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Articles 31 - 60 of 100

Full-Text Articles in Law

Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan Apr 2001

Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan

West Virginia Law Review

No abstract provided.


Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger Dec 1999

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.


Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison Dec 1998

Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison

West Virginia Law Review

No abstract provided.


Administrative Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann Jun 1996

The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann

West Virginia Law Review

No abstract provided.


The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl Sep 1995

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl

West Virginia Law Review

No abstract provided.


Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee Jun 1995

Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee

West Virginia Law Review

No abstract provided.


Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley Jun 1995

Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley

West Virginia Law Review

No abstract provided.


Petitions For Modification Of Msha Safety Standards: Process, Problems And A Proposal For Reform, Timothy M. Biddle, Thomas C. Means, Susan E. Chetlin Apr 1989

Petitions For Modification Of Msha Safety Standards: Process, Problems And A Proposal For Reform, Timothy M. Biddle, Thomas C. Means, Susan E. Chetlin

West Virginia Law Review

No abstract provided.


Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby Apr 1987

Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby

West Virginia Law Review

No abstract provided.


Heckler V. Chaney: The Presumption Of Unreviewability In Administrative Nonenforcement Cases, Elizabeth L. Crittenden Jan 1987

Heckler V. Chaney: The Presumption Of Unreviewability In Administrative Nonenforcement Cases, Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.


Administrative Law, Patricia A. Morrison Jan 1987

Administrative Law, Patricia A. Morrison

West Virginia Law Review

No abstract provided.


Administrative Law, John F. Donogher Jan 1986

Administrative Law, John F. Donogher

West Virginia Law Review

No abstract provided.


Administrative Law, James W. Mcneely Jan 1985

Administrative Law, James W. Mcneely

West Virginia Law Review

No abstract provided.


Administrative Law, Elizabeth L. Crittenden Jan 1984

Administrative Law, Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.


Administrative, Robert L. Stewart Jr. Apr 1983

Administrative, Robert L. Stewart Jr.

West Virginia Law Review

No abstract provided.


Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey Oct 1981

Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey

West Virginia Law Review

The cornerstone of informal rulemaking is the notice and comment procedure. Through this simple, and often efficient system, administrative agencies perform many of their delegated duties. This broad delegation, however, carries with it a substantial burden. Administrative agencies must decide controversial and complex issues that affect all facets of American life. The failure of the rulemaking procedure may unduly delay the implementation of laws which are designed to protect the health of workers, preserve the environment, and insure that the nation's business proceeds in an orderly fashion. It is therefore necessary to properly adhere to rulemaking procedures in order that …


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett Jun 1979

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett

West Virginia Law Review

Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …


The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops Feb 1979

The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops

West Virginia Law Review

Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making "initial decisions" in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers …


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford Sep 1978

Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford

West Virginia Law Review

No abstract provided.


Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea Jan 1978

Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea

West Virginia Law Review

No abstract provided.


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Rights And Responsibilities In Administrative Rule Making In West Virginia, Alfred S. Neely Iv Jun 1977

Rights And Responsibilities In Administrative Rule Making In West Virginia, Alfred S. Neely Iv

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan Jan 1977

The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.