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Articles 1 - 30 of 36
Full-Text Articles in Law
Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso
Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Coal Mine Safety: A Call For Comparative Law And Interdisciplinary Studies, Anne M. Lofaso
Coal Mine Safety: A Call For Comparative Law And Interdisciplinary Studies, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
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
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
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
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
West Virginia Law Review
No abstract provided.
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
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
Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks
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
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
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
West Virginia Law Review
No abstract provided.
The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel
The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel
West Virginia Law Review
No abstract provided.
Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger
Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger
Law Faculty Scholarship
No abstract provided.
Leveling The Playing Field In Gmo Risk Assessment: Importers, Exporters, And The Limits Of Science, Alison Peck
Leveling The Playing Field In Gmo Risk Assessment: Importers, Exporters, And The Limits Of Science, Alison Peck
Law Faculty Scholarship
The WTO system requires that trade restrictions meant to protect health and safety be based on a risk assessment supported by “sufficient scientific evidence.” Scholars and international standards organizations have pointed out, however, that science is incapable of providing answers to questions of health and safety without incorporating the risk assessors’ value judgments and assumptions. Before GMO-importing countries conduct risk assessments, GMO-producing and exporting countries have already conducted their own risk assessments, which led to their decision to produce and market the products in the first place. Both the exporting and importing countries’ risk assessments employ science informed by the …
Conservation Easements And Adaptive Management, Jesse Richardson
Conservation Easements And Adaptive Management, Jesse Richardson
Law Faculty Scholarship
The perpetual nature of conservation easements makes adaptive management difficult on easement property. Various easement provisions may be used to incorporate adaptive management principles into a conservation easement, but various factors, including state statutory requirements and Internal Revenue Code requirements for deductibility, limit the flexibility of management on conservation easement lands. Jesse Richardson discusses how conservation easements limit implementation of adaptive management principles on protected lands. Case studies of conservation easements that now fail to fulfill the original conservation purpose, but are locked into perpetual conservation, illustrate the limitations of conservation easements. Richardson also discusses likely future conflicts between conservation …
Rural Property Law, Alan Romero
Race, American Law And The State Of Nature, George A. Martinez
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
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
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
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.
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
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
The Key To Closing The Tax Gap: Understanding, Susan Striz
West Virginia Law Review
No abstract provided.
Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski
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
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
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.
A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii
A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Did Congress Authorize The Nlrb To Decide Cases With Only Two Sitting Board Members, Where The Nlra’S Statutory Language Provides For A Three-Member Board Quorum?, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
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.
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.
Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young
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.