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Criminal Law--Production Of Government Records--Confidential Character, R. G. P. Dec 2019

Criminal Law--Production Of Government Records--Confidential Character, R. G. P.

West Virginia Law Review

No abstract provided.


The Need For A Wealth Inequality Amendment, Stuart Ford Sep 2019

The Need For A Wealth Inequality Amendment, Stuart Ford

West Virginia Law Review

No abstract provided.


"23 And Plea": Limiting Police Use Of Genealogy Sites After Carpenter V. United States, Antony Barone Kolenc Sep 2019

"23 And Plea": Limiting Police Use Of Genealogy Sites After Carpenter V. United States, Antony Barone Kolenc

West Virginia Law Review

No abstract provided.


Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell Sep 2019

Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell

West Virginia Law Review

The Constitution’s extraterritorial scope does not arise often in litigation. Two recent decisions broached the issue. Both arrived at opposite conclusions. And these decisions share a common thread: They confuse more than they clarify while begetting novel questions of law. Does the Constitution protect noncitizens abroad? If so, how? If not, why not? This Note addresses each of these questions in turn. Ultimately, this Note concludes that the Constitution does not have any extraterritorial application whatsoever to noncitizens abroad.


When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos Apr 2019

When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos

West Virginia Law Review

No abstract provided.


State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark Dec 2018

State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark

West Virginia Law Review

No abstract provided.


Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels Dec 2018

Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels

West Virginia Law Review

No abstract provided.


Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears Oct 2018

Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears

West Virginia Law Review

No abstract provided.


The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce Oct 2018

The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce

West Virginia Law Review

No abstract provided.


Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins Sep 2018

Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins

West Virginia Law Review

No abstract provided.


Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak Sep 2018

Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak

West Virginia Law Review

This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive ...


Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal Dec 2017

Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal

West Virginia Law Review

The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them ...


Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump Dec 2017

Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump

West Virginia Law Review

No abstract provided.


Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher Sep 2017

Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher

West Virginia Law Review

No abstract provided.


Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith Sep 2017

Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith

West Virginia Law Review

No abstract provided.


Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella Sep 2017

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto Sep 2017

Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto

West Virginia Law Review

No abstract provided.


Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland Apr 2017

Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland

West Virginia Law Review

No abstract provided.


Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid Apr 2017

Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid

West Virginia Law Review

In an era of diminishing privacy, the Internet of Things ("loT") has become a consensual and inadvertent tool that undermines privacy protection. The loT, really systems of networks connected to each other by the Internet or other radio-type device, creates consensual mass self-surveillance in such domains as fitness and the Fitbit, health care and heart monitors, "smart" houses and cars, and even "smart" cities. The multiple networks also have created a degree of interconnectivity that has opened up a fire hose of information for companies and governments alike, as well as making it virtually insuperable to live "off the grid ...


Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy Sep 2016

Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy

West Virginia Law Review

No abstract provided.


Professional Speech And The First Amendment, Rodney A. Smolla Sep 2016

Professional Speech And The First Amendment, Rodney A. Smolla

West Virginia Law Review

No abstract provided.


Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang Apr 2016

Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang

West Virginia Law Review

No abstract provided.


Homer Plessy's Forgotten Plea For Inclusion: Seeing Color, Erasing Color-Lines, Sheldon Novick Apr 2016

Homer Plessy's Forgotten Plea For Inclusion: Seeing Color, Erasing Color-Lines, Sheldon Novick

West Virginia Law Review

No abstract provided.


Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark Dec 2015

Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark

West Virginia Law Review

No abstract provided.


Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho Dec 2015

Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho

West Virginia Law Review

No abstract provided.


The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud Sep 2015

The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud

West Virginia Law Review

No abstract provided.


Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith Apr 2015

Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith

West Virginia Law Review

No abstract provided.


Compelled Commercial Speech, Robert Post Apr 2015

Compelled Commercial Speech, Robert Post

West Virginia Law Review

No abstract provided.


Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey Dec 2014

Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey

West Virginia Law Review

No abstract provided.


Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker Dec 2014

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.