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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 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 …


Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald

West Virginia Law Review

No abstract provided.


Masthead Volume 123, Issue 1 Sep 2020

Masthead Volume 123, Issue 1

West Virginia Law Review

No abstract provided.


The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino Sep 2020

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 Sep 2020

"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich

West Virginia Law Review

No abstract provided.


Front Matter Sep 2020

Front Matter

West Virginia Law Review

No abstract provided.


"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro Sep 2020

"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 Sep 2020

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 Sep 2020

Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey

West Virginia Law Review

No abstract provided.


Table Of Contents Sep 2020

Table Of Contents

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 May 2020

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 Apr 2020

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 Apr 2020

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. Apr 2020

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 Apr 2020

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 Apr 2020

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 Apr 2020

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 Apr 2020

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 …