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Full-Text Articles in Law

Digital Terror Crimes, Cody Corliss Jan 2024

Digital Terror Crimes, Cody Corliss

Law Faculty Scholarship

Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.

This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …


Duncan Alford, Setting The Bar For Collegiality And Professionalism, Caroline L. Osborne Dec 2023

Duncan Alford, Setting The Bar For Collegiality And Professionalism, Caroline L. Osborne

Law Faculty Scholarship

Duncan E. Alford (1963 – 2023), lawyer, librarian, scholar, colleague. This essay documents the significant contributions our colleague, Duncan E. Alford, University of South Carolina School of Law made to his profession. Professor Alford’s is remembered for his significant contributions.


Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso Nov 2023

Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.


West Virginia Law Scholar, Fall 2023, Wvu College Of Law Library Oct 2023

West Virginia Law Scholar, Fall 2023, Wvu College Of Law Library

West Virginia Law Scholar

No abstract provided.


Assessment Of 2019 George R. Farmer Jr. Law Library Strategy Map, Caroline L. Osborne Jul 2023

Assessment Of 2019 George R. Farmer Jr. Law Library Strategy Map, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.


Minor League With A Major Issue: How Baseball's Federal Antitrust Exemption Has Devastated Minor League Baseball, Hallie Arena May 2023

Minor League With A Major Issue: How Baseball's Federal Antitrust Exemption Has Devastated Minor League Baseball, Hallie Arena

West Virginia Law Review Online

In 1922, the United States Supreme Court exempted Major League Baseball (“MLB”) from the Sherman Antitrust Act in the landmark decision Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs. Despite growing criticism from the players, fans, and the courts, this exemption holds true today. Although MLB players have slowly been given greater contracting rights, minor league players have been left behind in this fight. MLB’s antitrust exemption negatively affects MiLB and allows league owners to exploit players for little salary, often forcing them to live at or below the poverty line. Poor living conditions, coupled …


The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner Apr 2023

The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner

West Virginia Law Review

Humans have practiced birth control, including abortion, for thousands of years. Pregnant individuals have sought abortions for many reasons even though the abortion procedure itself has often been dangerous to the pregnant person’s life. Moreover, a stable consensus concerning the debate about when life begins and other questions surrounding abortion has rarely if ever been attained. Notwithstanding the numerous questions raised by this indisputably controversial subject, this article is quite limited in scope. In Section I, we review the development and retrenchment of an individual’s right to terminate their pregnancy starting on January 22, 1973, the day that the United …


Table Of Contents Apr 2023

Table Of Contents

West Virginia Law Review

No abstract provided.


Masthead Volume 125, Issue 3 Apr 2023

Masthead Volume 125, Issue 3

West Virginia Law Review

No abstract provided.


Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry Apr 2023

Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry

West Virginia Law Review

West Virginia has one of the highest rates of children in foster care—and thus removed from their families—in the United States. Recent scientific and social science research has shown that removing children from their parents’ home is a traumatic event in and of itself, causing further harm to children already experiencing abuse and neglect. Federal legislation in the past ten years requires that states make reasonable efforts to address issues of abuse and neglect prior to removing children from their homes. West Virginia, for many reasons, is not doing so. West Virginia’s state child welfare agency, Department of Health and …


Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie Apr 2023

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie

West Virginia Law Review

No abstract provided.


Front Matter Apr 2023

Front Matter

West Virginia Law Review

No abstract provided.


Dismantling The Mine Act, William B. Moran Apr 2023

Dismantling The Mine Act, William B. Moran

West Virginia Law Review

No abstract provided.


In Response To Professor, Please Help Me Pass The Bar Exam, Jaylin K. Johnson Apr 2023

In Response To Professor, Please Help Me Pass The Bar Exam, Jaylin K. Johnson

West Virginia Law Review

No abstract provided.


Child Protection And Infant Mental Health: An Essential Partnership, Claudia M. Gold M.D. Apr 2023

Child Protection And Infant Mental Health: An Essential Partnership, Claudia M. Gold M.D.

West Virginia Law Review

The core argument of this paper— that listening from stance of curiosity to caregivers who interface with the child protection system holds the key to true protection by supporting child development—stands the test of time. Since its publication a decade ago, two significant changes have occurred. First the field of infant mental health is in the process of a reframing to the term “early relational health,” drawing on the abundance of research evidence showing how early relationships lay the foundation for lifelong growth and development. Second we are in the midst of a long overdue reckoning with social injustice. Principles …


Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber Mar 2023

Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber

West Virginia Law Review

The “best interest of the child” standard is used throughout family law and is the generally accepted standard for determining custody disputes. However, many states have introduced, and some have enacted, legislation that creates a presumption of joint, or “50/50,” physical custody between the parents. As psychological studies have shown, instability typically found in custody disputes can have a significant impact on a child’s life, influencing attachment style and abilities to successfully self-regulate. These findings make the 50/50 presumption a flawed concept. Courts should be able to take factors supported by this research into account when making custody determinations as …


A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding Mar 2023

A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding

West Virginia Law Review

Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …


Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy Mar 2023

Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy

West Virginia Law Review

The abduction enhancement applied to the crime of robbery is inherently ambiguous; the enhancement reads, “‘abducted’ means that a victim was forced to accompany an offender to a different location.” The lack of a clear definition for “location” has caused a split within the federal circuits, with some circuits interpreting “location” as position and others interpreting “location” as place. This has caused disproportionate sentences for similar criminal conduct within separate circuits, creating the need for a more uniform interpretation of the sentencing enhancement for abduction.

This Note builds upon the work of David J. Sandefer and proposes two additional factors …


Shifting The Scope Towards Students: An Analysis Of Tax Code Treatment Of The Higher Education Loan Interest Deduction, Brianna C. Frontuto Mar 2023

Shifting The Scope Towards Students: An Analysis Of Tax Code Treatment Of The Higher Education Loan Interest Deduction, Brianna C. Frontuto

West Virginia Law Review

In a nation where education is held in the highest regard but given the lowest priority, the United States continues to enlarge a gaping hole in the education system: student loan debt, a crisis sweeping across the nation and affecting nearly every individual in the United States. Higher education costs have sky-rocketed, and the expanding administrations and complex projects do not provide assurance that this will change any time soon.

Congress has placed tax incentives in the Internal Revenue Code (“the Code”) to encourage the pursuit of higher education while providing a benefit for doing so. Specifically, § 221 of …


Public Ownership And The Wto In A Post-Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato Mar 2023

Public Ownership And The Wto In A Post-Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

West Virginia Law Review

No abstract provided.


The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader Mar 2023

The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader

West Virginia Law Review

Even casual watchers of T.V. crime dramas understand the Fourth Amendment’s exclusionary rule. Under this rule, evidence obtained by the police in a search of a criminal suspect’s premises that exceeds the scope of a judicial warrant is almost always inadmissible in the suspect’s criminal trial. The rule is designed to deter unreasonable governmental intrusion into private affairs and applies without regard for the suspect’s guilt or innocence. This Article proposes that the First Amendment includes an analogous rule against governmental censorship. Under this rule, content-based speech regulations exceed the legislature’s speech rulemaking warrant and are almost always invalid. This …


Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine Mar 2023

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 …


Homeless Residency Restrictions, Ben A. Mcjunkin Mar 2023

Homeless Residency Restrictions, Ben A. Mcjunkin

West Virginia Law Review

Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …


Table Of Contents Mar 2023

Table Of Contents

West Virginia Law Review

No abstract provided.


Front Matter Mar 2023

Front Matter

West Virginia Law Review

No abstract provided.


Masthead Volume 125, Issue 2 Mar 2023

Masthead Volume 125, Issue 2

West Virginia Law Review

No abstract provided.


When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso Jan 2023

When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso

Law Faculty Scholarship

Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.


In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams Jan 2023

In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams

West Virginia Law Review

No abstract provided.


Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann Jan 2023

Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann

West Virginia Law Review

Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may believe that such atrocities only occurred in the past, this belief is unfounded. This Note examines the structural racism that supports Federal Indian Law through treaties with Native nations, racist Supreme Court Indian law opinions, and legislation that allowed the seizure of Native land. The lasting legacy of this structural racism is explored through recent …


A First Step Back In Time?, Blake Jacobs Jan 2023

A First Step Back In Time?, Blake Jacobs

West Virginia Law Review

This Note discusses the implications of the United States Supreme Court’s holding in Concepcion v. United States, which left open whether district courts must reanalyze the 18 U.S.C.A. § 3553(a) factors when ruling on a motion to reduce a defendant’s sentence under the First Step Act. The decision settled a dispute between the First, Fifth, Ninth, and Eleventh Circuits, which did not require sentencing courts to consider intervening factual or legal developments; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits which did. However, the Supreme Court’s decision only obligates a district court to consider intervening …