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Articles 1 - 30 of 51
Full-Text Articles in Law
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
West Virginia Law Review
No abstract provided.
Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar
Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar
West Virginia Law Review
No abstract provided.
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
West Virginia Law Review
No abstract provided.
What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales
What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales
West Virginia Law Review
No abstract provided.
Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump
Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump
West Virginia Law Review
No abstract provided.
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
West Virginia Law Review
No abstract provided.
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
West Virginia Law Review
The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …
Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan
Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan
West Virginia Law Review
No abstract provided.
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
West Virginia Law Review
No abstract provided.
Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie K. Blake
Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie K. Blake
Law Faculty Scholarship
Despite the importance of access to healthcare for the disabled, the Americans with Disabilities Act (ADA) has made little inroads in reducing disability-based discrimination by health insurers in the United States. One reason is undoubtedly the ADA’s insurance safe harbor, which explicitly permits insurers to discriminate on the basis of disability in health insurance so long as the differential treatment is supported by actuarial data and is not just intended to disadvantage the disabled. While the safe harbor’s harms are somewhat limited by the advent of the Affordable Care Act (ACA), they are not entirely neutralized. This article argues that …
Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko
Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko
West Virginia Law Review
No abstract provided.
Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto
Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto
West Virginia Law Review
No abstract provided.
Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith
Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith
West Virginia Law Review
No abstract provided.
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
West Virginia Law Review
No abstract provided.
The History Of The West Virginia Code, Robert W. Kerns Jr.
The History Of The West Virginia Code, Robert W. Kerns Jr.
West Virginia Law Review
No abstract provided.
Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher
Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher
West Virginia Law Review
No abstract provided.
Highway To Hell: The Privatized Prison Transportation Industry And The Long Road To Reform, Jaden P. Rhea
Highway To Hell: The Privatized Prison Transportation Industry And The Long Road To Reform, Jaden P. Rhea
West Virginia Law Review
No abstract provided.
Creating Single-Member House Districts In West Virginia, Charles R. Russell
Creating Single-Member House Districts In West Virginia, Charles R. Russell
West Virginia Law Review
No abstract provided.
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
West Virginia Law Review
No abstract provided.
Engaging Health Insurers In The War On Prescription Painkillers, Valarie K. Blake
Engaging Health Insurers In The War On Prescription Painkillers, Valarie K. Blake
Law Faculty Scholarship
No abstract provided.
From Creativity To Classification: A Logical Approach To Patent Searching, Marian G. Armour-Gemmen
From Creativity To Classification: A Logical Approach To Patent Searching, Marian G. Armour-Gemmen
Faculty & Staff Scholarship
Engineering students and professors need to understand and search intellectual property. In the past, librarians have instructed them on using the United States Patent Classification (USPC). In 2015, after a period of transition, the United States Patent and Trademark Office phased out the USPC and began exclusively classifying in the Cooperative Patent Classification (CPC). This adoption presented librarians a challenge of instructing students and professors in the easiest and most effective patent search. By tying patent searching to an example and presenting classification in an understandable fashion using CPC in conjunction with USPC, this writer presents a logical directed search …
Water Rights Table, Jesse Richardson, Iris Aloi
Water Rights Table, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
This publication consists of two tables with information regarding water rights among the states. Table 1 summarizes each state’s common law water rights for both surface and percolating ground water, as well as whether the state has statutory rules that modify the common law rule. Table 2 briefly summarizes the type of regulated riparian requirements, the threshold at which the requirements apply, grandfathered water withdrawals and exemptions for those states that have regulated riparian rules.
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer
West Virginia Law Review
No abstract provided.