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Articles 1 - 30 of 115
Full-Text Articles in Law
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
West Virginia Law Review
Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …
God, Guns, And Hair Salons: Public Perceptions Of Rights And Liberties During The Covid-19 Pandemic, Jessica R. Graham, Kyle J. Morgan
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. …
Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake
Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake
West Virginia Law Review
No abstract provided.
Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell
Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell
West Virginia Law Review
Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work has emerged in recent years to test for bias in machine learning and AI systems using various fairness and bias metrics. Often these fairness metrics address technical bias, but not the underlying cause of inequality: social bias. In this Article we make three contributions. First, we assess the compatibility of fairness metrics …
Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald
Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald
West Virginia Law Review
No abstract provided.
Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger
Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger
West Virginia Law Review
No abstract provided.
North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin
North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin
West Virginia Law Review
No abstract provided.
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
West Virginia Law Review
No abstract provided.
Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott
Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott
West Virginia Law Review
This Essay explores the two-sided challenge of geographic discrimination, where U.S. citizens receive disparate treatment from other citizens or the government solely because of where they live or self-identify as home, through the interdisciplinary concepts of space, place, and distance; and an original examination of discrimination against Appalachians. Such disparate treatment is unavoidable and even arguably politically correct. Where we call home matters in a number of legitimate ways to include our access to jobs and services, culture, educational opportunities, and other basic human capabilities. Although technology has increased individual mobility more than ever before, a majority of Americans nevertheless …
Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan
Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan
West Virginia Law Review
No abstract provided.
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
West Virginia Law Review
No abstract provided.
Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto
Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto
West Virginia Law Review
No abstract provided.
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud
West Virginia Law Review
No abstract provided.
World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides
World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides
West Virginia Law Review
No abstract provided.
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
West Virginia Law Review
No abstract provided.
Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman
Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman
West Virginia Law Review
No abstract provided.
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
West Virginia Law Review
No abstract provided.
Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson
Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson
West Virginia Law Review
No abstract provided.
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
West Virginia Law Review
No abstract provided.
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
West Virginia Law Review
No abstract provided.
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
West Virginia Law Review
No abstract provided.
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
The Ghosts Of White Supremacy: Trayvon Martin, Michael Brown, And The Spectors Of Black Criminality, Nick J. Sciullo
The Ghosts Of White Supremacy: Trayvon Martin, Michael Brown, And The Spectors Of Black Criminality, Nick J. Sciullo
West Virginia Law Review
No abstract provided.
Projecting Diversity: The Methods, Results, Assumptions And Limitations Fo The U.S. Census Bureau's Population Projections, Howard Hogan, Jennifer M. Ortman, Sandra L. Colby
Projecting Diversity: The Methods, Results, Assumptions And Limitations Fo The U.S. Census Bureau's Population Projections, Howard Hogan, Jennifer M. Ortman, Sandra L. Colby
West Virginia Law Review
No abstract provided.
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
West Virginia Law Review
No abstract provided.
Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard
Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard
West Virginia Law Review
No abstract provided.
Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis
Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis
West Virginia Law Review
No abstract provided.
The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
West Virginia Law Review
No abstract provided.
Martin V. Malcolm: Democracy, Nonviolence, Manhood, John M. Kang
Martin V. Malcolm: Democracy, Nonviolence, Manhood, John M. Kang
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.