2006 Summer, 4. Introduction.

AuthorBy: Michael S. Delucia

New Hampshire Bar Journal


2006 Summer, 4.


New Hampshire Bar Journal Volume 47, No. 2, Pg. 4Summer 2006IntroductionBy: Michael S. DeluciaThe 2006 Annual Survey of New Hampshire law, produced in collaboration with Franklin Pierce Law Center and featuring articles by students at the law school, covers an array of topics and areas of the law. Two of the articles, one by third-year student Denise Jobe, and the other by 2006 Pierce Law graduate Scott Kumpf, were judged by a panel of the Bar Journal Editorial Board as especially worthy, and were named Editor's Award co-winners for 2006.

Denise Jobe analyzes the current debate and concerns over assessors' practices in valuing real estate property based on the enhanced value provided by scenic views. The issue of "view assessments" highlights a persistent problem in New Hampshire: many tax assessors in the state do not provide sufficient documentation of their assessment practices. Jobe's research went beyond the traditional sources of recent decisions by the Supreme Court to incorporate reviews of Department of Revenue Administration rules and decisions of the Board of Land and Tax Appeals.

Kumpf takes on a Supreme Court decision that apparently has changed the relationship between landlords and tenants, creating a new standard for eviction that extends residential tenants' occupancy rights beyond the expiration of leases. The decision is a controversial one, and Kumpf methodically examines the state of landlord-tenant law, the decision, its apparent impact and the unanswered questions it raises.

The first article appearing in this issue, by third-year student David Hall, also looks at a decision that changes the legal landscape for litigation. It examines the Court's adoption, through two recent decisions, of the doctrine of judicial estoppel, which Hall carefully delineates from its better-known cousins, collateral estoppel and equitable estoppel.

Also from Franklin Pierce, is an article dealing with a recent Supreme Court decision regarding the balancing of a domestic violence victim's rights to protection and the defendant's right to due process. The author, third-year student Jennifer Chase, argues that the majority in McCarthy v. Wheeler overlooks the public policy purposes of the domestic violence statute and fails to consider remedies other than...

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