside Story of My Battle Against the NCAA (publication date: Feb. 6, 2018). Also, between Jan. 1, 2017 and Nov. 28, 2017 McCann authored 128 legal articles for Sports Illustrated magazine and SI.com, making 2017 one of his most prolific years as a writer for Sports Illustrated since he joined the publication in 2007. McCann has been interviewed on NPR several times this fall, including when he appeared on All Things Considered in October to discuss Colin Kaepernick’s collusion grievance. McCann has also been interviewed on CNN Headline News, ESPN SportsCenter, CNN and ABC TV in recent weeks to discuss various topics, including President Trump’s remarks about the NFL and three UCLA basketball players who were detained in China for shoplifting.

Behzad Mirhashem presented at the NH Association of Criminal Defense Lawyer’s annual Fall CLE on the following topic: Challenging State Court Convictions in the State and Federal Courts. He also discussed bail reform on “The Attitude,” a New Hampshire radio show hosted by Arnie Arneson.

Leah Plunkett has been working on a book for MIT Press that looks at the choices adults make about children’s digital data and how those choices can have unexpected and unfortunate impacts. She also presented on the digital lives of young adults and the emerging concept of “digital citizenship” as part of a symposium on “Offensive Speech and the First Amendment” at the UNH Durham campus; participated on a panel that explored pioneering women in digital tech that was hosted by Oracle-Dyn at its Manchester, NH office; and presented UNH Law alumna, Jennifer Frizzell, with a Bill of Rights Award from the American Civil Liberties Union of New Hampshire, where she is a board member.

Buzz Scherr presented When is Cybercrime Cyber Warfare?  Part II at the annual conference of the European Society of Criminology in Cardiff, Wales; drafted a bail reform bill for the NH Legislature and lobbied (along with the ACLU-NH) for its passage; helped to draft an eyewitness identification reform bill for the NH legislature and (along with the National Innocence Project) lobbied for its passage; and has led litigation efforts challenging the constitutionality of a border patrol roadblock in Woodstock, N.H. as an ACLU-NH cooperating attorney.

Sophie Sparrow conducted a Team-Based Learning workshop to faculty in The NH and ME Leadership in Neurodevelopmental Disabilities Program (NH-ME LEND) in September 2017. She has been working with the NH-ME LEND program since 2014 to implement Team-Based Learning across a wide spectrum of disciplines.

Ryan Vacca participated in the IP Scholars Forum at Akron Law on the topic of “Intellectual Property Across Borders.” He also was quoted in a story about trademark law and microlearning that appeared in Training Industry, an online news source for learning professionals.

Sue Zago published an article called “Reimagining the Wheel: Using Circular Calendars for Planning in Law School Libraries” in Legal Reference Services Quarterly; attended the NELLCO Board of Director’s meeting at New England Law Boston; attended the NHCUC Library Director’s September meeting at St. Anselm College; attended the NH Access to Justice Commission meeting at the Federal Court House in Concord; and attended two Graduate Council Meetings in Durham. She (along with Ellen Phillips) also has been working on developing a workflow and implementing that workflow to get faculty scholarship loaded into the new MyElements platform.