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Articles 1 - 30 of 43
Full-Text Articles in Law
The Law Of Medical Malpractice In West Virginia, Michael J. Farrell
The Law Of Medical Malpractice In West Virginia, Michael J. Farrell
West Virginia Law Review
The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …
A Reappraisal Of The Branch Banking Prohibition In West Virginia, Kurt E. Entsminger
A Reappraisal Of The Branch Banking Prohibition In West Virginia, Kurt E. Entsminger
West Virginia Law Review
No abstract provided.
Book Review: The Brethern, By Bob Woodward And Scott Armstrong, Gene R. Nichol Jr.
Book Review: The Brethern, By Bob Woodward And Scott Armstrong, Gene R. Nichol Jr.
West Virginia Law Review
No abstract provided.
The Creation Of Joint Tenancies--Common Law Technicalities Vs. The Grantor's Intent, Ellen Carle Lilly
The Creation Of Joint Tenancies--Common Law Technicalities Vs. The Grantor's Intent, Ellen Carle Lilly
West Virginia Law Review
Can the owner of a piece of real property in West Virginia create a joint tenancy in himself and another by making a direct conveyance if the requisite intent to create a joint tenancy with right of survivorship is expressed? Or does a tenancy in common result due to the lack of the unities of time and title? The general rule is that except in the situation where the parties to the conveyance are husband and wife, a direct conveyance from one to himself and another as joint tenants results in a tenancy in common despite the express contrary intent …
Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock
Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock
West Virginia Law Review
No abstract provided.
Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien
Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien
West Virginia Law Review
No abstract provided.
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
West Virginia Law Review
No abstract provided.
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
West Virginia Law Review
No abstract provided.
Legal Representation Of The Mentally Ill, James R. Elkins
Legal Representation Of The Mentally Ill, James R. Elkins
West Virginia Law Review
The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …
Commentary--Funding The Federal Judiciary, John M. Slack
Commentary--Funding The Federal Judiciary, John M. Slack
West Virginia Law Review
No abstract provided.
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
West Virginia Law Review
No abstract provided.
Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.
Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.
West Virginia Law Review
No abstract provided.
Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe
Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe
West Virginia Law Review
No abstract provided.
Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress
Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress
West Virginia Law Review
No abstract provided.
Attorney's Liabilities Under Erisa, David L. Campbell
Attorney's Liabilities Under Erisa, David L. Campbell
West Virginia Law Review
No abstract provided.
The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow
The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow
West Virginia Law Review
No abstract provided.
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
West Virginia Law Review
No abstract provided.
Editor's Page, Jdl
Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld
Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld
West Virginia Law Review
No abstract provided.
The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage
The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage
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
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.
The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley
West Virginia Law Review
No abstract provided.
A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters
A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters
West Virginia Law Review
No abstract provided.
Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett
Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett
West Virginia Law Review
Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …
Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin
Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin
West Virginia Law Review
No abstract provided.
Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young
Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young
West Virginia Law Review
No abstract provided.
Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot
Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot
West Virginia Law Review
No abstract provided.
The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall
The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall
West Virginia Law Review
No abstract provided.
Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald
Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald
West Virginia Law Review
Age discrimination occurs in numerous forms but is rarely overt and unconcealed. The elderly often suffer discrimination in employment without the appearance of blatant violations on the part of the employer. For the most part, the aggrieved party must look to the total surrounding circumstances in order to determine if some form of discrimination has taken place. It is therefore important that the attorney become sensitive to the intricacies of the law of age discrimination in employment in order to protect the rights of his clients. This Note is written in the hope of providing the attorney with the practical …
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
West Virginia Law Review
In an earlier era trial courts perceived their responsibility regarding the quality of legal assistance to be limited to the appointment of reputable counsel. Unless the circumstances were exceptional, judges confronted with a lack of adequate representation for a defendant "papered over" the problem either because they feared a flood of frivolous claims or because they were reluctant to upset the finality of criminal convictions. Even today, when a growing number of courts have formulated a more stringent sixth amendment standard for judging counsel effectiveness, there remains a judicial reluctance to recognize the fundamental nature of the right to effective …