Mary Searles and Kathy Fletcher present valuable legal reference information at the 2012 NHLA Fall Conference. Web page screenshots and links are included. Thank you, you two Law Librarians Extraordinaire!
Paul Hawkes could have attended any number of colleges and law schools in the country, but Paul Hawkes chose to stay in Florida. In 1983, Paul Hawkes graduated from University of South Florida with his B.S. in Political Science, graduating Cum Laude. Afterwards, Paul Hawkes attended Florida State University College of Law. Graduating with Honors in 1985, Paul Hawkes turned around and used his Florida education for the good of Florida, working as an Assistant State Attorney before moving on to serve in the State House of Representatives.
Paul Hawkes could have attended any number of colleges and law schools in the country, but Paul Hawkes chose to stay in Florida. In 1983, Paul Hawkes graduated from University of South Florida with his B.S. in Political Science, graduating Cum Laude. Afterwards, Paul Hawkes attended Florida State University College of Law. Graduating with Honors in 1985, Paul Hawkes turned around and used his Florida education for the good of Florida, working as an Assistant State Attorney before moving on to serve in the State House of Representatives.
Abstract of a Legoa Overview of Utah's HB 148 Transfer of Public LandsAmerican Lands Council
Abstract Version
Recent legislation passed in the state of Utah has
demanded that the federal government extinguish title
to certain public lands that the federal government
currently holds. The state of Utah claims that the
federal government made promises to it (at statehood
when the federal government obtained the lands) that
the federal ownership would be of limited duration and
that the bulk of those lands would be timely disposed
of by the federal government into private ownership
or otherwise returned to the state. This White Paper
provides a legal overview of these claims
Digging Deeper: Uncovering the Hidden Potential of Historical State and Local...History Associates
In this presentation, History Associates draws upon 30 years of experience in historical research to discuss the hidden potential of state and local records to environmental law practitioners. The presentation provides an overview of how to conduct such research and examines some of the key types of state and local records that can be dispositive in environmental cases.
The Great Plains provided a rich environment for the first people in South Dakota. Primary resources from libraries, archaeologists, explorers and the United States Government document the life and history of American Indians before and after the westward expansion into the territory now known as South Dakota. This session highlights information readily available to educators for the teaching of South Dakota American Indian culture and history.
Instructions Every lawyer briefs cases differently. A case brief g.docxdoylymaura
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.
The following is adapted from
A Practical Guide to Legal Writing and Legal Method
(Dernbach, et al., 2007).
Case name
: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows:
State v. Holloran
, 140 NH 563 (1995). Refer to Bluebook to determine the correct name for the case.
Pincites
: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so you can find material again quickly within a case.
Procedural History
: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.
Facts
: Include only the facts that were relevant to the court’s decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation.
Issue
: The particular question the court had to decide in this case. It usually includes specific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more than one issue.
Holding/Decision
: The legal answer to the issue. If the issue is clearly written, then the holding can be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit
reasoning
. See # 8 below.)
Rule
: The general legal principle(s) relevant to the particular factual situation presented in the case.
Reasoning
: The logical steps the court takes to arrive at the holding. It can be straightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.
Disposition
: A statement of what the court actually did in the case (affirmed, overruled, etc.)
Dissent/Concurrence
: Although this part of the opinion is not considered law, it may help you better understand some information about the legal reasoning in the case. Not all cases have a dissent or concurrence, while some may have more than one.
11.
Comments
: Include your own responses to the case here. For example, does the reasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the question you are trying to answer? This is a good place to note connections between.
Week 2 Discussion: Evidence-Based Arguments
.
Required Resources
Read/review the following resources for this activity:
· Textbook: Chapter 3, 4
· Minimum of 1 scholarly source
Initial Post Instructions
Evidence-based practice requires...evidence. The careful collection of evidence is the first job of every medical practitioner, not least the nurse, who has the most extensive and intimate contact with the patient. However, it does not stop with the nurse. Whatever your role - social worker, hospital administration, human services - whether your problem is the allocation of scarce resources, where to add or cut staff, or the treatment plan for a patient, you will need to present and defend your position in a clearly structured argument
For this discussion, address the following:
· Explain how applying the methods of analyzing an argument can help you make and win your point.
· As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings?
· Provide an example of how you might diagram your findings.
Follow-Up Post Instructions
Respond to at least two peers or one peer and the instructor. Further the dialogue by providing more information and clarification.
Writing Requirements
· Minimum of 3 posts (1 initial & 2 follow-up)
· APA format for in-text citations and list of references
Grading
This activity will be graded using the Discussion Grading Rubric. Please review the following link:
· Link (webpage): Discussion Guidelines
Course Outcomes (CO): 2
Due Date for Initial Post: By 11a.m. EST on Wednesday
Search entries or author Filter replies by unreadUnread Collapse replies Expand replies
Subscribe
ReplyReply to Week 2 Discussion: Evidence-Based Arguments
·
Collapse SubdiscussionRussell Waltz
Manage Discussion Entry
Opening Post
Hello Class,
Welcome to Week 2! You may begin posting on Day 1, which is Monday, for credit. This week, we will be discussing the difference between providing an explanation and providing an argument. Along with your textbook reading for the week, here is an additional reading to consider for this week's discussion:
Archie, L. (2004). Diagramming arguments. Retrieved December 26, 2018, from https://philosophy.lander.edu/logic/diagram.html
Discussion Prompt:
Explain how applying the methods of analyzing an argument can help you make and win your point. As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings? Provide an example of how you might diagram your findings.
Remember to use an outside resource in the main post, which needs to be on or before Wednesday. Don’t forget to look over the discussion rubric as a reference when you are writing your discussion posts. If you have any questions, please post in the Q&A forum or email me. Let’s get started!
Please remember to take note of the Discussion Grading ...
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docxARIV4
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
Workshop resources for the HEA-funded workshop 'Embedding legal research skills into the LLB curriculum'.
LETR identified that “legal research skills are not sufficiently acquired by the end of the academic stage” and recommends the introduction of distinct assessment in legal research to the LLB. This workshop explored the ways in which legal research skills can be developed and assessed within a qualifying law degree.
This presentation is part of a related blog post that provides an overview of the event: http://bit.ly/1hUljKb
For further details of the HEA's work on teaching research methods in the Social Sciences, please see: http://bit.ly/15go0mh
Abstract of a Legoa Overview of Utah's HB 148 Transfer of Public LandsAmerican Lands Council
Abstract Version
Recent legislation passed in the state of Utah has
demanded that the federal government extinguish title
to certain public lands that the federal government
currently holds. The state of Utah claims that the
federal government made promises to it (at statehood
when the federal government obtained the lands) that
the federal ownership would be of limited duration and
that the bulk of those lands would be timely disposed
of by the federal government into private ownership
or otherwise returned to the state. This White Paper
provides a legal overview of these claims
Digging Deeper: Uncovering the Hidden Potential of Historical State and Local...History Associates
In this presentation, History Associates draws upon 30 years of experience in historical research to discuss the hidden potential of state and local records to environmental law practitioners. The presentation provides an overview of how to conduct such research and examines some of the key types of state and local records that can be dispositive in environmental cases.
The Great Plains provided a rich environment for the first people in South Dakota. Primary resources from libraries, archaeologists, explorers and the United States Government document the life and history of American Indians before and after the westward expansion into the territory now known as South Dakota. This session highlights information readily available to educators for the teaching of South Dakota American Indian culture and history.
Instructions Every lawyer briefs cases differently. A case brief g.docxdoylymaura
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.
The following is adapted from
A Practical Guide to Legal Writing and Legal Method
(Dernbach, et al., 2007).
Case name
: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows:
State v. Holloran
, 140 NH 563 (1995). Refer to Bluebook to determine the correct name for the case.
Pincites
: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so you can find material again quickly within a case.
Procedural History
: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.
Facts
: Include only the facts that were relevant to the court’s decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation.
Issue
: The particular question the court had to decide in this case. It usually includes specific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more than one issue.
Holding/Decision
: The legal answer to the issue. If the issue is clearly written, then the holding can be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit
reasoning
. See # 8 below.)
Rule
: The general legal principle(s) relevant to the particular factual situation presented in the case.
Reasoning
: The logical steps the court takes to arrive at the holding. It can be straightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.
Disposition
: A statement of what the court actually did in the case (affirmed, overruled, etc.)
Dissent/Concurrence
: Although this part of the opinion is not considered law, it may help you better understand some information about the legal reasoning in the case. Not all cases have a dissent or concurrence, while some may have more than one.
11.
Comments
: Include your own responses to the case here. For example, does the reasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the question you are trying to answer? This is a good place to note connections between.
Week 2 Discussion: Evidence-Based Arguments
.
Required Resources
Read/review the following resources for this activity:
· Textbook: Chapter 3, 4
· Minimum of 1 scholarly source
Initial Post Instructions
Evidence-based practice requires...evidence. The careful collection of evidence is the first job of every medical practitioner, not least the nurse, who has the most extensive and intimate contact with the patient. However, it does not stop with the nurse. Whatever your role - social worker, hospital administration, human services - whether your problem is the allocation of scarce resources, where to add or cut staff, or the treatment plan for a patient, you will need to present and defend your position in a clearly structured argument
For this discussion, address the following:
· Explain how applying the methods of analyzing an argument can help you make and win your point.
· As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings?
· Provide an example of how you might diagram your findings.
Follow-Up Post Instructions
Respond to at least two peers or one peer and the instructor. Further the dialogue by providing more information and clarification.
Writing Requirements
· Minimum of 3 posts (1 initial & 2 follow-up)
· APA format for in-text citations and list of references
Grading
This activity will be graded using the Discussion Grading Rubric. Please review the following link:
· Link (webpage): Discussion Guidelines
Course Outcomes (CO): 2
Due Date for Initial Post: By 11a.m. EST on Wednesday
Search entries or author Filter replies by unreadUnread Collapse replies Expand replies
Subscribe
ReplyReply to Week 2 Discussion: Evidence-Based Arguments
·
Collapse SubdiscussionRussell Waltz
Manage Discussion Entry
Opening Post
Hello Class,
Welcome to Week 2! You may begin posting on Day 1, which is Monday, for credit. This week, we will be discussing the difference between providing an explanation and providing an argument. Along with your textbook reading for the week, here is an additional reading to consider for this week's discussion:
Archie, L. (2004). Diagramming arguments. Retrieved December 26, 2018, from https://philosophy.lander.edu/logic/diagram.html
Discussion Prompt:
Explain how applying the methods of analyzing an argument can help you make and win your point. As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings? Provide an example of how you might diagram your findings.
Remember to use an outside resource in the main post, which needs to be on or before Wednesday. Don’t forget to look over the discussion rubric as a reference when you are writing your discussion posts. If you have any questions, please post in the Q&A forum or email me. Let’s get started!
Please remember to take note of the Discussion Grading ...
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docxARIV4
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
Workshop resources for the HEA-funded workshop 'Embedding legal research skills into the LLB curriculum'.
LETR identified that “legal research skills are not sufficiently acquired by the end of the academic stage” and recommends the introduction of distinct assessment in legal research to the LLB. This workshop explored the ways in which legal research skills can be developed and assessed within a qualifying law degree.
This presentation is part of a related blog post that provides an overview of the event: http://bit.ly/1hUljKb
For further details of the HEA's work on teaching research methods in the Social Sciences, please see: http://bit.ly/15go0mh
CitationStephen L. Wasby, The Functions and Importance of.docxsleeperharwell
Citation:
Stephen L. Wasby, The Functions and Importance of
Appellate Oral Argument: Some Views of Lawyers and
Federal Judges, 65 Judicature 340 (1982)
Provided by:
University of Washington Law Library
Content downloaded/printed from HeinOnline
Thu Oct 4 22:09:34 2018
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acceptance of HeinOnline's Terms and Conditions
of the license agreement available at
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of your HeinOnline license, please use:
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https://heinonline.org/HOL/Page?handle=hein.journals/judica65&collection=journals&id=342&startid=342&endid=355
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The functions and importance
of appellate oral argument:
some views of lawyers and
federal judges
0
CO.,
0'
z
340 judicature Volume 65. Number 7 February, 1982
%-. M
Although some critics have proposed curtailing or
eliminating oral argument in certain cases,
both judges and lawyers believe
it plays a vital role in the appellate
process, a recent survey shows.
> by Stephen L. Wasby
~ne of the most traditional and im-
portant elements of deciding cases
on appeal is oral argument, an ele-
ment of advocacy older than writ-
lJ ten briefs in this country. Briefs originally were
not required in appeals, and oral argument
J1 continued without time limits even when
briefs were submitted. Eventually briefs did
begin to displace argument: the Supreme Court
first waived oral argument when written argu-
ments were submitted, then mandated briefs
prior to argument, and finally both reserved
argument for the most important cases and
reduced the time granted each party.t
Curtailment of oral argument in other appel-
late courts, partly the result of caseload pres-
sure, has attracted continued attention. Var-
ious sources have warned that eliminating oral
argument in all cases would harm the appel-
late process. 2 Most recently, the Devitt Com-
mittee (the Committee to Consider Standards
for Admission to Practice in the Federal Courts
of the Judicial Conference of the United States)
brought further attention to legal advocacy at
both trial and appellate levels. The "substan-
tially divided" committee, however, made no
recommendations concerning appellate advo-
cacy because it found "the problems presented
... not sufficiently serious to call for the recom-
mending of remedies" 3-at least by compari-
son with trial advocacy, to which the commit-
tee devoted the bulk of its attention. Despite the
Devitt Committee's view, appellate advocacy
remains of considerable importance.
Recent literature shows tension between two.
File Upload: MODULE 5
Module Assignment #5
Objectives
1. Discuss attributes of a culture of wellness, including those that facilitate improving a
patient’s medication experience.
2. Identify behaviors and beliefs that promote safe medication-taking practices.
3. List actions that individuals, the scientific and medical community, and government
can take to address America’s drug-taking culture and the prescription drug misuse
epidemic.
Directions
In Module 5, we’re wrapping-up the course by shifting the conversation toward a culture
of health. To do this, we’ll write a response paper to one of the following three TED
talks:
1. “What makes us get sick? Look Upstream” by Dr. Rishi Manchanda
2. “How to connect with depressed friends” by Bill Bernat
3. “Addiction is a disease. We should treat it like one” by Michael Botticelli
Select and view the one TED talk that you find the most interesting (see ‘Resources’).
Then, compose a response paper that reports your interpretation, analysis, and
aesthetic response of/to the ideas presented within the TED talk. Consult the ‘What to
Include’ section below for specific instructions.
What to Include
Compose a response paper that reports your interpretation, analysis, and aesthetic
response of/to your selected TED talk by addressing the following three writing prompts:
1. Interpret the artistic work:
• In your opinion, what is the main message the presenter is trying to share?
Support your response with a specific example from the TED talk.
2. Analyze and Evaluate: What is your analysis of the TED talk overall? Address both
of these prompts to help construct your analysis:
• What is the main issue or problem the presenter is discussing? How does
this issue/problem contribute to America’s drug-taking culture? Elaborate on
your response with an example from the talk.
• Consider the solution the presenter proposes to address the main
issue/problem they are discussing. If individuals or society implement this
solution, how would these actions contribute to a culture of wellness? Again,
elaborate on your response with an example from the talk.
3. Develop an aesthetic response:
• How did watching this TED talk make you feel? Elaborate on your response
by including a meaningful personal reflection that further explains your
thoughts and feelings.
4. Format guidelines: Arial font size 11; single-spaced; 1” margins; Length: 1.5 pages
maximum
5. Please cite the TED talk as well as any external sources, and include a reference list
containing the full citation for each source following the end of your essay.
Resources
1. Michael Botticelli. Addiction is a disease. We should treat it like
one [Video]. Published October 2016. Accessed March 29, 2019.
2. Bill Bernat. How to connect with depressed friends [Video]. Published November
2017. Accessed March 29, 2019.
3. Dr. Rishi Manchanda ...
Similar to Legal Reference for Public Librarians (20)
1. LEGAL REFERENCE
FOR PUBLIC LIBRARIANS
Kathy Fletcher, UNH Law Library
Mary S. Searles, NH Law Library
NHLA Fall Business Meeting
November 8, 2012
Gunstock Mountain Resort, Gilford, NH
3. THE JOY OF COOKING APPROACH
READ ABOUT THE LAW
THEN READ THE LAW
4. TYPICAL LEGAL RESEARCH
PROCESS
1. Formulate the legal question
2. Categorize the question
Federal/state/local
Civil/criminal
Procedural/substantive
3. FIND BACKGROUND RESOURCES = READ ABOUT THE LAW
4. Read the statutes, cases, regulations
5. JOY OF COOKING APPROACH
1. FIND BACKGROUND RESOURCES = READ ABOUT THE LAW
2. Formulate the legal question
3. Categorize the question
Federal/state/local
Civil/criminal
Procedural/substantive
4. Read the statutes, cases, regulations
7. JOY OF COOKING APPROACH
1. FIND BACKGROUND RESOURCES = READ ABOUT THE LAW
2. Formulate the legal question
3. Categorize the question
Federal/state/local
Civil/criminal
Procedural/substantive
4. Read the statutes, cases, regulations
30. HOMEWORK
Send your patrons’ questions
Let us know about problems with the site
Let us know what’s helpful and what’s not
msearles@courts.state.nh.us
31. QUESTIONS?
KATHY FLETCHER
Kathy.Fletcher@law.unh.edu
MARY SEARLES
msearles@courts.state.nh.us
Editor's Notes
These point you to sources. Print as well as electronic. Leading treatises can be interlibrary loaned.