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West Virginia University

1983

Articles 1 - 30 of 60

Full-Text Articles in Law

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley Oct 1983

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


The Utility Of Recklessness, Willard D. Lorensen Sep 1983

The Utility Of Recklessness, Willard D. Lorensen

West Virginia Law Review

No abstract provided.


The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck Sep 1983

The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck

West Virginia Law Review

No abstract provided.


Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel Sep 1983

Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel

West Virginia Law Review

No abstract provided.


Article Six Bulk Transfers: Thirty Years Of Confusion, Steven F. Brines Sep 1983

Article Six Bulk Transfers: Thirty Years Of Confusion, Steven F. Brines

West Virginia Law Review

No abstract provided.


Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis Sep 1983

Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis

West Virginia Law Review

In Jaffree v. Board of School Commissioners, the United States District Court for the Southern District of Alabama upheld, against a constitutional challenge, teacher led school prayers. In the companion case of Jaffree v. James, the court upheld the Alabama Prayer Law which permitted state sanctioned prayers in public schools. The religious exercises and the Prayer Law were, of course, unconstitutional when viewed in light of decisions of the United States Supreme Court holding that the first amendment erected a wall of separation between church and state. When faced with direct and settled precedent, the lower federal courts generally follow …


Deregulation Of The Banking Industry In The 1980'S, Colleen A. Coyne Sep 1983

Deregulation Of The Banking Industry In The 1980'S, Colleen A. Coyne

West Virginia Law Review

No abstract provided.


Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy Sep 1983

Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy

West Virginia Law Review

No abstract provided.


The Exception Swallows The Rule: Market Conditions As A Factor Other Than Sex In Title Vii Disparate Impact Litigation, Judith A. Pauley Sep 1983

The Exception Swallows The Rule: Market Conditions As A Factor Other Than Sex In Title Vii Disparate Impact Litigation, Judith A. Pauley

West Virginia Law Review

No abstract provided.


Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota Sep 1983

Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota

West Virginia Law Review

No abstract provided.


Henry D'Alton Collins, E. Gordon Gee Sep 1983

Henry D'Alton Collins, E. Gordon Gee

West Virginia Law Review

No abstract provided.


West Virginia's Racial Heritage: Not Always Free, A. Leon Higginbotham Jr. Sep 1983

West Virginia's Racial Heritage: Not Always Free, A. Leon Higginbotham Jr.

West Virginia Law Review

No abstract provided.


Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law Jun 1983

Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law

West Virginia Law Review

No abstract provided.


Legal Implications Of A Permanent Manned Presence In Space, Delbert D. Smith Schnader, Harrison, Segal & Lewis, Stefan M. Lopathiewicz, Martin A. Rothblatt Jun 1983

Legal Implications Of A Permanent Manned Presence In Space, Delbert D. Smith Schnader, Harrison, Segal & Lewis, Stefan M. Lopathiewicz, Martin A. Rothblatt

West Virginia Law Review

No abstract provided.


Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law Jun 1983

Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law

West Virginia Law Review

During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …


Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law Jun 1983

Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law

West Virginia Law Review

No abstract provided.


Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law Jun 1983

Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law

West Virginia Law Review

No abstract provided.


Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law Jun 1983

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.


Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law Jun 1983

Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law

West Virginia Law Review

No abstract provided.


Rail Rates For Coal Transportation: An Icc Decision Costly To Shippers, Ben David Shiriak May 1983

Rail Rates For Coal Transportation: An Icc Decision Costly To Shippers, Ben David Shiriak

West Virginia Law Review

No abstract provided.


United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan May 1983

United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan

West Virginia Law Review

In the past decade the search for new and alternative energy sources has brought to the forefront a number of legal problems which have restricted the ability of industry to produce certain resources. Coalbed gas is one potential energy source whose development has been significantly impeded by legal questions. Ironically, the technical problems in coalbed gas exploitation, which in the past appeared insurmountable, have become secondary to the more complicated ownership issue. The uncertainty surrounding the ownership of coalbed gas rights has hampered development of this vital energy source. Surface owners and gas lessees have attempted to lay claim to …


Federal Tort Liability For Negligent Mine Safety Inspections, W. Eugene Basanta May 1983

Federal Tort Liability For Negligent Mine Safety Inspections, W. Eugene Basanta

West Virginia Law Review

No abstract provided.


The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii May 1983

The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii

West Virginia Law Review

No abstract provided.


The Coal Depletion Allowance Deduction, Martin J. Mcmahon Jr. May 1983

The Coal Depletion Allowance Deduction, Martin J. Mcmahon Jr.

West Virginia Law Review

No abstract provided.


Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler May 1983

Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler

West Virginia Law Review

No abstract provided.


Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg May 1983

Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg

West Virginia Law Review

No abstract provided.


Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell May 1983

Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell

West Virginia Law Review

No abstract provided.


The Staggers Rail Act Of 1980: Deregulation Gone Awry, Ben Johnson, Sharon D. Thomas May 1983

The Staggers Rail Act Of 1980: Deregulation Gone Awry, Ben Johnson, Sharon D. Thomas

West Virginia Law Review

No abstract provided.


Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn May 1983

Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.


Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith May 1983

Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith

West Virginia Law Review

No abstract provided.