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Constitutional Law

West Virginia Law Review

1987

Federal government

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The New Federalism In West Virginia, Thomas B. Miller Sep 1987

The New Federalism In West Virginia, Thomas B. Miller

West Virginia Law Review

No abstract provided.


Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol Sep 1987

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

West Virginia Law Review

Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …