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Full-Text Articles in Law

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie Apr 2023

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie

West Virginia Law Review

No abstract provided.


Homeless Residency Restrictions, Ben A. Mcjunkin Mar 2023

Homeless Residency Restrictions, Ben A. Mcjunkin

West Virginia Law Review

Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …


Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey Sep 2020

Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey

West Virginia Law Review

No abstract provided.


Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D. Apr 2020

Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.

West Virginia Law Review

No abstract provided.


Home Rule In West Virginia, Robert M. Bastress Jr. Apr 2020

Home Rule In West Virginia, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy Sep 2019

Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy

West Virginia Law Review

No abstract provided.


Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper Apr 2019

Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper

West Virginia Law Review

No abstract provided.


Murray Energy Corporation V. Mccarthy, Sarah M. Danno Feb 2017

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project Mar 2014

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides


Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine May 2011

Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming

15 slides


Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap Nov 2010

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides


Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer Nov 2010

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).


Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori Oct 2010

Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus

37 slides


Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell Jun 2009

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides


Localism And The West Virginia Constitution, Robert M. Bastress Jr. Apr 2007

Localism And The West Virginia Constitution, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella Sep 2006

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.


Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr. Sep 2005

Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr. Sep 2004

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend Jan 2004

Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend

West Virginia Law Review

No abstract provided.


Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman Dec 2000

Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman

West Virginia Law Review

No abstract provided.


Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham Sep 2000

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham

West Virginia Law Review

No abstract provided.


Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley Jun 1997

Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.


West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen Jan 1997

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

Journal Articles

We are all familiar with the cliche "if it ain't broke, don't fix it." The sentiment is as applicable to law as it is to the rest of life. When a law does what it is intended to do, legislators and courts should leave it alone. However, when a law no longer serves its intended purpose, it is "broke," and should be revised. The question is whether West Virginia's corporate law is "broke." In 1974, the West Virginia Legislature adopted the West Virginia Corporation Act (the "Act").' The Act brought then modem standards of corporate law to West Virginia. Since …


Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear Jun 1996

Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

31 pages.


Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen Apr 1995

Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen

West Virginia Law Review

No abstract provided.


Opportunities For Innovation: State Strategies For Groundwater Protection, Larry Morandi Jun 1992

Opportunities For Innovation: State Strategies For Groundwater Protection, Larry Morandi

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

8 pages.

Contains references.


Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland Jun 1992

Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland

West Virginia Law Review

No abstract provided.


Federal Prosecution Of State And Local Public Officials: The Obstacles To Punishing Breaches Of The Public Trust And A Proposal For Reform, Part One, Michael W. Carey, Larry R. Ellis, Joseph F. Savage Jr. Jan 1992

Federal Prosecution Of State And Local Public Officials: The Obstacles To Punishing Breaches Of The Public Trust And A Proposal For Reform, Part One, Michael W. Carey, Larry R. Ellis, Joseph F. Savage Jr.

West Virginia Law Review

No abstract provided.


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.


Elected Officials, Frank Venezia Jan 1986

Elected Officials, Frank Venezia

West Virginia Law Review

No abstract provided.