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West Virginia Law Review Online

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Data Privacy Issues In West Virginia: An Overview, Jena Martin Sep 2021

Data Privacy Issues In West Virginia: An Overview, Jena Martin

West Virginia Law Review Online

This essay is about data privacy in West Virginia. However, many of the issues that affect West Virginians also affect people around the country and the world. As such, it’s also an essay about the state of data privacy today and the current challenges that affect people nationally and globally. Part one provides a general overview of the current issues involving data privacy. Part two discusses the current legislative framework and the larger gaps in data privacy law. Part three summarizes the key takeaways based on responses to a survey and focus groups sessions conducted in West Virginia in 2019. …


Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal Dec 2020

Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal

West Virginia Law Review Online

This article pulls up and highlights a land use restriction, or financial burden, imposed upon West Virginia private real estate owners who inadvertently uncover human skeletal remains in unmarked graves on their property. In this state, those coming across human bones that historians and archaeologists eventually deem have no historical or archeological significance have a choice—pay the costs to have the bones removed and reinterred or cover the bones and use the property only as a cemetery in perpetuity. This burden becomes more acute when comparing West Virginia’s law to those of other states that require government officials, at public …


The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona Dec 2018

The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona

West Virginia Law Review Online

The fire moved quickly through the house as Cameron Todd Willingham screamed for his children from the front porch. Inside the blaze were his three children. Firefighters arrived, uncoiled hoses, and aimed water at the raging fire. However, all three Willingham children died that night from smoke inhalation.

News of the December 23, 1991, tragedy spread throughout Corsicana, Texas. Meanwhile, investigators sought to determine what caused the fire. The investigators “toured the perimeter of the house, taking notes and photographs, like archeologists mapping out a ruin.” In the kitchen, they found smoke and heat damage—signs the fire had not originated …