Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (10)
- Constitutional Law (6)
- Science and Technology Law (5)
- Civil Rights and Discrimination (3)
- Privacy Law (3)
-
- Agriculture Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Labor and Employment Law (2)
- Law Enforcement and Corrections (2)
- Law and Politics (2)
- Legislation (2)
- Natural Resources Law (2)
- Air and Space Law (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Courts (1)
- Education Law (1)
- Election Law (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- First Amendment (1)
- Food and Drug Law (1)
- Fourth Amendment (1)
- Housing Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Land Use Law (1)
- Keyword
-
- West Virginia (5)
- Home Rule (3)
- Local Government (3)
- Antidiscrimination Ordinances (1)
- Arrest Procedures (1)
-
- Bankruptcy (1)
- COVID-19 (1)
- Captive Cervid Farms (1)
- Chemical Exposures (1)
- Clemency (1)
- College Athletes (1)
- Conservation (1)
- Constitutional Law (1)
- Constitutional law (1)
- Coronavirus (1)
- Courts (1)
- Cybersecurity (1)
- Cybersecurity Infrastructure (1)
- Data Privacy (1)
- Data Usage (1)
- Debtors (1)
- Drone Operators (1)
- Drones (1)
- Eighth Amendment (1)
- Elections (1)
- Elections Law (1)
- Electronic cigarettes (1)
- Employment Law (1)
- Environmental Laws (1)
- European Union (1)
Articles 1 - 30 of 32
Full-Text Articles in Law
Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal
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 …
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
West Virginia Law Review
No abstract provided.
Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn
Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn
West Virginia Law Review
No abstract provided.
Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain
Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain
West Virginia Law Review
No abstract provided.
A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller
A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller
West Virginia Law Review
No abstract provided.
National Cybersecurity Innovation, Tabrez Y. Ebrahim
National Cybersecurity Innovation, Tabrez Y. Ebrahim
West Virginia Law Review
National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …
Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers
Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers
West Virginia Law Review
No abstract provided.
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
West Virginia Law Review
No abstract provided.
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
West Virginia Law Review
Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …
Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald
Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald
West Virginia Law Review
No abstract provided.
The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino
The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino
West Virginia Law Review
No abstract provided.
"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich
"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich
West Virginia Law Review
No abstract provided.
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
West Virginia Law Review
No abstract provided.
Uncertain Immunity: Assessing Qualified Immunity In The Context Of Post-Arrest Excessive-Force Claims Arising Prior To A Judicial Determination Of Probable Cause, J. Tyler Barton
West Virginia Law Review
No abstract provided.
Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey
Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey
West Virginia Law Review
No abstract provided.
Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien
Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien
West Virginia Law Review
No abstract provided.
Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger
Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger
West Virginia Law Review
No abstract provided.
The Threat Of Data Misuse As An Injury-In-Fact: Establishing A Uniform Framework For Constitutional Standing In The Privacy Era, Isabella Anderson
The Threat Of Data Misuse As An Injury-In-Fact: Establishing A Uniform Framework For Constitutional Standing In The Privacy Era, Isabella Anderson
West Virginia Law Review
No abstract provided.
A Thing Called Character: Bringing The Export-Import Bank Of The United States And West Virginia To The World, Kimberly A. Reed
A Thing Called Character: Bringing The Export-Import Bank Of The United States And West Virginia To The World, Kimberly A. Reed
West Virginia Law Review
No abstract provided.
Justice Diseased Is Justice Denied: Coronavirus, Court Closures, And Criminal Trials, Ryan Shymansky
Justice Diseased Is Justice Denied: Coronavirus, Court Closures, And Criminal Trials, Ryan Shymansky
West Virginia Law Review Online
This Article aims to consider the immediate impacts of the novel coronavirus on criminal defendants’ access to speedy trials by jury. In particular, it aims to examine whether court closures and delays could affect the substantive rights of criminal defendants—and particularly pretrial detainees—to a speedy and public trial by jury. To date, very little scholarship has considered this question. Yet the ideal of a speedy trial by jury is deeply embedded in our Constitution and our judicial system, and the potential for a pandemic to limit or negate that right should ring scholastic and judicial alarm bells.
This analysis proceeds …
Taxes, Theft, And Indian Tribes: Seeking An Equitable Solution To State Taxation Of Indian Country Commerce, Adam Crepelle
Taxes, Theft, And Indian Tribes: Seeking An Equitable Solution To State Taxation Of Indian Country Commerce, Adam Crepelle
West Virginia Law Review
No abstract provided.
Enhanced Civil Rights In Home Rule Jurisdictions: Newly Emerging Uas/Drone Use Ordinances, Jennifer A. Brobst
Enhanced Civil Rights In Home Rule Jurisdictions: Newly Emerging Uas/Drone Use Ordinances, Jennifer A. Brobst
West Virginia Law Review
No abstract provided.
Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.
Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.
West Virginia Law Review
No abstract provided.
On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon
On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon
West Virginia Law Review
No abstract provided.
Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson
Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson
West Virginia Law Review
No abstract provided.
States, Localities And Public Health, David Gartner
States, Localities And Public Health, David Gartner
West Virginia Law Review
No abstract provided.
Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra
Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra
West Virginia Law Review
Since San Francisco enacted the first paid sick leave ordinance in 2007, cities and counties across the country have quietly emerged as drivers of the modern labor movement. Local governments are now increasingly playing a pivotal role in developing, enacting, and enforcing workplace regulations ranging from local minimum wage increases to LGBTQ-inclusive nondiscrimination ordinances to fair scheduling requirements. As a result, the question of which level of government should have the power to regulate business and protect workers has become a flash point in contemporary state-local conflicts, inciting state legislatures to adopt far-reaching, sweeping preemption laws that eliminate local authority …