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Full-Text Articles in Law

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan Sep 1977

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan

West Virginia Law Review

Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown Sep 1977

A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown

West Virginia Law Review

No abstract provided.


Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck Sep 1977

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.


School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow Sep 1977

School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow

West Virginia Law Review

No abstract provided.


Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant Jun 1977

Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant

West Virginia Law Review

No abstract provided.


Editor's Page, Lloyd G. Jackson Ii Jun 1977

Editor's Page, Lloyd G. Jackson Ii

West Virginia Law Review

No abstract provided.


The Edward G. Donley Memorial Lecture: Non-Victim Crime And The Regulation Of Prostitution, John Kaplan Jun 1977

The Edward G. Donley Memorial Lecture: Non-Victim Crime And The Regulation Of Prostitution, John Kaplan

West Virginia Law Review

No abstract provided.


Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans Jun 1977

Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans

West Virginia Law Review

No abstract provided.


Rights And Responsibilities In Administrative Rule Making In West Virginia, Alfred S. Neely Iv Jun 1977

Rights And Responsibilities In Administrative Rule Making In West Virginia, Alfred S. Neely Iv

West Virginia Law Review

No abstract provided.


Civil Procedure--Jurisdiction--The West Virginia Long-Arm Statute, John A. Rollins Apr 1977

Civil Procedure--Jurisdiction--The West Virginia Long-Arm Statute, John A. Rollins

West Virginia Law Review

In 1957 the West Virginia legislature enacted a statute which provides that in certain instances foreign corporations would be deemed to be doing business in this state for the purpose of service of process. In enacting this "long-arm" statute, West Virginia joined many other states in taking advantage of the United States Supreme Court's decisions that expanded the extent to which states could exercise personal jurisdiction over nonresidents within the limits of due process. However, upon comparing the jurisdiction afforded by the West Virginia statute to that exercised under other long-arm statutes, it becomes apparent that this state has taken …


Civil Rights--Employment Rights Of The Physically Handicapped, Denver C. Offutt Jr. Apr 1977

Civil Rights--Employment Rights Of The Physically Handicapped, Denver C. Offutt Jr.

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


Copyright--Originality--Confusing The Standards For Granting Copyrights And Patents, Jo Walton Eaton Apr 1977

Copyright--Originality--Confusing The Standards For Granting Copyrights And Patents, Jo Walton Eaton

West Virginia Law Review

No abstract provided.


Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller Apr 1977

Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller

West Virginia Law Review

No abstract provided.


Legal Ethics And The Prosecuting Attorney, John O. Kizer Apr 1977

Legal Ethics And The Prosecuting Attorney, John O. Kizer

West Virginia Law Review

No abstract provided.


United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley Mar 1977

United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


Criminal Procedure--Right Of Cross-Examination--Sexual Assault Statute, Priscilla L. Swalm Jan 1977

Criminal Procedure--Right Of Cross-Examination--Sexual Assault Statute, Priscilla L. Swalm

West Virginia Law Review

No abstract provided.


Judicial Reform In West Virginia: The Magistrate Court System, John C. Purbaugh, Robert A. Burnside Jr. Jan 1977

Judicial Reform In West Virginia: The Magistrate Court System, John C. Purbaugh, Robert A. Burnside Jr.

West Virginia Law Review

With the passage, on November 5, 1974, of the Judicial Reorganization Amendment to the West Virginia Constitution, a new era of judicial administration began for West Virginia. Central to this new judicial article was the unification of the lower state courts under the general supervision of the Supreme Court of Appeals of West Virginia. The Amendment mandated the establishment of a magistrate court system, replacing the system of justice of the peace (J.P.) courts used in the Virginias since 1661. This article will examine and evaluate the legislative implementation of the magistrate courts system, discuss differences between the J.P. system …


The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan Jan 1977

The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan

West Virginia Law Review

No abstract provided.


Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson Jan 1977

Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson

West Virginia Law Review

No abstract provided.


Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb Jan 1977

Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb

West Virginia Law Review

No abstract provided.