Law Commons^™

What’S Good For The Goose Is Good For The Gander, Or Is It? The Pitfalls Of Using The Court’S Neoliberal Construction Of The First Amendment To Protect Secondary Picketing, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Criminal Law--Production Of Government Records--Confidential Character, R. G. P.

West Virginia Law Review

No abstract provided.

Insurance--Liability Of Insurer For Unauthorized Act Of Soliciting Agent, H. G. U.

West Virginia Law Review

No abstract provided.

2018-2019 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.

The Law Of Coal, Oil And Gas In West Virginia And Virginia, C. E. Goodwin

West Virginia Law Review

No abstract provided.

Masthead Volume 52, Issue 3

West Virginia Law Review

No abstract provided.

Quantifying The Resilience Value Of Distributed Energy Resources, James M. Van Nostrand

Law Faculty Scholarship

Extreme weather events, which are occurring with increasing frequency as a result of climate change, threaten the reliability and resilience of the nation's electricity grid. Increased flooding due to intense rainfall, hurricane damage fueled in part by a warmer atmosphere and warmer, higher seas, and widespread wildfires caused by extended drought conditions constitute potential hazards for utility infrastructure and delivery of essential electricity service. As a possible adaptation strategy, increased deployment of distributed energy resources (DERs), which are small-scale generating resources located near-and connected to-a load being served with or without grid interconnection, can improve the resilience of the electric …

"23 And Plea": Limiting Police Use Of Genealogy Sites After Carpenter V. United States, Antony Barone Kolenc

West Virginia Law Review

No abstract provided.

Hedge Your Bets: How The Legalization Of Sports Betting Could Be The Downfall Of Intercollegiate Sports, Haley M. Robb

West Virginia Law Review

No abstract provided.

Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell

West Virginia Law Review

The Constitution’s extraterritorial scope does not arise often in litigation. Two recent decisions broached the issue. Both arrived at opposite conclusions. And these decisions share a common thread: They confuse more than they clarify while begetting novel questions of law. Does the Constitution protect noncitizens abroad? If so, how? If not, why not? This Note addresses each of these questions in turn. Ultimately, this Note concludes that the Constitution does not have any extraterritorial application whatsoever to noncitizens abroad.

Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq.

West Virginia Law Review

Criminal law has adopted the folk psychological view of human agency. Under this view, voluntary action exists and mental states, such as intentions, goals, and desires, have a causal relationship with bodily movement. However, new advances in neuroscience have begun to challenge this model and have lent empirical support to the idea that mental states may not play a causal role in bodily movement. This has profound implications for the voluntary act element of actus reus because the requirement presupposes the folk psychological view of agency. Nevertheless, criminal law can avoid this dilemma through praxeology, the deductive study of human …

The Need For A Wealth Inequality Amendment, Stuart Ford

West Virginia Law Review

No abstract provided.

Downgrading Superprecedents, R. George Wright

West Virginia Law Review

No abstract provided.

Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner

West Virginia Law Review

No abstract provided.

A Liability Insurer's Breach Of The Duty To Defend And The Often Erroneous Consequence Of Extracontractual Liability, Douglas R. Richmond

West Virginia Law Review

No abstract provided.

Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy

West Virginia Law Review

No abstract provided.

Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle

West Virginia Law Review

No abstract provided.

Smart Contracts And Consumers, Tatiana Cutts

West Virginia Law Review

“Smart contracts” are a way of using computers to make contracts unbreakable. Contracting parties do not need to trust one another to perform or rely upon intermediaries to enforce performance. Performance is guaranteed. This is supposed to be a victory for the ordinary person—a clever socio-economic application of cryptography that strips power from companies and governments and gives it to consumers. But it turns out that less trust does not mean more freedom, or better bargains. The law of contract supports valuable relationships both by enforcing duties and by allowing parties to escape the consequences of ill-formed contracts and oppressive …

The Future Cannot Come Soon Enough: How Federal Regulation Of Telepsychiatry Is Necessary To Create Greater Access To Mental Health Services During A Time When Psychiatrists Are In Short Supply, Lisa V. Parciak

West Virginia Law Review

No abstract provided.

Bulwark Of Equality: The Jury In America, Nino C. Monea

West Virginia Law Review

Many decry the state of societal inequality in modern America. Juries are not normally thought of as part of the solution, but history shows that they should be. It reveals that juries oftentimes advanced the interests of the poor and lowly when no one else would. It also reveals that powerful interests—government and corporate—have sought to disempower juries that rule in favor of marginalized groups. This Article examines four contexts throughout our history where juries have enhanced societal equality. (1) In early America, they resisted the British government and in the nascent republic were friends to debtors and farmers. (2) …

The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig

West Virginia Law Review

No abstract provided.

A Tenant’S Fate In The Mountain State: What State Ex Rel Morrisey V. Copper Beech Townhome Communities Means For Tenants As Consumers, Emily Ann Cramer

West Virginia Law Review

No abstract provided.

Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students For The Bar Exam And Practice, Sabrina Defabritiis, Kathleen Elliott Vinson

West Virginia Law Review

No abstract provided.

Upending Minority Rule: The Case For Ranked-Choice Voting In West Virginia, Matthew R. Massie

West Virginia Law Review

No abstract provided.

Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman

West Virginia Law Review

No abstract provided.

Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie

West Virginia Law Review

No abstract provided.

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

Faculty & Staff 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 K. Blake, Mark L. Hatzenbuehler

Faculty & Staff 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 …

Cfpb Proposed Rule-Making Highlights, Bruce M. Jacobs Esq.

Center for Consumer Law and Education Events

No abstract provided.

The West Virginia Consumer Credit & Protection Act, Sandra M. Murphy Esq.

Center for Consumer Law and Education Events

No abstract provided.