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West Virginia Law Review

1987

Constitutional law

Articles 1 - 6 of 6

Full-Text Articles in Law

A Case Of Treasonous Interpretation, W. T. Brotherton Jr. Sep 1987

A Case Of Treasonous Interpretation, W. T. Brotherton Jr.

West Virginia Law Review

No abstract provided.


The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott Sep 1987

The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott

West Virginia Law Review

No abstract provided.


Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol Sep 1987

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

West Virginia Law Review

Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …


The Role Of Original Intent In Reading A Two Hundred Year Old Constitution, Darrell V. Mcgraw Jr., Elizabeth L. Crittenden Sep 1987

The Role Of Original Intent In Reading A Two Hundred Year Old Constitution, Darrell V. Mcgraw Jr., Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.


The New Federalism In West Virginia, Thomas B. Miller Sep 1987

The New Federalism In West Virginia, Thomas B. Miller

West Virginia Law Review

No abstract provided.


In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin Sep 1987

In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin

West Virginia Law Review

The bicentennial of any constitution is surely an invitation to much sententious rhetoric. But the bicentennial of THE Constitution, The American Constitution of 1787, is an occasion for oratorical pyrotechnics of the first magnitude. So I shall make my brief tribute to note the importance of the Constitution as symbol - symbol of our national resolve to be a good society. Constitutions, in general, have two distinct functions: (1) As the outward sign and symbol of a society's fundamental commitment to social values and (2) perhaps more mundanely, as the framework for a political order. Our Constitution of 1787 (or …