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Articles 1 - 6 of 6
Full-Text Articles in Law
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
West Virginia Law Review
No abstract provided.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
West Virginia Law Review
In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
West Virginia Law Review
No abstract provided.
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
West Virginia Law Review
No abstract provided.