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Articles 1 - 30 of 87
Full-Text Articles in Law
Our Dumb First Amendment: The Case Of The Foul-Mouthed Cheerleader, D. A. Jeremy Telman
Our Dumb First Amendment: The Case Of The Foul-Mouthed Cheerleader, D. A. Jeremy Telman
West Virginia Law Review
This Article applies the rights mediation model from Jamal Greene’s book How Rights Went Wrong in the context of public-school students’ rights to free expression. Doing so highlights the flaws in the rights absolutism that currently informs our constitutional jurisprudence. Under rights absolutism, once a court determines that state action burdens First Amendment interests, courts protect the First Amendment interest with such rigor that they ignore all other interests implicated in the litigation. In the case of the foul-mouthed cheerleader, Mahanoy Area School District v. B.L., a rights mediation model might not have changed the outcome, but it would have …
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 …
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.
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.
What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts
What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts
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.
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.
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
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--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--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--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.
The Justice Of The Peace: Constitutional Questions, George Lawson Partain
The Justice Of The Peace: Constitutional Questions, George Lawson Partain
West Virginia Law Review
No abstract provided.
Constitutional Law--Extension Of State Credit--Inductrial Development Bond Act, Ralph Judy Bean Jr.
Constitutional Law--Extension Of State Credit--Inductrial Development Bond Act, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--The Widening Scope Of State Habeas Corpus Relief, Lester Clay Hess Jr.
Constitutional Law--The Widening Scope Of State Habeas Corpus Relief, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, David Gail Hanlon
Abstracts Of Recent Cases, David Gail Hanlon
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Ward Day Stone Jr.
Abstracts Of Recent Cases, Ward Day Stone Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, T. E. P.
Constitutional Law--Treaties--The United Nations Charter As The Supreme Law Of The Land, R. E. M.
Constitutional Law--Treaties--The United Nations Charter As The Supreme Law Of The Land, R. E. M.
West Virginia Law Review
No abstract provided.
Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr.
West Virginia Law Review
No abstract provided.