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Full-Text Articles in Law

Table Of Contents Dec 2017

Table Of Contents

West Virginia Law Review

No abstract provided.


Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham Dec 2017

Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham

West Virginia Law Review

No abstract provided.


Masthead Volume 120, Issue 2 Dec 2017

Masthead Volume 120, Issue 2

West Virginia Law Review

No abstract provided.


Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar Dec 2017

Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar

West Virginia Law Review

No abstract provided.


Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula Dec 2017

Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula

West Virginia Law Review

No abstract provided.


What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales Dec 2017

What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales

West Virginia Law Review

No abstract provided.


Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump Dec 2017

Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump

West Virginia Law Review

No abstract provided.


Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen Dec 2017

Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen

West Virginia Law Review

No abstract provided.


Front Matter Dec 2017

Front Matter

West Virginia Law Review

No abstract provided.


Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal Dec 2017

Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal

West Virginia Law Review

The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …


Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan Dec 2017

Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan

West Virginia Law Review

No abstract provided.


"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder Dec 2017

"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder

West Virginia Law Review

No abstract provided.


Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko Sep 2017

Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko

West Virginia Law Review

No abstract provided.


Table Of Contents Sep 2017

Table Of Contents

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 Sep 2017

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.


Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith Sep 2017

Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith

West Virginia Law Review

No abstract provided.


Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella Sep 2017

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Front Matter Sep 2017

Front Matter

West Virginia Law Review

No abstract provided.


The History Of The West Virginia Code, Robert W. Kerns Jr. Sep 2017

The History Of The West Virginia Code, Robert W. Kerns Jr.

West Virginia Law Review

No abstract provided.


Masthead Volume 120, Issue 1 Sep 2017

Masthead Volume 120, Issue 1

West Virginia Law Review

No abstract provided.


Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher Sep 2017

Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher

West Virginia Law Review

No abstract provided.


Highway To Hell: The Privatized Prison Transportation Industry And The Long Road To Reform, Jaden P. Rhea Sep 2017

Highway To Hell: The Privatized Prison Transportation Industry And The Long Road To Reform, Jaden P. Rhea

West Virginia Law Review

No abstract provided.


Creating Single-Member House Districts In West Virginia, Charles R. Russell Sep 2017

Creating Single-Member House Districts In West Virginia, Charles R. Russell

West Virginia Law Review

No abstract provided.


Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona Sep 2017

Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona

West Virginia Law Review

No abstract provided.


Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso Apr 2017

Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer Apr 2017

Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer

West Virginia Law Review

No abstract provided.


Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne Apr 2017

Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne

West Virginia Law Review

No abstract provided.


Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid Apr 2017

Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid

West Virginia Law Review

In an era of diminishing privacy, the Internet of Things ("loT") has become a consensual and inadvertent tool that undermines privacy protection. The loT, really systems of networks connected to each other by the Internet or other radio-type device, creates consensual mass self-surveillance in such domains as fitness and the Fitbit, health care and heart monitors, "smart" houses and cars, and even "smart" cities. The multiple networks also have created a degree of interconnectivity that has opened up a fire hose of information for companies and governments alike, as well as making it virtually insuperable to live "off the grid" …


Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland Apr 2017

Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland

West Virginia Law Review

No abstract provided.


Lavabitten, Brian L. Owsley Apr 2017

Lavabitten, Brian L. Owsley

West Virginia Law Review

No abstract provided.