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Articles 1 - 30 of 38
Full-Text Articles in Courts
Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine
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
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
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
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
West Virginia Law Review
No abstract provided.
Jury Instructions V. Jury Charges, J. Patrick Jones
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
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
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
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
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
Courts--Prospective Overruling, William Walter Smith
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, William Erwin Barr
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
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
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.
The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman
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.
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.
West Virginia Law Review
No abstract provided.
Contempt By Publication In West Virginia, G. W. E.
Contempt By Publication In West Virginia, G. W. E.
West Virginia Law Review
No abstract provided.
Recent Developments In Local Procedure, Leo Carlin
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.
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.
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
The Problem Of Jury Instructions, Haymond Maxwell
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
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
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
West Virginia Law Review
No abstract provided.
What Price Jury Trials, Jeff B. Fordham
What Price Jury Trials, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Relation Between Separate Instructions To The Jury, Leo Carlin
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.
Should The Jury System Be Abolished, T. W. A.
West Virginia Law Review
No abstract provided.
Special Interrogatories, Arlos Jackson Harbert
Special Interrogatories, Arlos Jackson Harbert
West Virginia Law Review
No abstract provided.