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

Law Commons

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

Series

Faculty Scholarship

West Virginia University

Discipline
Keyword
Publication Year

Articles 1 - 15 of 15

Full-Text Articles in Law

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin Jul 2019

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty Scholarship

This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by ...


Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie Blake, Mark L. Hatzenbuehler Jun 2019

Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie Blake, Mark L. Hatzenbuehler

Faculty Scholarship

Stigma is an established driver of population-level health outcomes. Antidiscrimination laws can generate or alleviate stigma and, thus, are a critical component in the study of improving population health.


Currently, antidiscrimination laws are often underenforced and are sometimes conceptualized by courts and lawmakers in ways that are too narrow to fully reach all forms of stigma and all individuals who are stigmatized.


To remedy these limitations, we propose the creation of a new population-level surveillance system of antidiscrimination law and its enforcement, a central body to enforce antidiscrimination laws, as well as a collaborative research initiative to enhance the study ...


Withdrawing From Nafta, Alison Peck Mar 2019

Withdrawing From Nafta, Alison Peck

Faculty Scholarship

Since the 2016 campaign, Donald Trump has threatened to withdraw from NAFTA. Can he? The question is complex. For one thing, NAFTA is not a treaty negotiated under the Treaty Clause of the Constitution, but rather a congressional–executive agreement, a creature of dubious con- stitutionality and ill-defined withdrawal and termination parameters. This Article reviews the scope of those restrictions and concludes that unilateral presidential withdrawal from NAFTA, although not without support, is ultimately unlawful. On one hand, unilateral presidential withdrawal would be valid as a matter of international law, and the NAFTA Implementation Act appears to be designed to ...


The Rise Of The Creative Law School, Gregory W. Bowman Jan 2019

The Rise Of The Creative Law School, Gregory W. Bowman

Faculty Scholarship

No abstract provided.


International Law, Settlements And The Two-State Solution, James J. Friedberg Jan 2019

International Law, Settlements And The Two-State Solution, James J. Friedberg

Faculty Scholarship

No abstract provided.


Bigger And Better Patent Examiner Statistics, Shine Tu Jan 2018

Bigger And Better Patent Examiner Statistics, Shine Tu

Faculty Scholarship

The American government charges the United States Patent and Trademark Office (USPTO) with reading and reviewing patent applications to determine what new or improved inventions, machines, and processes qualify for patent protection. Each application is reviewed by a specific patent examiner who theoretically applies the standards of patentability in an even, fair, unbiased and consistent manner. This task requires the examiner to not only be internally consistent with the applications she reviews but also consistent with the behavior of other examiners within the same technology center. I have conducted two studies based on data from hundreds of thousands of patents ...


Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid Jan 2018

Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid

Faculty Scholarship

No abstract provided.


From Creativity To Classification: A Logical Approach To Patent Searching, Marian G. Armour-Gemmen Jun 2017

From Creativity To Classification: A Logical Approach To Patent Searching, Marian G. Armour-Gemmen

Faculty Scholarship

Engineering students and professors need to understand and search intellectual property. In the past, librarians have instructed them on using the United States Patent Classification (USPC). In 2015, after a period of transition, the United States Patent and Trademark Office phased out the USPC and began exclusively classifying in the Cooperative Patent Classification (CPC). This adoption presented librarians a challenge of instructing students and professors in the easiest and most effective patent search. By tying patent searching to an example and presenting classification in an understandable fashion using CPC in conjunction with USPC, this writer presents a logical directed search ...


Integration Of Information Literacy Skills To Mechanical Engineering Capstone Projects, Farshid Zabihian, Mary L. Strife, Marian G. Armour-Gemmen May 2015

Integration Of Information Literacy Skills To Mechanical Engineering Capstone Projects, Farshid Zabihian, Mary L. Strife, Marian G. Armour-Gemmen

Faculty Scholarship

Searching for information and using that information appropriately is an essential part of every engineering design project. It has been reported that design engineers spend about 30% of their time searching for information. Experience shows that even senior level students have not received proper training, either directly or indirectly, in information literacy (IL). They usually search for information intuitively. For mechanical and aerospace engineering students at West Virginia University Institute of Technology (WVU Tech), the Mechanical Engineering System Design I and II courses (MAE 480 and 481) are probably the last chance to teach students about IL. In this project ...


The 360° Of Information Fluency Delivery To Freshman Engineering Students, Marian G. Armour-Gemmen, Robin A.M. Hensel, Mary L. Strife Jun 2014

The 360° Of Information Fluency Delivery To Freshman Engineering Students, Marian G. Armour-Gemmen, Robin A.M. Hensel, Mary L. Strife

Faculty Scholarship

For three years, engineering librarians from West Virginia University (WVU) have been teaching information fluency skills to 700-1000 freshman engineering students per year, using a specific information fluency cycle. The librarians’ responsibilities in the Fall 2013 course syllabus included teaching once in each section, providing a two-hour, in-library group sessions to accommodate almost 700 students, delivering an intellectual property Blackboard™ module for students to complete over a specific period of time, and requiring students to complete a Plagiarism Avoidance Tutorial with quiz. Some of these components are similar to those of past semesters. However, past collection of the data was ...


Nuclear Weapons, Elephants, Israel And The World Court, James J. Friedberg Jan 2014

Nuclear Weapons, Elephants, Israel And The World Court, James J. Friedberg

Faculty Scholarship

No abstract provided.


Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg Jan 2005

Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg

Faculty Scholarship

No abstract provided.


Farmers And Ranchers, Roger A. Lohmann Feb 1993

Farmers And Ranchers, Roger A. Lohmann

Faculty Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.


The Convergence Of Law In An Era Of Political Integration: The Wood Pulp Case And The Alcoa Doctrine, James J. Friedberg Jan 1991

The Convergence Of Law In An Era Of Political Integration: The Wood Pulp Case And The Alcoa Doctrine, James J. Friedberg

Faculty Scholarship

No abstract provided.


Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber Jan 1985

Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber

Faculty Scholarship

No abstract provided.