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Articles 1 - 30 of 295
Full-Text Articles in Law
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 …
Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows
Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows
West Virginia Law Review
No abstract provided.
The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker
The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker
Law Faculty Scholarship
In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.
The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …
Downgrading Superprecedents, R. George Wright
Downgrading Superprecedents, R. George Wright
West Virginia Law Review
No abstract provided.
One Rule To Compensate Them All, Noam Sher
One Rule To Compensate Them All, Noam Sher
West Virginia Law Review
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …
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.
A Court By Any Other Name: Preserving The Right Of Diversity Removal From State Administrative Agencies That Emulate Courts, John D. Pizzo
A Court By Any Other Name: Preserving The Right Of Diversity Removal From State Administrative Agencies That Emulate Courts, John D. Pizzo
West Virginia Law Review
No abstract provided.
Give It To Me Uniformly: West Virginia Wants Initial Disclosure, Evan Olds
Give It To Me Uniformly: West Virginia Wants Initial Disclosure, Evan Olds
West Virginia Law Review
No abstract provided.
Take Me Home To Conley V. Gibson, Country Roads: An Analysis Of The Effect Of Bell Atlantic Corp. V. Twombly And Ashcroft V. Iqbal On West Virginia's Pleading Doctrine, Devon J. Stewart
West Virginia Law Review
No abstract provided.
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
West Virginia Law Review
No abstract provided.
A Small Step Forward: An Analysis Of West Virginia's Attempt At Joint And Several Liability Reform, Michael P. Addair
A Small Step Forward: An Analysis Of West Virginia's Attempt At Joint And Several Liability Reform, Michael P. Addair
West Virginia Law Review
No abstract provided.
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
West Virginia Law Review
No abstract provided.
Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers
Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers
West Virginia Law Review
No abstract provided.
The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey
The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey
West Virginia Law Review
No abstract provided.
Closing Arguments In West Virginia: A Practitioner's Guide, Brian J. Headley
Closing Arguments In West Virginia: A Practitioner's Guide, Brian J. Headley
West Virginia Law Review
No abstract provided.
Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.
Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Civil And Criminal Contempt Law, Robin Jean Davis, Louis J. Palmer Jr.
Civil And Criminal Contempt Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan
Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan
West Virginia Law Review
No abstract provided.
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Law Faculty Scholarship
No abstract provided.
Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.
Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
West Virginia Law Review
No abstract provided.
West Virginia's Very Own Celotex Trilogy: A Series Of Recent Opinions By The Supreme Court Of Appeals Of West Virginia Reveals That The Rumors Of Rule 56'S Death Were Greatly Exaggerated, Rodney L. Bean, Sean P. Mcginley
West Virginia's Very Own Celotex Trilogy: A Series Of Recent Opinions By The Supreme Court Of Appeals Of West Virginia Reveals That The Rumors Of Rule 56'S Death Were Greatly Exaggerated, Rodney L. Bean, Sean P. Mcginley
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
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.
United Mine Workers V. Bagwell: New Restrictions On Severe Civil Contempt Fines, Gretchen Callas
United Mine Workers V. Bagwell: New Restrictions On Severe Civil Contempt Fines, Gretchen Callas
West Virginia Law Review
No abstract provided.
Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth
Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth
West Virginia Law Review
No abstract provided.
Practicing Public Interest Law: Minority Voices In A Dominant Culture, Charles R. Disalvo
Practicing Public Interest Law: Minority Voices In A Dominant Culture, Charles R. Disalvo
West Virginia Law Review
No abstract provided.
Practicing Public Interest Law In A Private Public Interest Law Firm: The Ideal Setting To Challenge The Power, Debra S. Katz, Lynne Bernabei
Practicing Public Interest Law In A Private Public Interest Law Firm: The Ideal Setting To Challenge The Power, Debra S. Katz, Lynne Bernabei
West Virginia Law Review
No abstract provided.
Personal Reflections Of A Life In Public Interest Law: From The Civil Rights Division Of The United States Department Of Justice To Appalred, John M. Rosenberg
Personal Reflections Of A Life In Public Interest Law: From The Civil Rights Division Of The United States Department Of Justice To Appalred, John M. Rosenberg
West Virginia Law Review
No abstract provided.
Righting The Law: Seeking A Humane Voice, John A. Powell
Righting The Law: Seeking A Humane Voice, John A. Powell
West Virginia Law Review
No abstract provided.
Project Challenge: Pro Bono Opportunity In Private Corporate Practice, Wendy E.D. Smith, Cheryl J. Terai
Project Challenge: Pro Bono Opportunity In Private Corporate Practice, Wendy E.D. Smith, Cheryl J. Terai
West Virginia Law Review
No abstract provided.