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Full-Text Articles in Law
Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie
Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie
West Virginia Law Review
No abstract provided.
Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod
Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod
West Virginia Law Review
No abstract provided.
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
West Virginia Law Review
When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …
Cases And Materials On West Virginia Constitutional Law, Robert M. Bastress Jr.
Cases And Materials On West Virginia Constitutional Law, Robert M. Bastress Jr.
Open Access Law Books
No abstract provided.
Uncertain Immunity: Assessing Qualified Immunity In The Context Of Post-Arrest Excessive-Force Claims Arising Prior To A Judicial Determination Of Probable Cause, J. Tyler Barton
West Virginia Law Review
No abstract provided.
Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell
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.
The Need For A Wealth Inequality Amendment, Stuart Ford
The Need For A Wealth Inequality Amendment, Stuart Ford
West Virginia Law Review
No abstract provided.
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
West Virginia Law Review
No abstract provided.
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
West Virginia Law Review
No abstract provided.
Aligning Education Rights And Remedies, Joshua Weishart
Aligning Education Rights And Remedies, Joshua Weishart
Law Faculty Scholarship
Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …
Reconstituting The Right To Education, Joshua Weishart
Reconstituting The Right To Education, Joshua Weishart
Law Faculty Scholarship
Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.
Deconstructed, the right to education held by children has been formulated doctrinally as both a …
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
Law Faculty Scholarship
No abstract provided.
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
Federalism: The Founders' Design, Jeremy M. Miller
Federalism: The Founders' Design, Jeremy M. Miller
West Virginia Law Review
No abstract provided.
Constitutional Law, Kurt L. Krieger
Constitutional Law, Renatha S. Hodgson
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley
United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Constitutional Law--Discretionary Acts Of Governor
Constitutional Law--Discretionary Acts Of Governor
West Virginia Law Review
No abstract provided.
Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett
Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett
West Virginia Law Review
No abstract provided.
Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges
Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges
West Virginia Law Review
No abstract provided.
Constitutional Law--Inter--Institutional Juvenile Transfer: Due Process And Equal Protection, Delby Barker Stobbs
Constitutional Law--Inter--Institutional Juvenile Transfer: Due Process And Equal Protection, Delby Barker Stobbs
West Virginia Law Review
No abstract provided.
Constitutional Law--Procedural Due Process Application To Pre-Judgement Garnishment, David Jeffrey Millstone
Constitutional Law--Procedural Due Process Application To Pre-Judgement Garnishment, David Jeffrey Millstone
West Virginia Law Review
No abstract provided.
Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.
Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core
Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core
West Virginia Law Review
No abstract provided.