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Articles 1 - 11 of 11
Full-Text Articles in Law
Actmissions, Luis E. Chiesa
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
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
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
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 …
Race, American Law And The State Of Nature, George A. Martinez
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
Is Public Reason Counterproductive?, Eduardo M. Peñalver
West Virginia Law Review
No abstract provided.
Book Review: A Theory Of Criminal Justice, James R. Elkins
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
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
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
An Introduction To The Philosophy Of Law, Thomas Porter Hardman
West Virginia Law Review
No abstract provided.