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Full-Text Articles in Law

The Paradoxes Of Restitution, Mark A. Edwards Dec 2013

The Paradoxes Of Restitution, Mark A. Edwards

West Virginia Law Review

Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.


Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky Sep 2013

Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky

West Virginia Law Review

The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …


Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel Apr 2012

Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel

West Virginia Law Review

No abstract provided.


Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney Jan 2012

Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney

West Virginia Law Review

No abstract provided.


The Early Demise Of Early Release, Cecelia Klingele Jan 2012

The Early Demise Of Early Release, Cecelia Klingele

West Virginia Law Review

Reversing the tough-on-crime policies that have defined American criminal justice for the past two decades, cash-strapped states across the nation have begun reducing the number of people they confine in prisons and jails. In their efforts to reduce correctional populations, numerous states have passed laws that allow parole boards, prison officials, or judges to shorten the sentences of people already serving time in custody. These so-called "early release" laws have proven highly controversial and in at least three states have been repealed outright. In others, they remain on the books but have provided less savings than anticipated because of the …


The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick Jan 2011

The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick

West Virginia Law Review

No abstract provided.


An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston Apr 2010

An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston

West Virginia Law Review

No abstract provided.


What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James Apr 2008

What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James

West Virginia Law Review

No abstract provided.


Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon Apr 2008

Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon

West Virginia Law Review

No abstract provided.


Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver Apr 2008

Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver

West Virginia Law Review

No abstract provided.


Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg Jan 2008

Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg

West Virginia Law Review

No abstract provided.


Thoughts On Professor Crump's Comparison Of Traditional American Homicide Law And The Model Penal Code, Neil P. Cohen Jan 2007

Thoughts On Professor Crump's Comparison Of Traditional American Homicide Law And The Model Penal Code, Neil P. Cohen

West Virginia Law Review

No abstract provided.


"Murder, Pennsylvania Style": Comparing Traditional American Homicide Law To The Statutes Of Model Penal Code Jurisdictions, David Crump Jan 2007

"Murder, Pennsylvania Style": Comparing Traditional American Homicide Law To The Statutes Of Model Penal Code Jurisdictions, David Crump

West Virginia Law Review

No abstract provided.


The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen Jan 2007

The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen

West Virginia Law Review

No abstract provided.


Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos Jan 2007

Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos

West Virginia Law Review

No abstract provided.


Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy Jan 2007

Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy

West Virginia Law Review

No abstract provided.


Hate Crime Law In West Virginia, Paul R. Sheridan Apr 2005

Hate Crime Law In West Virginia, Paul R. Sheridan

West Virginia Law Review

No abstract provided.


Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele Apr 2004

Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele

West Virginia Law Review

No abstract provided.


When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker Jan 2004

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.


Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay Sep 2003

Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay

West Virginia Law Review

No abstract provided.


Criminal Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

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

West Virginia Law Review

No abstract provided.


Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly Sep 2000

Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly

West Virginia Law Review

No abstract provided.


Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss Apr 1999

Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss

West Virginia Law Review

No abstract provided.


Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey Sep 1998

Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey

West Virginia Law Review

No abstract provided.


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

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

West Virginia Law Review

No abstract provided.


Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.


The American Adversary System, William T. Pizzi Jun 1998

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.


European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.


Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler Jun 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.


Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger Jun 1998

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.