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Bar News - December 16, 2011

Bar Journal Issue: What Does “Substantial” Mean, Anyway?

The Fall issue of the Bar Journal has been published. This “Developments in the Law” issue does not have a theme; instead, readers will find a variety of intriguing and useful articles on the law.

Substantial Confusion: Use and Misuse of the Word ‘Substantial’ in the Legal Profession
Michael Malaguti traces the history and changing definitions of this mainstay of legal prose. “Not only does ‘substantial’ appear frequently [in legal writing], when it does appear, it tends to carry operative importance… I argue that the word ‘substantial’ has never had a single, stable definition.”

Closing the Loopholes: New Laws for In Terrorem (No Contest) Clauses in Wills and Trusts
Co-authors Nadine Catalfimo and Charles DeGrandpre explore a new law that raises the bar for beneficiaries contesting the provisions of a will and trust with no-contest provisions.

Primer on New Hampshire First-Party Property Insurance
Caryn L. Daum provides a step-by-step analysis of terminology and provisions in property insurance policies covering damage as opposed to general liability policies (that mainly benefit third parties.)

Concussions and Student-Athletes: Medical-Legal issues in Concussion Care & Physician and School System Risks
Co-authors Bradley Holt, an attorney, and Stuart J. Glassman, an M.D. and rehabilitation specialist, consider a new paradigm in student/athlete concussion management and a corresponding new risk management challenge for athletics programs and schools.

Timeline of a High-Conflict Divorce
A timeline, derived entirely from court pleadings and orders in cases related to Thomas Ball, who committed a very public suicide by setting himself on fire outside the Cheshire County Superior Court last summer.

Patent Trolls: Who, What, Where & How to Defend Against Them
Three co-authors from Nelson Kinder + Mosseau law firm look a the “patent troll” phenomenon and recent reforms to address it.

Workers’ Compensation: Appeal of Margeson and Expansion of the Substantial Contribution Test
Daniel Lawson’s expansion of his earlier Bar News article on a key ruling eventually became a comprehensively revised article after yet another important new ruling changed the landscape in workers compensation law.

‘Seven Years War’ Between New Hampshire and the United States; Profiling Joel Parker, Chief Justice of New Hampshire
From the dusty shelves of Vol. 2, No. 2 of the Bar Journal, we re-publish a colorful history of a New Hampshire jurist who was an innovator and author of several much-quoted opinions.

Lex Loci
David Ruoff contributes another brisk survey of recent New Hampshire slip opinions of interest.

Visit for free access to the issue posted online. Also, you will find ordering information at the Online Store to order a printed copy, or to sign up for a subscription.

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