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West Virginia Law Review

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Full-Text Articles in Law

In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams Jan 2023

In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams

West Virginia Law Review

No abstract provided.


Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann Jan 2023

Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann

West Virginia Law Review

Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may believe that such atrocities only occurred in the past, this belief is unfounded. This Note examines the structural racism that supports Federal Indian Law through treaties with Native nations, racist Supreme Court Indian law opinions, and legislation that allowed the seizure of Native land. The lasting legacy of this structural racism is explored through recent …


A First Step Back In Time?, Blake Jacobs Jan 2023

A First Step Back In Time?, Blake Jacobs

West Virginia Law Review

This Note discusses the implications of the United States Supreme Court’s holding in Concepcion v. United States, which left open whether district courts must reanalyze the 18 U.S.C.A. § 3553(a) factors when ruling on a motion to reduce a defendant’s sentence under the First Step Act. The decision settled a dispute between the First, Fifth, Ninth, and Eleventh Circuits, which did not require sentencing courts to consider intervening factual or legal developments; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits which did. However, the Supreme Court’s decision only obligates a district court to consider intervening …


What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright Jan 2023

What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright

West Virginia Law Review

Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.

Although enacting a comprehensive data privacy law …


Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder Jan 2023

Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder

West Virginia Law Review

In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However, since Boumediene v. Bush was decided in 2008, there are several reasons not to despair Zadvydas’s demise

.

For one, Zadvydas spoke to an extremely narrow subset of cases. It granted a concession under the Due Process Clause to immigrants detained beyond the statutory 90-day removal period. It …


Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov Jan 2023

Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov

West Virginia Law Review

Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …


God, Guns, And Hair Salons: Public Perceptions Of Rights And Liberties During The Covid-19 Pandemic, Jessica R. Graham, Kyle J. Morgan Jan 2023

God, Guns, And Hair Salons: Public Perceptions Of Rights And Liberties During The Covid-19 Pandemic, Jessica R. Graham, Kyle J. Morgan

West Virginia Law Review

In response to the COVID-19 pandemic, elected officials across the United States took efforts to slow the spread of the virus. Some of these efforts raised constitutional questions about the ability of the government to curtail rights during a crisis. This project makes use of an original dataset—letters to the editor submitted to 33 of the nation’s largest newspapers during the early months of the pandemic—to analyze public attitudes about these restrictions. Like much of the previous work regarding attitudes towards rights and liberties during a crisis, we find that these concerns are not front of mind to the public. …


Food, Freedom, Fairness, And The Family Farm, Robin Rotman, Sophie Mendelson Jan 2023

Food, Freedom, Fairness, And The Family Farm, Robin Rotman, Sophie Mendelson

West Virginia Law Review

The concept of the “family farm” holds powerful sway within the American narrative, embodying both nostalgia for an imagined past and anxiety for a future perceived to be under threat. Since the founding of the United States, this cultural ideal has been invoked in support of a rosy vision of agrarian democracy while obscuring the ways in which the U.S. Department of Agriculture’s codified definition of “family farm” has unfairly aggregated advantages for the benefit of a particular kind of family (nuclear) and farmer (white, male, straight). At the same time, consumers are misled by an under-interrogated conflation of family …


Table Of Contents Jan 2023

Table Of Contents

West Virginia Law Review

No abstract provided.


Front Matter Jan 2023

Front Matter

West Virginia Law Review

No abstract provided.


Masthead Volume 125, Issue 1 Jan 2023

Masthead Volume 125, Issue 1

West Virginia Law Review

No abstract provided.


Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake Oct 2022

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

West Virginia Law Review

No abstract provided.


The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox Oct 2022

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox

West Virginia Law Review

No abstract provided.


Medicaid Expansion Expectations, Deborah R. Farringer Oct 2022

Medicaid Expansion Expectations, Deborah R. Farringer

West Virginia Law Review

No abstract provided.


Financing Rural Health Care, Isaac D. Buck Oct 2022

Financing Rural Health Care, Isaac D. Buck

West Virginia Law Review

No abstract provided.


International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel Oct 2022

International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel

West Virginia Law Review

No abstract provided.


An Immigration Solution For Improving Rural Healthcare, Kit Johnson Oct 2022

An Immigration Solution For Improving Rural Healthcare, Kit Johnson

West Virginia Law Review

No abstract provided.


Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo Oct 2022

Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo

West Virginia Law Review

No abstract provided.


Healthcare Education Leaves The Hills: Frontier Nursing University's Move From Appalachia, Hannah Haksgaard Oct 2022

Healthcare Education Leaves The Hills: Frontier Nursing University's Move From Appalachia, Hannah Haksgaard

West Virginia Law Review

No abstract provided.


Table Of Contents Oct 2022

Table Of Contents

West Virginia Law Review

No abstract provided.


Front Matter Oct 2022

Front Matter

West Virginia Law Review

No abstract provided.


Masthead Volume 124, Issue 3 Oct 2022

Masthead Volume 124, Issue 3

West Virginia Law Review

No abstract provided.


Putting Together The Pieces: The Mosaic Theory And Fourth Amendment Jurisprudence Since Carpenter, Ben Vanston May 2022

Putting Together The Pieces: The Mosaic Theory And Fourth Amendment Jurisprudence Since Carpenter, Ben Vanston

West Virginia Law Review

No abstract provided.


Broadband In The Mountain State: Connectivity Linked To Local Options, Denali S. Hendrick May 2022

Broadband In The Mountain State: Connectivity Linked To Local Options, Denali S. Hendrick

West Virginia Law Review

No abstract provided.


Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows May 2022

Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows

West Virginia Law Review

No abstract provided.


The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare May 2022

The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare

West Virginia Law Review

No abstract provided.


In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble May 2022

In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble

West Virginia Law Review

Public school advocates in West Virginia have long voiced sharp criticism over the state's funding of education-and justifiably so. Although more than one in four West Virginia children live in poverty, the state's school funding formula does not account for the increased costs associated with educating low-socioeconomic status ("SES") students. As a result, low-SES students are not receiving a constitutionally adequate and equitable education, by the state's own standards.

Now, in the wake of COVID-19, with mounting costs and challenges, allegations of "inadequacy" and "inequity" abound. Ifpast is prologue, districts that serve high concentrations of low-SES students will be the …


Warrant Nullification, L. Joe Dunman May 2022

Warrant Nullification, L. Joe Dunman

West Virginia Law Review

Police officers execute thousands of search warrants in the United States every year, often looking for drugs in people's homes. Many search warrants are executed by militarized "dynamic entry" teams who violently conduct raids late at night with little or no warning, guns drawn. These raids have killed and injured hundreds of people nationwide-not just suspects but also officers and bystanders. Protests erupt in response, the community divides, and trust in institutions crumbles.

Legislative and executive policy can reduce the violence of search warrant executions, but could there also be a judicial option? This Article explores one such option: nullification. …


Paper Of Record: Modernizing Ownership Disclosures For U.S. Patents, Jonathan Stroud, Levi Lall May 2022

Paper Of Record: Modernizing Ownership Disclosures For U.S. Patents, Jonathan Stroud, Levi Lall

West Virginia Law Review

No abstract provided.


Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna May 2022

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.