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Articles 1 - 30 of 46
Full-Text Articles in Law
Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran
Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran
West Virginia Law Review
No abstract provided.
Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin
Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin
West Virginia Law Review
Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.
Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee
Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee
West Virginia Law Review
The political boycott, though recently under attack through litigation aimed at compelled disclosure regimes, is a critical tool in constructing American democracy. Defining political boycotts as those refusals by consumers to buy goods or patronize businesses in order to effect political or social change, this Article is the first paper to place the political boycott at home in all three classic theories underlying the First Amendment: the marketplace of ideas, democracy and self-governance, and self-expression and autonomy. It also situates the boycott alongside current campaign finance doctrine via Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010). Just …
Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis
Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis
West Virginia Law Review
No abstract provided.
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
West Virginia Law Review
No abstract provided.
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
West Virginia Law Review
No abstract provided.
Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore
Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore
West Virginia Law Review
No abstract provided.
Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard
Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard
West Virginia Law Review
No abstract provided.
Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso
Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
In The Language Of Pictures: How Copyright Law Fails To Adequately Account For Photography, Teresa M. Bruce
In The Language Of Pictures: How Copyright Law Fails To Adequately Account For Photography, Teresa M. Bruce
West Virginia Law Review
No abstract provided.
Give It To Me Uniformly: West Virginia Wants Initial Disclosure, Evan Olds
Give It To Me Uniformly: West Virginia Wants Initial Disclosure, Evan Olds
West Virginia Law Review
No abstract provided.
A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti
A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti
West Virginia Law Review
No abstract provided.
Always Ask For A Brand-Name Drug: Trying To Untangle The Holding In Pliva V. Mensing, Elizabeth M. Lafayette
Always Ask For A Brand-Name Drug: Trying To Untangle The Holding In Pliva V. Mensing, Elizabeth M. Lafayette
West Virginia Law Review
No abstract provided.
The Legality Of Drilling Sideways: Horizontal Drilling And Its Future In West Virginia, Jason A. Proctor
The Legality Of Drilling Sideways: Horizontal Drilling And Its Future In West Virginia, Jason A. Proctor
West Virginia Law Review
No abstract provided.
Baker Tribute, Anne Marie Lofaso
The Regulation Of Private Police, Stephen Rushin
The Regulation Of Private Police, Stephen Rushin
West Virginia Law Review
Private police assume many of the same roles as traditional law enforcement. But courts and legislatures regulate public and private police very differently. This Article evaluates the statutory and judicial regulation of private police. By collecting and coding all state statutes related to the regulation of private police, I theorize on the inadequacies of the current regulatory scheme. I show that most state statutes only regulate a certain category of private police officers, leaving a substantial portion of the private policing industry virtually unregulated. Many state regulations of private police misunderstand, and thus inadequately protect against the threat posed by …
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
West Virginia Law Review
How can capital defense lawyers craft narratives that neutralize jurors' unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …
The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments, And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
West Virginia Law Review
No abstract provided.
The Intellectual Integrity Of Ed Baker, Vincent Blasi
The Intellectual Integrity Of Ed Baker, Vincent Blasi
West Virginia Law Review
No abstract provided.
Formal Equality, Formal Autonomy, And Political Legitimacy: A Response To Ed Baker, James Weinstein
Formal Equality, Formal Autonomy, And Political Legitimacy: A Response To Ed Baker, James Weinstein
West Virginia Law Review
No abstract provided.
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Delinquent And Non-Entered Lands And Due Process, John W. Fisher Ii
Delinquent And Non-Entered Lands And Due Process, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Are Pharmaceutical Sales Representatives Exempted From The Overtime-Pay Requirements Of The Fair Labor Standards Act?, Anne M. Lofaso
Are Pharmaceutical Sales Representatives Exempted From The Overtime-Pay Requirements Of The Fair Labor Standards Act?, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Funk Brothers - An Exercise Obviousness, Shine Tu
Funk Brothers - An Exercise Obviousness, Shine Tu
Law Faculty Scholarship
No abstract provided.
A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc., John P. Blanc
A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc., John P. Blanc
West Virginia Law Review
No abstract provided.
Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii
Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii
West Virginia Law Review
No abstract provided.
Civil Resistance And The Law: Nonviolent Transitions To Democracy, Charles R. Disalvo
Civil Resistance And The Law: Nonviolent Transitions To Democracy, Charles R. Disalvo
West Virginia Law Review
No abstract provided.
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
West Virginia Law Review
No abstract provided.