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West Virginia University

2020

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Articles 1 - 30 of 84

Full-Text Articles in Law

2019-2020 Annual Report, Caroline L. Osborne Dec 2020

2019-2020 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.


Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal Dec 2020

Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal

West Virginia Law Review Online

This article pulls up and highlights a land use restriction, or financial burden, imposed upon West Virginia private real estate owners who inadvertently uncover human skeletal remains in unmarked graves on their property. In this state, those coming across human bones that historians and archaeologists eventually deem have no historical or archeological significance have a choice—pay the costs to have the bones removed and reinterred or cover the bones and use the property only as a cemetery in perpetuity. This burden becomes more acute when comparing West Virginia’s law to those of other states that require government officials, at public …


Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker Dec 2020

Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker

West Virginia Law Review

No abstract provided.


Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn Dec 2020

Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn

West Virginia Law Review

No abstract provided.


Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain Dec 2020

Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain

West Virginia Law Review

No abstract provided.


A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller Dec 2020

A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller

West Virginia Law Review

No abstract provided.


National Cybersecurity Innovation, Tabrez Y. Ebrahim Dec 2020

National Cybersecurity Innovation, Tabrez Y. Ebrahim

West Virginia Law Review

National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …


Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers Dec 2020

Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers

West Virginia Law Review

No abstract provided.


The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner Dec 2020

The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner

West Virginia Law Review

No abstract provided.


The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea Dec 2020

The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea

West Virginia Law Review

Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …


Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald Dec 2020

Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald

West Virginia Law Review

No abstract provided.


Undefeated - Bike To Vote Exhibit Panel, Sally Brown Nov 2020

Undefeated - Bike To Vote Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.


Undefeated - Anti-Vote Sintra Circles, Sally Brown Sep 2020

Undefeated - Anti-Vote Sintra Circles, Sally Brown

Undefeated Exhibit Panels

Undefeated - Two 18-inch sintra material circles with repeated text "YOUR VOTE DOESN'T MATTER" in an inverse spiral. One circle is white letters on black background; other circle is black letters on white background.


Undefeated - How The Us Compares In Voter Turnout Exhibit Panel, Sally Brown Sep 2020

Undefeated - How The Us Compares In Voter Turnout Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - How the US Compares in Voter Turnout poster

The poster is an infographic representation comparing the voter turnout as a percentage of the population in the United States with the voter turnout in other countries. The square miles area of the United Sates and Canada are also represented.


Undefeated - Voter Intimidation Exhibit Panel, Sally Brown Sep 2020

Undefeated - Voter Intimidation Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Voter Intimidation poster

Seven subtle or not-so-subtle voter intimidation tactics are listed.


Undefeated - Vote Have Something To Celebrate Exhibit Panel, Sally Brown Sep 2020

Undefeated - Vote Have Something To Celebrate Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - VOTE Have Something to Celebrate poster

The poster includes voter percentage statistics from the 2016 election in the US and in West Virginia. Voter registration statistics are also presented. The poster includes an image of Justice Ruther Bader Ginsburg and and image stating that "70% of young adults lose their voice at the polls".


Undefeated - Disinformation Memes Exhibit Panel, Sally Brown Sep 2020

Undefeated - Disinformation Memes Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Disinformation memes poster

The poster displays memes for encouraging seeking true voter information to and calls out Facebook for allowing fake news


Undefeated - An Even More Ugly Example! Exhibit Panel, Sally Brown Sep 2020

Undefeated - An Even More Ugly Example! Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - An Even More Ugly Example! poster

"This What Gerrymandering Looks Like" display of West Virginia redistricting.


Undefeated - West Virginia Voting Rights Timeline Exhibit Panel, Sally Brown Sep 2020

Undefeated - West Virginia Voting Rights Timeline Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - West Virginia Voting Rights Timeline poster

Timeline of West Virginia voting laws and suffrage organization establishment.


Undefeated - Voter Id Laws Exhibit Panel, Sally Brown Sep 2020

Undefeated - Voter Id Laws Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Voter ID Laws poster

Voter ID laws reduce voter turnout. Photo ID requirement more severely impact minorities and women voters. In the past 14 years, per 1 billion voters, 31 cases of identity misuse has been identified.


Undefeated - Gerrymandering / Jim Crow Exhibit Panel, Sally Brown Sep 2020

Undefeated - Gerrymandering / Jim Crow Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Gerrymandering / Jim Crow poster

Definitions of redistricting, malapportionment and gerrymandering as means of voter suppression.


Undefeated - Disenfranchisement Exhibit Panel, Sally Brown Sep 2020

Undefeated - Disenfranchisement Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Disenfranchisement poster

Convicted felons in the US do not have the right to vote. African Americans disenfranchisement rate is 1:13 voters, while the nonblack Americans rate is 1: 56.


Undefeated - Advocacy/Action Exhibit Panel, Sally Brown Sep 2020

Undefeated - Advocacy/Action Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.


Undefeated - Elections Matter Exhibit Panel, Sally Brown Sep 2020

Undefeated - Elections Matter Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Elections matter poster

The poster draws attention to the ways that Congressional districts have been mapped inconsistently.


Undefeated - Women Still Don't Have Equal Rights (Or = Pay) Exhibit Panel, Sally Brown Sep 2020

Undefeated - Women Still Don't Have Equal Rights (Or = Pay) Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Women Still Don't have Equal Rights (Or = Pay) poster

History of Equal Rights Amendments for Women.


Undefeated - Richard Chance Quote Exhibit Panel, Sally Brown Sep 2020

Undefeated - Richard Chance Quote Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Richard Chance Quotation poster

"We're the only advanced democracy that deliberately discourages people from voting." Richard Chance / The Guardian


Undefeated - Jim Crow Laws Ended With The Civil Rights Act, Or Not? Exhibit Panel, Sally Brown Sep 2020

Undefeated - Jim Crow Laws Ended With The Civil Rights Act, Or Not? Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.


Undefeated - Voter Suppression Quote Exhibit Panel, Sally Brown Sep 2020

Undefeated - Voter Suppression Quote Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.


Undefeated - The Importance Of Bipartisanship Exhibit Panel, Sally Brown Sep 2020

Undefeated - The Importance Of Bipartisanship Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - The Importance of Bipartisanship poster

"Let us not seek the Republican answer or the Democratic answer, but the right answer." "Let us not seek to fix the blame for the past, let us accept our own responsibility for the future."


Undefeated - Election Issues Dial Exhibit Panel, Sally Brown Sep 2020

Undefeated - Election Issues Dial Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Election Issues Dial poster

A dial that asks "Is the US currently representing your views on priorities as a world power? No? Then VOTE". Under the dial are issues such as immigrants, gun deaths, poverty, healthcare, gender gap, energy, education and largest economy.