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Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine Mar 2023

Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine

West Virginia Law Review

In granting diversity of citizenship jurisdiction to the federal courts, there is an underlying assumption that federal courts will be less biased toward out-of-state litigants as compared with state courts. While this may be true, the assumption fails to consider an important empirical question: to what extent do federal courts favor home state litigants or disfavor out-of-state litigants when deciding diversity jurisdiction cases? Relying on the Integrated Database (IDB) compiled by the Federal Judicial Center and the Administrative Offices of the U.S. Courts, we present an original, empirical analysis of diversity jurisdiction case outcomes in the U.S. districts courts from …


Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner Sep 2014

Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner

West Virginia Law Review

No abstract provided.


The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo Jan 1985

The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo

West Virginia Law Review

No abstract provided.


Juries, Susan E. Morton Jan 1984

Juries, Susan E. Morton

West Virginia Law Review

No abstract provided.


Communication In The Courtroom: Jury Instructions, Michael J. Farrell Sep 1982

Communication In The Courtroom: Jury Instructions, Michael J. Farrell

West Virginia Law Review

No abstract provided.


Jury Instructions V. Jury Charges, J. Patrick Jones Apr 1980

Jury Instructions V. Jury Charges, J. Patrick Jones

West Virginia Law Review

No abstract provided.


Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien Dec 1979

Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien

West Virginia Law Review

No abstract provided.


Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth Nov 1973

Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth

West Virginia Law Review

No abstract provided.


The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost Sep 1972

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.


Federal Courts--Effect Of New Federal Civil Procedure Rule 23 Of Aggregation Of Claims, Linda L. Hupp Feb 1968

Federal Courts--Effect Of New Federal Civil Procedure Rule 23 Of Aggregation Of Claims, Linda L. Hupp

West Virginia Law Review

No abstract provided.


Courts--Prospective Overruling, William Walter Smith Dec 1963

Courts--Prospective Overruling, William Walter Smith

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, William Erwin Barr Apr 1962

Abstracts Of Recent Cases, William Erwin Barr

West Virginia Law Review

No abstract provided.


Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz Feb 1962

Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz

West Virginia Law Review

No abstract provided.


The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii Dec 1956

The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, T. E. P. Dec 1956

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.


The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman Feb 1951

The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman

West Virginia Law Review

No abstract provided.


Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C. Dec 1949

Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C.

West Virginia Law Review

No abstract provided.


Federal Courts--Venue--"Residence" Of Defendant In Federal Reservation Grounded On State Laws Concerning Admission Of Foreign Corporations, D. B. H. Mar 1949

Federal Courts--Venue--"Residence" Of Defendant In Federal Reservation Grounded On State Laws Concerning Admission Of Foreign Corporations, D. B. H.

West Virginia Law Review

No abstract provided.


Contempt By Publication In West Virginia, G. W. E. Dec 1942

Contempt By Publication In West Virginia, G. W. E.

West Virginia Law Review

No abstract provided.


Recent Developments In Local Procedure, Leo Carlin Apr 1941

Recent Developments In Local Procedure, Leo Carlin

West Virginia Law Review

The Supreme Court of Appeals of this state, in three recent eases, two at law and one in equity, has prescribed or suggested what many West Virginia practitioners may consider innovations affecting three very ordinary matters of practice in this jurisdiction. Two of these cases, dealing, respectively, with the manner in which failure of consideration may be asserted as a defense and the necessity of process upon a cross-bill answer, are actual adjudications. One, indicating certain circumstances under which it is deemed the Statute of Frauds should be pleaded specially, contains only dicta so far as that particular question is …


Contempt--Power Of Chancery To Punish, W. H. S. Feb 1941

Contempt--Power Of Chancery To Punish, W. H. S.

West Virginia Law Review

No abstract provided.


Regulating Procedure By Rules Of Court In West Virginia, Harry Scherr Jr. Feb 1941

Regulating Procedure By Rules Of Court In West Virginia, Harry Scherr Jr.

West Virginia Law Review

No abstract provided.


The Mind Of The Juror, Stephen Ailes Apr 1938

The Mind Of The Juror, Stephen Ailes

West Virginia Law Review

No abstract provided.


The Problem Of Jury Instructions, Haymond Maxwell Dec 1936

The Problem Of Jury Instructions, Haymond Maxwell

West Virginia Law Review

The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …


Rules Of Practice In The Trial Courts Of Record Of West Virginia Apr 1936

Rules Of Practice In The Trial Courts Of Record Of West Virginia

West Virginia Law Review

No abstract provided.


Verdict--Juror's Assent--What Constitutes, Paul D. Farr Feb 1934

Verdict--Juror's Assent--What Constitutes, Paul D. Farr

West Virginia Law Review

No abstract provided.


What Price Jury Trials, Jeff B. Fordham Dec 1931

What Price Jury Trials, Jeff B. Fordham

West Virginia Law Review

No abstract provided.


Relation Between Separate Instructions To The Jury, Leo Carlin Jun 1930

Relation Between Separate Instructions To The Jury, Leo Carlin

West Virginia Law Review

No abstract provided.


Should The Jury System Be Abolished, T. W. A. Apr 1929

Should The Jury System Be Abolished, T. W. A.

West Virginia Law Review

No abstract provided.


Special Interrogatories, Arlos Jackson Harbert Apr 1929

Special Interrogatories, Arlos Jackson Harbert

West Virginia Law Review

No abstract provided.