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Articles 1 - 30 of 112
Full-Text Articles in Law
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
West Virginia Law Review
No abstract provided.
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
West Virginia Law Review
No abstract provided.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
West Virginia Law Review
No abstract provided.
One Rule To Compensate Them All, Noam Sher
One Rule To Compensate Them All, Noam Sher
West Virginia Law Review
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …
Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown
Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown
West Virginia Law Review
No abstract provided.
Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer
Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer
West Virginia Law Review
No abstract provided.
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
West Virginia Law Review
No abstract provided.
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
West Virginia Law Review
No abstract provided.
Robinson Crusoe Torts, Carl M. Sellinger
Robinson Crusoe Torts, Carl M. Sellinger
West Virginia Law Review
No abstract provided.
Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young
Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young
West Virginia Law Review
No abstract provided.
No Place Like Home: Public Policy And Prudent Practice In The Conflict Of Laws, Jeffrey Jackson
No Place Like Home: Public Policy And Prudent Practice In The Conflict Of Laws, Jeffrey Jackson
West Virginia Law Review
No abstract provided.
Paul V. National Life, Lex Loci Delicti And The Modern Rule: A Difference Without Distinction, Vernon A. (Bo) Melton Jr.
Paul V. National Life, Lex Loci Delicti And The Modern Rule: A Difference Without Distinction, Vernon A. (Bo) Melton Jr.
West Virginia Law Review
No abstract provided.
Tort Reform: The Reemergence Of Local Government Immunity: The West Virginia Governmental Tort Claims And Insurance Reform Act Of 1986, Johnny M. Knisely Ii
Tort Reform: The Reemergence Of Local Government Immunity: The West Virginia Governmental Tort Claims And Insurance Reform Act Of 1986, Johnny M. Knisely Ii
West Virginia Law Review
No abstract provided.
Torts, Gerald Bobango
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Torts, Jill L. Miles
Torts, Charles O. Lorenson
Torts, Bryan R. Cokeley
Torts, Camden P. Siegrist
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
West Virginia Law Review
In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …
Torts--Expanding The Concept Of Recovery For Mental And Emotional Injury, Jean Karen Dressler
Torts--Expanding The Concept Of Recovery For Mental And Emotional Injury, Jean Karen Dressler
West Virginia Law Review
No abstract provided.
Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers
Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers
West Virginia Law Review
No abstract provided.
Torts--Liability Imposed On General Contractor For Independent Contractor Negligence
Torts--Liability Imposed On General Contractor For Independent Contractor Negligence
West Virginia Law Review
No abstract provided.
Torts--Application Of Last Clear Judgement
Torts--Application Of Last Clear Judgement
West Virginia Law Review
No abstract provided.
Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core
Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core
West Virginia Law Review
No abstract provided.
Torts--Damages--Mother's Recovery For Emotional Trauma And Physical Injury When Not Within The Zone Of Impact
West Virginia Law Review
No abstract provided.
Tort Liability--Turnpike Commission, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert
Tort Liability--Turnpike Commission, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Robert Bruce King
Abstracts Of Recent Cases, Robert Bruce King
West Virginia Law Review
No abstract provided.