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Articles 1 - 30 of 32
Full-Text Articles in Law
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
West Virginia Law Review
No abstract provided.
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
West Virginia Law Review
No abstract provided.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
West Virginia Law Review
In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …
The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences, Greg Siepel
West Virginia Law Review
No abstract provided.
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
West Virginia Law Review
No abstract provided.
From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz
From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz
West Virginia Law Review
Since the United States enacted the National Environmental Policy Act (NEPA) in 1969, nations all around the world have adopted similar statutes. What started as a unique response to the American environmental movement grew to become a nearly global standard. Although the details of the regimes vary from country to country, there are two constants: (1) the regimes force the government to consider environmental impacts before conducting or authoriz- ing projects, and (2) they allow some degree of public participation. This Arti- cle focuses on the latter of these two features. Public participation in NEPA-style regimes generally means public consultation: …
Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii
Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii
West Virginia Law Review
Plaintiffs whose reputations have suffered irreparable injury from the distribution of defamatory statements have generally been permitted by law to recover damages from the enterprises that distributed the publications known to contain the defamatory material. However, when the enterprise that knowingly distributed the injurious content is an Internet service provider ("ISP"), present law denies that same plaintiff recovery. This perception of ISP immunity flows from a decision by the United States Court of Appeals for the Fourth Circuit in Zeran v. America Online, Inc., where the Court extended certain immunities offered by the Communications Decency Act of 1996 (the "CDA"). …
There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson
There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson
West Virginia Law Review
No abstract provided.
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
West Virginia Law Review
No abstract provided.
Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs
Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs
West Virginia Law Review
The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
Out Of The Shadows: Requiring Strategic Management Disclosure, Nadelle Grossman
Out Of The Shadows: Requiring Strategic Management Disclosure, Nadelle Grossman
West Virginia Law Review
Under federal securities laws and regulations, public companies must disclose to investors a considerable amount of information about their risk management processes to limit losses. In contrast, these companies need not disclose virtually anything about their strategic management processes to gen- erate gains. This mismatch in disclosure gives investors a distorted sense of firm processes to create value, undermining the federal securities laws' central purpose of creating informed investors. It also signals that risk management processes, which are cast in disclosure sunlight, are more important to firm success than strategic management processes, which remain in the shadows. To address these …
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
West Virginia Law Review
This Article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court's highly anticipated decision in Arizona v. UnitedStates.' I ar- gue that DACA not only was adopted in response to repeated failed efforts to pass the DREAM Act; it was also promulgated in anticipation of a possible fa- vorable ruling by the Court on S.B. 1070. In Part I, I examine the current sepa- ration of powers crisis in immigration policy. I look at both the context in which DACA was adopted and at challenges to DACA in Court …
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
West Virginia Law Review
No abstract provided.
Rural Roads To Acos: Inter-Community Collaboration Is Key To Rural Accountable Care Organizations' Success Under Medicare's Shared Savings Program, Justin Kearns
West Virginia Law Review
No abstract provided.
Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii
Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii
West Virginia Law Review
No abstract provided.
Dedication To Professor Franklin D. Cleckley, Amber M. Moore
Dedication To Professor Franklin D. Cleckley, Amber M. Moore
West Virginia Law Review
No abstract provided.
An Energy And Sustainability Roadmap For West Virginia, James M. Van Nostrand
An Energy And Sustainability Roadmap For West Virginia, James M. Van Nostrand
West Virginia Law Review
No abstract provided.
Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto
Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto
West Virginia Law Review
No abstract provided.
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
West Virginia Law Review
No abstract provided.
A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos
A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos
West Virginia Law Review
No abstract provided.
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
West Virginia Law Review
No abstract provided.
Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer
West Virginia Law Review
The cornerstone of the graduated enforcement scheme enacted to ensure safety in America's mines, significant and substantial has long been one of the Mine Safety and Health Administration's principal enforcement tools. In the 1969 Federal Coal Mine Health and Safety Act, Congress mandated that when a federal mine inspector issues a citation for a violation of a mandatory health or safety standard, the inspector must indicate whether the violation is one that "could significantly and substantially contribute to the cause and effect of a mine safety or health hazard." While Congress provided minimal guidance as to what it intended and …
A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie
A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie
West Virginia Law Review
No abstract provided.
Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon
West Virginia Law Review
No abstract provided.
From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush
From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush
West Virginia Law Review
No abstract provided.