Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 61 - 77 of 77

Full-Text Articles in Law

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 …


Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking Jun 1985

Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking

West Virginia Law Review

No abstract provided.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias Dec 1980

Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias

West Virginia Law Review

In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …


The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell Dec 1980

The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell

West Virginia Law Review

No abstract provided.


Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen Jun 1979

Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen

West Virginia Law Review

No abstract provided.


Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield Sep 1978

Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield

West Virginia Law Review

No abstract provided.


Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr. Jun 1965

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Frank Cuomo Jr. Apr 1965

Abstracts Of Recent Cases, Frank Cuomo Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, J. L. R. Jun 1958

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, J. E. J. Feb 1958

Abstracts Of Recent Cases, J. E. J.

West Virginia Law Review

No abstract provided.


Construction Workers In Interstate Transportation, H. L. S. Iii Jun 1949

Construction Workers In Interstate Transportation, H. L. S. Iii

West Virginia Law Review

No abstract provided.