Law Commons^™

Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna

West Virginia Law Review

Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature.

When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan

West Virginia Law Review

No abstract provided.

Table Of Contents

West Virginia Law Review

No abstract provided.

Front Matter

West Virginia Law Review

No abstract provided.

Masthead Volume 124, Issue 2

West Virginia Law Review

No abstract provided.

Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake

West Virginia Law Review

No abstract provided.

West Virginia Law Scholar, Spring 2022, Wvu College Of Law Library

West Virginia Law Scholar

No abstract provided.

Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.

Admissions To The Bar

West Virginia Law Review

No abstract provided.

Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson

Law Faculty Scholarship

No abstract provided.

Enemies, Allies, And Opportunities: The Politics Of Noblewomen’S Lawsuits In Early Modern Piedmont, Catherine Ferrari

Graduate Theses, Dissertations, and Problem Reports

This dissertation considers early modern law courts as political venues in which noble families not only asserted claims to wealth, property, and inheritance but also sought to enhance their reputation and influence. By studying the archives of elite families in Piedmont from the mid-sixteenth to the mid-seventeenth centuries, I argue that noblewomen used the law to gain a political voice, defending their legal claims against other family members in highly visible conflicts in which not only their property but their standing at the court of the duke of Savoy was at stake. These women exploited legal procedures and drew on …

Alex Lyon & Son, Sales Managers & Auctioneers V. Leach: Auction Contracts, Bidder Qualifications, Offer And Acceptance, Waiver, And The Fallacy Of Treating All Bidders The Same, George A. Michak

West Virginia Law Review Online

In Alex Lyon & Son, Sales Managers & Auctioneers v. Leach, 844 S.E.2d 120 (W. Va. 2020), the Supreme Court of Appeals of West Virginia grappled with the contractual relationships among participants in an auction transaction and rendered an opinion that (i) misstates and misaligns the rights and obligations among auctioneers, sellers, bidders, and buyers, (ii) impedes the ability of an auctioneer to reasonably control the conduct of an auction, and (iii) threatens to artificially circumscribe the prerogative of sellers and auctioneers to assume greater risks relative to certain bidders in an effort to expand the bidder pool in …

2020-2021 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.

A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert

Law Faculty Scholarship

Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …

Separate But Free, Joshua E. Weishart

Law Faculty Scholarship

“Separate but equal” legally sanctioned segregation in public schools until Brown. Ever since, separate but free has been the prevailing dogma excusing segregation. From “freedom of choice” plans that facilitated massive resistance to desegregation to current school choice plans exacerbating racial, socioeconomic, and disability segregation, proponents have venerated parental freedom as the overriding principle.

This Article contends that, in the field of public education, the dogma of separate but free has no place; separate is inherently unfree. As this Article uniquely clarifies, segregation deprives schoolchildren of freedom to become equal citizens and freedom to learn in democratic, integrated, …

West Virginia Law Scholar, Fall 2021, Wvu College Of Law Library

West Virginia Law Scholar

No abstract provided.

The Trial Preparation Procedures–Criminal, William Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the criminal trial advocate, this article proposes a detailed systems workflow to plan and coordinate preparing for federal criminal trials called the Trial Preparation Procedures–Criminal (or "TrialPrepPro–Criminal" for short). The TrialPrepPro–Criminal upon the Trial Preparation Procedures-Civil, expounded in an earlier article.

Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro are modeled after the battle-proven military decision-making process used, with modifications, by all U.S. military services, …

Data Privacy Issues In West Virginia: An Overview, Jena Martin

West Virginia Law Review Online

This essay is about data privacy in West Virginia. However, many of the issues that affect West Virginians also affect people around the country and the world. As such, it’s also an essay about the state of data privacy today and the current challenges that affect people nationally and globally. Part one provides a general overview of the current issues involving data privacy. Part two discusses the current legislative framework and the larger gaps in data privacy law. Part three summarizes the key takeaways based on responses to a survey and focus groups sessions conducted in West Virginia in 2019. …

Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson

West Virginia Law Review

No abstract provided.

An Osm For Iot: Establishing An Office Of Special Masters To Resolve Certain Cases Involving The Internet Of Things, Abigail Perdue, Bethany Corbin

West Virginia Law Review

No abstract provided.

Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin

West Virginia Law Review

The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …

Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod

West Virginia Law Review

No abstract provided.

Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle

West Virginia Law Review

The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …

Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson

West Virginia Law Review

No abstract provided.

Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck

West Virginia Law Review

Despite its natural resource wealth, West Virginia today ranks last among all states in its residents’ overall sense of well-being, a puzzle that economists call “the resource curse.” Much of West Virginia’s wealth, in the form of coal, oil, and gas, left the state in the late nineteenth and early twentieth centuries before the state could tax it. This discouraging story was not inevitable. In 1905, a Morgantown lawyer named George C. Baker led an effort to tax coal, oil, and gas leases as personal property that nearly succeeded. Baker and his allies, Governor William M.O. Dawson and Tax Commissioner …

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward

West Virginia Law Review

When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …

The Founders' Multi-Purpose Chief Justice: The English Origins Of The American Chief Justiceship, Justin W. Aimonetti, Jackson A. Myers

West Virginia Law Review

During the founding era, the American Chief Justice was nearly unrecognizable to modern eyes. Rather than a purely judicial officer, the Chief Justice was a multi-purpose minister, serving as a judge, an administrator, a diplomat, and an advisor. He was what we call the “multi-purpose Chief Justice.” The multi-purpose Chief Justice of the Early Republic originated with the ancient English office of the Lord Chief Justice. English judges historically served as multi-purpose ministers to the king, engaging in administrative and even political tasks. This was especially true for the Lord Chief Justice. Even as other English judges settled into more …

Characteristics Of Patent Examiners Who Issue Litigated / Invalidated Patents, S. Sean Tu

Law Faculty Scholarship

No abstract provided.

The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake

Law Faculty Scholarship

No abstract provided.

Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin

Consumer Law Scholarship

This white paper was commissioned by the Center for Consumer Law and Education, a joint initiative launched by West Virginia University and Marshall University to “coordinate the development of consumer law, policy, and education research to support and serve consumers.”

As such, this paper has a dual purpose. First, it provides a comprehensive overview of the many different legal issues that affect data privacy concerns (both nationally and in West Virginia). Second, it documents and discusses the result of a survey and specific focus groups that were undertaken throughout the fall of 2019 into January 2020 where individuals within the …