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Articles 1 - 30 of 34
Full-Text Articles in Law
Russell C. Dunbar: A Wise And Understanding Heart, Forest J. Bowman
Russell C. Dunbar: A Wise And Understanding Heart, Forest J. Bowman
West Virginia Law Review
No abstract provided.
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
West Virginia Law Review
No abstract provided.
Russell C. Dunbar, James M. Sprouse
A Proposed West Virginia Response To The Initiative Of Regulation D, James A. Russell Jr.
A Proposed West Virginia Response To The Initiative Of Regulation D, James A. Russell Jr.
West Virginia Law Review
No abstract provided.
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
West Virginia Law Review
No abstract provided.
West Virginia's Reimbursement Statute: The Hidden Costs Of Institutionalization, Samme L. Gee
West Virginia's Reimbursement Statute: The Hidden Costs Of Institutionalization, Samme L. Gee
West Virginia Law Review
"Fate makes our relatives... ", The treatment, care and maintenance received by the mentally ill and the mentally retarded in state hospitals do not fall into the traditional category of public welfare. Unlike other programs which assist the disadvantaged, most mental health laws impose a statutory duty on the recipient or his family to reimburse the state for all or part of the maintenance and treatment costs. West Virginia is among the jurisdictions which have adopted such laws. This state has statutory provisions5 which require reimbursement from the patient and designated family members. The amount the patient, or his family, …
The Bad Blood Factor And 302 Redemptions: A Retrospective Examination And Analysis, Joseph J. Miller
The Bad Blood Factor And 302 Redemptions: A Retrospective Examination And Analysis, Joseph J. Miller
West Virginia Law Review
No abstract provided.
Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin
Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin
West Virginia Law Review
No abstract provided.
Controlling Acid Rain: The Clean Air Act And Federal Common Law Nuisance, Debra G. Archer
Controlling Acid Rain: The Clean Air Act And Federal Common Law Nuisance, Debra G. Archer
West Virginia Law Review
No abstract provided.
Universal Scrubbing: Cleaning The Air, Eugene M. Trisko
Universal Scrubbing: Cleaning The Air, Eugene M. Trisko
West Virginia Law Review
No abstract provided.
Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan
Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan
West Virginia Law Review
No abstract provided.
The Federal Surface Mining Control And Reclamation Act Of 1977--First To Survive A Direct Tenth Amendment Attack, Dennis Abrams
The Federal Surface Mining Control And Reclamation Act Of 1977--First To Survive A Direct Tenth Amendment Attack, Dennis Abrams
West Virginia Law Review
On June 15, 1981, the Federal Surface Mining Control and Reclamation Act became the first federal environmental law to survive direct tenth amendment challenges in the United States Supreme Court. These challenges, asserted by the sovereign states of Virginia and Indiana, have perhaps signaled the end of a very uncertain beginning for SMCRA. In Virginia Surface Mining and its companion case, Hodel v. Indiana, the Court put to rest the notion that SMCRA violates the Constitution by infringing upon powers reserved to or preserved for the states by the tenth amendment. This note looks at the coal mining industry and …
Monitoring Foreign Investment In Energy Resources: Problems And Proposals, James J. Friedberg
Monitoring Foreign Investment In Energy Resources: Problems And Proposals, James J. Friedberg
West Virginia Law Review
No abstract provided.
Commerce Clause V. Coal Severance Taxation, Wray Voegelin
Commerce Clause V. Coal Severance Taxation, Wray Voegelin
West Virginia Law Review
No abstract provided.
Agricultural Land Preservation By Local Government, Thomas R. Michael
Agricultural Land Preservation By Local Government, Thomas R. Michael
West Virginia Law Review
No abstract provided.
Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell
Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell
West Virginia Law Review
No abstract provided.
In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler
West Virginia Law Review
No abstract provided.
Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams
Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams
West Virginia Law Review
No abstract provided.
How Courts Govern America, H. John Rogers
How Courts Govern America, H. John Rogers
West Virginia Law Review
No abstract provided.
John Locke's Theory Of Government And Fundamental Constitutional Rights: A Proposal For Understanding, Nicholas L. Divita
John Locke's Theory Of Government And Fundamental Constitutional Rights: A Proposal For Understanding, Nicholas L. Divita
West Virginia Law Review
No abstract provided.
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
West Virginia Law Review
Industrial relations and collective bargaining have come a long way since the violent industrial and economic warfare of the pre-1940's period. But as labor unions and business organizations became more facially "professional" in their relationship, some union rank and file members have viewed this professionalism as being both restrictive and conservative and have chosen to resolve certain industrial grievances through the use of wildcat work stoppages. This discordant practice has created strains in the collective bargaining relationship of the negotiating union and the employer, in legal actions to enforce the collective bargaining argeement, in the relationship between the union and …
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
West Virginia Law Review
By enacting the Bankruptcy Reform Act of 1978, Congress significantly increased the stature and influence of bankruptcy law in our legal system and in society. Consistent with this, Congress sought to improve the quality of legal services rendered to clients in bankruptcy. cases by enhancing the recoverability of attorney fees for such services. In this article, the author treats the criteria a bankruptcy court will likely employ in deciding the reasonableness and recoverability of an attorney fee for services in cases under the Reform Act. The author attempts to show that an attorney who uses some forthought and attention to …
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
West Virginia Law Review
This article suggests several methods by which investors in industrial development bonds may be protected, in the event of the bankruptcy of the corporate borrower, from the preferential transfer rules of the federal bankruptcy laws. The key to protecting the investors from having payments made to them set aside by the bankruptcy trustee as voidable preferences is shown to lie in the structuring of the bond transaction. The authors indicate how proper structuring of the bond transaction may allow investors to keep pre-bankruptcy payments made by the corporate borrower, while doing no violence to the terms of section 547 of …
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
West Virginia Law Review
This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are …
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
West Virginia Law Review
Bankruptcy is premised in part on the desire to allow individuals to retain enough assets to begin life over. As part of this premise, Congress enacted section 522(f)(2) of the Bankruptcy Act of 1978. This provision allows debtors to avoid nonpossessory, nonpurchase money security interests in otherwise exempt property. This provision has created problems, however, as debtors have argued that it acts retroactively to void security interests created before the Act's enactment date. In Rodrock v. Security Industrial Bank, the Supreme Court will decide whether Congress intended such retroactive application to occur, and if it did, whether such action constitutes …
Survey Of Developments In The Fourth Circuit: 1981
Survey Of Developments In The Fourth Circuit: 1981
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
Cameras In The Courts--A Revival In West Virginia And The Nation, Larry V. Starcher
Cameras In The Courts--A Revival In West Virginia And The Nation, Larry V. Starcher
West Virginia Law Review
No abstract provided.
The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker
The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker
West Virginia Law Review
No abstract provided.
Hazardous Waste Management Act--Closing The Circle, David M. Flannery, Kim Brown Poland
Hazardous Waste Management Act--Closing The Circle, David M. Flannery, Kim Brown Poland
West Virginia Law Review
No abstract provided.