Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan Sep 2010

The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan

West Virginia Law Review

No abstract provided.


Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson Sep 2010

Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson

West Virginia Law Review

No abstract provided.


Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley Sep 2010

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley

West Virginia Law Review

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …


A Tie That Binds: Forum Selection Clause Enforceability In West Virginia, J. Zac Ritchie Sep 2010

A Tie That Binds: Forum Selection Clause Enforceability In West Virginia, J. Zac Ritchie

West Virginia Law Review

No abstract provided.


Take Me Home To Conley V. Gibson, Country Roads: An Analysis Of The Effect Of Bell Atlantic Corp. V. Twombly And Ashcroft V. Iqbal On West Virginia's Pleading Doctrine, Devon J. Stewart Sep 2010

Take Me Home To Conley V. Gibson, Country Roads: An Analysis Of The Effect Of Bell Atlantic Corp. V. Twombly And Ashcroft V. Iqbal On West Virginia's Pleading Doctrine, Devon J. Stewart

West Virginia Law Review

No abstract provided.


Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen Sep 2010

Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen

West Virginia Law Review

No abstract provided.


Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks Sep 2010

Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks

West Virginia Law Review

No abstract provided.


The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel Sep 2010

The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel

West Virginia Law Review

No abstract provided.


Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew Sep 2010

Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew

West Virginia Law Review

No abstract provided.


Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney Sep 2010

Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney

West Virginia Law Review

No abstract provided.


Rural Property Law, Alan Romero Apr 2010

Rural Property Law, Alan Romero

West Virginia Law Review

No abstract provided.


Race, American Law And The State Of Nature, George A. Martinez Apr 2010

Race, American Law And The State Of Nature, George A. Martinez

West Virginia Law Review

This Article advances a new theoretical framework to help explain and understand race and American law. In particular, the Article argues that we can employ a philosophical model to attempt to understand what often occurs when the dominant group deals with persons of color. The Article contends that when the dominant group acts with great power or lack of constraint, it often acts as though it were in what political philosophers have called the state of nature. Thus, the Article argues that there is a tendency for the dominant group to act as though it were in the state of …


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Apr 2010

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

West Virginia Law Review

No abstract provided.


How Great Is America's Tolerance For Judicial Bias - An Inquiry Into The Supreme Court's Decisions In Caperton And Citizens United, Their Implications For Judicial Elections, And Their Effect On The Rule Of Law In The United States, Norman L. Green Apr 2010

How Great Is America's Tolerance For Judicial Bias - An Inquiry Into The Supreme Court's Decisions In Caperton And Citizens United, Their Implications For Judicial Elections, And Their Effect On The Rule Of Law In The United States, Norman L. Green

West Virginia Law Review

No abstract provided.


Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski Apr 2010

Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski

West Virginia Law Review

No abstract provided.


From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon M. Stump Apr 2010

From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon M. Stump

West Virginia Law Review

No abstract provided.


A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii Apr 2010

A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer Apr 2010

Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer

West Virginia Law Review

No abstract provided.


The Key To Closing The Tax Gap: Understanding, Susan Striz Apr 2010

The Key To Closing The Tax Gap: Understanding, Susan Striz

West Virginia Law Review

No abstract provided.


Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano Apr 2010

Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano

West Virginia Law Review

No abstract provided.


An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston Apr 2010

An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston

West Virginia Law Review

No abstract provided.


Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso Jan 2010

Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso

West Virginia Law Review

No abstract provided.


Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young Jan 2010

Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young

West Virginia Law Review

No abstract provided.


From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young Jan 2010

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young

West Virginia Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury Jan 2010

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher Jan 2010

Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher

West Virginia Law Review

No abstract provided.


Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass Jan 2010

Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass

West Virginia Law Review

No abstract provided.


The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom Jan 2010

The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom

West Virginia Law Review

No abstract provided.


Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik Jan 2010

Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik

West Virginia Law Review

No abstract provided.