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Bar Journal - March 1, 2001



This issue marks the 43rd year of publication for the New Hampshire Bar Journal. In retrospect, Bar Journal has evolved from a small publication in its early years to a publication with theme issues and front covers that include paintings with uniquely New Hampshire perspectives. We are grateful to Bob Larsen, a member of the Bar Association, for having allowed Bar Journal to reproduce a number of his paintings in recent issues. The painting of the state Capitol on this issue's front cover was done by Bob Larsen and was given to Judge George Manias on his retirement last year.

In the coming years, Bar Journal will continue to evolve, especially with the options that the Internet now offers for quarterly publications like ours. We are now discussing how to "publish" Bar Journal on the Internet, delivering the text of the articles to all readers electronically instead of in the usual printed format. All of the articles in this as well as all of the articles published in last year's editions of the Bar Journal will be available on the Bar's Web site soon. While we cannot promise to put all of the back issues on the Web immediately, from here on the Bar Journal will be available online. The Bar Association is also investigating how to provide a keyword search capability for Journal issues that are online, which will surely develop into a valuable research tool as time goes on.

Discussions are just beginning as to the future of the Bar Journal and other Bar publications in the electronic era. One possibility would be to publish some Bar publications only electronically, a method that would both control costs and deliver articles to readers more quickly. Or perhaps there could be some combination of the Bar Journal and the Bar News as a print publication, supplemented with timely or more in-depth online material. We welcome any thoughts that readers may have on a conversion from the traditional print-format to the electronic-format.

Although the format of Bar Journal may change in the coming years, the core editorial policy will not. The mission of Bar Journal is to publish thoughtful articles with different perspectives on the law and the role of the law in society. This current issue meets that goal, with a variety of authors, topics and perspectives.

Three articles continue to examine the profound impact the Internet is having on the law. All three authors are affiliated with Franklin Pierce Law Center: William Murphy and Glen Secor are faculty members; and Linda Spiller is a recent graduate. William Murphy's article examines antitrust policy in the age of e-commerce. Glen Secor's article focuses upon electronic publishing and copyrighted works. Linda Spiller examines the Americans with Disabilities Act and the Internet.

Other articles in this issue explore a variety of topics. Brian Tierney of the Attorney General's Office explores the use of experts specializing in document identification at trial. Jeffrey Spill provides an analysis of the exclusionary rule. Judge Robert J. Lynn examines judicial rule-making and the separation of powers in New Hampshire. Finally, Peter Wolfe and Kelly Mullen deal with mediation in the Probate Court system.

Finally, Charles DeGrandpre updates all of us on recent case law in New Hampshire. His regular column (Lex Loci) has been featured in Bar Journal for more than a decade now - and will continue to be featured, whether Bar Journal is printed in hard-copy or electronically. He ends his current article with a description of what old U.S. Route 3 (the Daniel Webster Highway) was like decades ago. He takes the reader from Nashua and Merrimack north to the Canadian border, with brief notes on what the cities and towns of New Hampshire along that route were like in the 1950's and 1960's. That road, like Bar Journal itself, has changed a great deal during the 40 years that have elapsed.


Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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