Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (525)
- Property Law and Real Estate (414)
- Oil, Gas, and Mineral Law (342)
- Torts (337)
- Labor and Employment Law (310)
-
- Civil Procedure (295)
- Criminal Law (295)
- Evidence (218)
- Family Law (211)
- Tax Law (188)
- Criminal Procedure (179)
- Estates and Trusts (174)
- Contracts (159)
- State and Local Government Law (155)
- Business Organizations Law (149)
- Courts (141)
- Legal Profession (136)
- Legislation (131)
- Civil Rights and Discrimination (126)
- Environmental Law (118)
- Insurance Law (108)
- Administrative Law (107)
- Legal Education (94)
- Legal Ethics and Professional Responsibility (93)
- Banking and Finance Law (92)
- First Amendment (91)
- Jurisdiction (72)
- Legal Biography (72)
- Energy and Utilities Law (71)
- Keyword
-
- West Virginia (378)
- Evidence (117)
- Torts (111)
- Constitutional Law (96)
- Contracts (89)
-
- Mines & mineral resources (85)
- Legislation (81)
- Constitutional law (76)
- Property (53)
- Criminal Law (51)
- Due process of law (51)
- Taxation (51)
- Coal mining (46)
- Jurisdiction (46)
- West Virginia University Libraries (43)
- Civil Procedure (42)
- Wills (42)
- Exhibit (41)
- Courts (39)
- Criminal law (38)
- Criminal procedure (36)
- Damages (36)
- Insurance (36)
- Corporations (35)
- Jurisprudence (32)
- Workers' compensation (32)
- Trusts (31)
- Lawyers (30)
- Divorce (28)
- Leases (28)
- Publication Year
- Publication
-
- West Virginia Law Review (4279)
- Law Faculty Scholarship (117)
- Undefeated Exhibit Panels (38)
- Faculty & Staff Scholarship (16)
- Center for Consumer Law and Education Events (10)
-
- West Virginia Law Review Online (9)
- Graduate Theses, Dissertations, and Problem Reports (8)
- Promotion (6)
- West Virginia Law Review Events (6)
- Law Library Annual Reports and Assessments (5)
- West Virginia Law Scholar (5)
- The WVU Law Advocate (3)
- Consumer Law Scholarship (1)
- Economics Faculty Working Papers Series (1)
- Integrated Math & Social Studies Lessons (1)
- Open Access Law Books (1)
- Women in STEM (1)
- Publication Type
Articles 1 - 30 of 4507
Full-Text Articles in Law
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock
Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock
West Virginia Law Review
No abstract provided.
The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson
The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson
West Virginia Law Review
Infertility treatments have become more accessible and widely used in the last 20 years. As more couples look to these treatments in their struggle to start a family, health insurers are lagging behind in coverage for these options. For the majority of women in the country, paying for infertility treatment out-ofpocket is unrealistic. Not all states have approached this issue but those who have vary in their approach. Some are utilizing either mandate-to-cover for private insurers or Medicaid coverage to attempt to make treatments and diagnosis more accessible. Without policy solutions, the inequality of access between socioeconomic statuses will remain. …
Someone Please Do Something: The Fight For Web Accessibility Rages On, James Mazzone
Someone Please Do Something: The Fight For Web Accessibility Rages On, James Mazzone
West Virginia Law Review
When the Americans with Disabilities Act (“ADA”) was enacted in 1990, no one could have envisioned the way technology would dominate society as it does today. Title III, Public Accommodations, of the ADA was enacted to allow disabled individuals the opportunity to fully enjoy equal access to goods and services offered to the public. Title III has traditionally been applied to physical, stand-alone locations such as hotels, shopping centers, and restaurants. However, almost every facet of an American’s life today involves a screen emitting a bright light. Additionally, businesses of all sizes are facing mountains of web accessibility litigation due …
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
West Virginia Law Review
Unprecedented criminal prosecutions for medical errors have increased throughout the nation: A Tennessee nurse was charged with reckless homicide for an isolated medication error; two South Carolina nurses were charged with criminal neglect for failing to change a wound dressing for just two days; and an Ohio pharmacist was charged with involuntary manslaughter for failing to detect that a solution contained too much sodium. Introducing criminal charges for cases of typical medical malpractice, which are most often the result of system failures, will dismantle hospitals’ error-reporting systems and lead to long-term catastrophic results for patient safety. This Note applies system …
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
West Virginia Law Review
The emergence of blockchain technology has transformed the financial landscape in many ways. From creating new cryptocurrencies to facilitating decentralized exchanges and smart contracts, blockchain has the potential to disrupt traditional financial institutions and reshape the way we conduct business. However, the adoption of blockchain technology has also raised concerns about its potential risks and challenges, such as its susceptibility to fraud, market manipulation, and money laundering. These concerns have led to calls for regulating blockchain technology to mitigate these risks and ensure the integrity and stability of financial markets. Recent collapses in the crypto market caused by the bankruptcy …
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 …
Terms Of Injustice, Przemyslaw Palka
Terms Of Injustice, Przemyslaw Palka
West Virginia Law Review
Terms of Service (ToS) of online platforms often contain Consumer Unfriendly Terms (CUTs). The CUTs encompass clauses limiting consumers’ rights in dispute resolution, limitations on remedies, and corporations’ rights to unilaterally modify the service, delete users’ content, and benefit from their data. The ToS resemble the offline “boilerplate” but, given the context of their functioning—digital capitalism—they also exhibit some critical differences, rendering the context-specific analysis necessary.
This Article argues that the continued toleration of the CUTs is undesirable on economic and democratic grounds. In digital capitalism, online platforms often enjoy a (quasi-)monopolistic position. Further, they can (factually and legally) collect …
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
West Virginia Law Review
The veterans’ benefits system often describes itself as non-adversarial, meaning that the government is supposed to work with the claimant to provide them all benefits they are entitled to, rather than fighting to minimize what they receive. True enough, there are many unique features of the system that help veterans. But many of these features do not work as intended, and rules have developed at all stages that make it harder for veterans to recover. Moreover, as with any human institution, staff fall short, offices get overwhelmed, and gross delays pile up. This Article surveys the numerous ways that the …
Covid, Contracts, And Colleges, John K. Setear
Covid, Contracts, And Colleges, John K. Setear
West Virginia Law Review
No abstract provided.
Digital Terror Crimes, Cody Corliss
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
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
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
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
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
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 …
Dismantling The Mine Act, William B. Moran
Dismantling The Mine Act, William B. Moran
West Virginia Law Review
No abstract provided.
Child Protection And Infant Mental Health: An Essential Partnership, Claudia M. Gold M.D.
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 …
The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner
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 …
Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie
Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie
West Virginia Law Review
No abstract provided.
In Response To Professor, Please Help Me Pass The Bar Exam, Jaylin K. Johnson
In Response To Professor, Please Help Me Pass The Bar Exam, Jaylin K. Johnson
West Virginia Law Review
No abstract provided.
Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry
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 …
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
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
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 …