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Articles 1 - 30 of 64
Full-Text Articles in Law
A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel
A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel
West Virginia Law Review
While the previous literature has found that certain background characteristics of federal judges, such as their race, gender, and ideology, statistically correlate with case outcomes, little prior scholarship has examined the connection between judges’ educational backgrounds and their judicial decision-making. The empirical study that this Article presents fills a critical gap in the literature by statistically analyzing the relationship between federal judges’ undergraduate degrees and their rulings in cases related to trade secrets, a highly valuable form of intellectual property (IP) for many companies. Notably, it finds that if a trade secret case is assigned to a judge who possesses …
Warrant Nullification, L. Joe Dunman
Warrant Nullification, L. Joe Dunman
West Virginia Law Review
Police officers execute thousands of search warrants in the United States every year, often looking for drugs in people's homes. Many search warrants are executed by militarized "dynamic entry" teams who violently conduct raids late at night with little or no warning, guns drawn. These raids have killed and injured hundreds of people nationwide-not just suspects but also officers and bystanders. Protests erupt in response, the community divides, and trust in institutions crumbles.
Legislative and executive policy can reduce the violence of search warrant executions, but could there also be a judicial option? This Article explores one such option: nullification. …
The Founders' Multi-Purpose Chief Justice: The English Origins Of The American Chief Justiceship, Justin W. Aimonetti, Jackson A. Myers
The Founders' Multi-Purpose Chief Justice: The English Origins Of The American Chief Justiceship, Justin W. Aimonetti, Jackson A. Myers
West Virginia Law Review
During the founding era, the American Chief Justice was nearly unrecognizable to modern eyes. Rather than a purely judicial officer, the Chief Justice was a multi-purpose minister, serving as a judge, an administrator, a diplomat, and an advisor. He was what we call the “multi-purpose Chief Justice.” The multi-purpose Chief Justice of the Early Republic originated with the ancient English office of the Lord Chief Justice. English judges historically served as multi-purpose ministers to the king, engaging in administrative and even political tasks. This was especially true for the Lord Chief Justice. Even as other English judges settled into more …
Dedication To Judge Arthur Recht, Blair Wessels
Dedication To Judge Arthur Recht, Blair Wessels
West Virginia Law Review
No abstract provided.
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
West Virginia Law Review
No abstract provided.
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
West Virginia Law Review
No abstract provided.
Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill
Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill
West Virginia Law Review
A leading theory in the study of judicial behavior is the attitudinal model. This theory maintains that a judge's political ideology can be used to predict how a judge will decide certain cases; other factors, such as the judge's judicial philosophy, tend to be unimportant. Under this theory, two judges with the same political ideology, but different judicial philosophies, should virtually always vote the same way in cases with predicted ideological outcomes. This manuscript tests the attitudinal model by examining opinions by two judges with very similar political ideologies but different judicial philosophies: Judge Michael Luttig and Judge Harvie Wilkinson …
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
West Virginia Law Review
No abstract provided.
How Great Is America's Tolerance For Judicial Bias - An Inquiry Into The Supreme Court's Decisions In Caperton And Citizens United, Their Implications For Judicial Elections, And Their Effect On The Rule Of Law In The United States, Norman L. Green
West Virginia Law Review
No abstract provided.
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
West Virginia Law Review
No abstract provided.
A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher
A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher
West Virginia Law Review
No abstract provided.
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
West Virginia Law Review
No abstract provided.
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
West Virginia Law Review
No abstract provided.
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
West Virginia Law Review
No abstract provided.
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
West Virginia Law Review
No abstract provided.
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
West Virginia Law Review
No abstract provided.
Stop Me Before I Vote For This Judge Again: Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
West Virginia Law Review
No abstract provided.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Justice Bushrod Washington And The Age Of Discovery In American Law, David A. Faber
Justice Bushrod Washington And The Age Of Discovery In American Law, David A. Faber
West Virginia Law Review
No abstract provided.
Advice--Consent--Senatorial Immaturity And The Judicial Selection Process, Richard D. Freer
Advice--Consent--Senatorial Immaturity And The Judicial Selection Process, Richard D. Freer
West Virginia Law Review
No abstract provided.
Conclusion, Robin Jean Davis, Louis J. Palmer Jr.
Conclusion, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Gentleman Jim, J. Dickson Phillips Jr.
Tribute For The Honorable James M. Sprouse, Sam J. Ervin Iii
Tribute For The Honorable James M. Sprouse, Sam J. Ervin Iii
West Virginia Law Review
No abstract provided.
Tribute To Judge Sprouse, Francis D. Murnaghan Jr.
Tribute To Judge Sprouse, Francis D. Murnaghan Jr.
West Virginia Law Review
No abstract provided.
James M. Sprouse, J. Harvie Wilkinson Iii
James M. Sprouse, J. Harvie Wilkinson Iii
West Virginia Law Review
No abstract provided.
Judge James M. Sprouse, Forest J. Bowman
Judge James M. Sprouse, Forest J. Bowman
West Virginia Law Review
No abstract provided.
One Kind Of Legacy: Judge Sprouse's Law Clerks, Geraldine Szott Moohr
One Kind Of Legacy: Judge Sprouse's Law Clerks, Geraldine Szott Moohr
West Virginia Law Review
No abstract provided.