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Articles 1 - 11 of 11

Full-Text Articles in Law

Actmissions, Luis E. Chiesa Dec 2013

Actmissions, Luis E. Chiesa

West Virginia Law Review

Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …


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.


Martin V. Malcolm: Democracy, Nonviolence, Manhood, John M. Kang Apr 2012

Martin V. Malcolm: Democracy, Nonviolence, Manhood, John M. Kang

West Virginia Law Review

No abstract provided.


You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan Apr 2012

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

West Virginia Law Review

No abstract provided.


Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill Jan 2011

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 …


Race, American Law And The State Of Nature, George A. Martinez Apr 2010

Race, American Law And The State Of Nature, George A. Martinez

West Virginia Law Review

This Article advances a new theoretical framework to help explain and understand race and American law. In particular, the Article argues that we can employ a philosophical model to attempt to understand what often occurs when the dominant group deals with persons of color. The Article contends that when the dominant group acts with great power or lack of constraint, it often acts as though it were in what political philosophers have called the state of nature. Thus, the Article argues that there is a tendency for the dominant group to act as though it were in the state of …


Is Public Reason Counterproductive?, Eduardo M. Peñalver Sep 2007

Is Public Reason Counterproductive?, Eduardo M. Peñalver

West Virginia Law Review

No abstract provided.


Book Review: A Theory Of Criminal Justice, James R. Elkins Feb 1979

Book Review: A Theory Of Criminal Justice, James R. Elkins

West Virginia Law Review

No abstract provided.


The Purpose Of Law--A Trial Judge's View, Robert M. Worrell Dec 1972

The Purpose Of Law--A Trial Judge's View, Robert M. Worrell

West Virginia Law Review

No abstract provided.


The Relation And Correlation Of Freedom And Security, Henry H. Foster Jun 1956

The Relation And Correlation Of Freedom And Security, Henry H. Foster

West Virginia Law Review

No abstract provided.


An Introduction To The Philosophy Of Law, Thomas Porter Hardman Jun 1923

An Introduction To The Philosophy Of Law, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.