Digital Commons Network^™

Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …

Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.

When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso

Law Faculty Scholarship

Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.

Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder

West Virginia Law Review

In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However, since Boumediene v. Bush was decided in 2008, there are several reasons not to despair Zadvydas’s demise

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For one, Zadvydas spoke to an extremely narrow subset of cases. It granted a concession under the Due Process Clause to immigrants detained beyond the statutory 90-day removal period. It …

Dueling Textualisms Or Multimodal Analysis? Using Bostock To Show Why No One Is Really A Textualist, Anne Marie Lofaso

Law Faculty Scholarship

No abstract provided.

When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan

West Virginia Law Review

No abstract provided.

Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.

The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones

West Virginia Law Review

No abstract provided.

At What Is The Supreme Court Comparatively Advantaged?, R. George Wright

West Virginia Law Review

No abstract provided.

Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe

West Virginia Law Review

No abstract provided.

Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee

West Virginia Law Review

No abstract provided.

The Supreme Court Giveth And The Supreme Court Taketh Away: An Assessment Of Corporate Liability Under § 1350, Saad Gul

West Virginia Law Review

No abstract provided.