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Full-Text Articles in Law

From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain Feb 2024

From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain

West Virginia Law Review

The emergence of blockchain technology has transformed the financial landscape in many ways. From creating new cryptocurrencies to facilitating decentralized exchanges and smart contracts, blockchain has the potential to disrupt traditional financial institutions and reshape the way we conduct business. However, the adoption of blockchain technology has also raised concerns about its potential risks and challenges, such as its susceptibility to fraud, market manipulation, and money laundering. These concerns have led to calls for regulating blockchain technology to mitigate these risks and ensure the integrity and stability of financial markets. Recent collapses in the crypto market caused by the bankruptcy …


Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea Feb 2024

Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea

West Virginia Law Review

The veterans’ benefits system often describes itself as non-adversarial, meaning that the government is supposed to work with the claimant to provide them all benefits they are entitled to, rather than fighting to minimize what they receive. True enough, there are many unique features of the system that help veterans. But many of these features do not work as intended, and rules have developed at all stages that make it harder for veterans to recover. Moreover, as with any human institution, staff fall short, offices get overwhelmed, and gross delays pile up. This Article surveys the numerous ways that the …


Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer Dec 2016

Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer

West Virginia Law Review

No abstract provided.


Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy Sep 2016

Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy

West Virginia Law Review

No abstract provided.


The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck Apr 2016

The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck

West Virginia Law Review

No abstract provided.


Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey Apr 2016

Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey

West Virginia Law Review

No abstract provided.


Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas Apr 2016

Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas

West Virginia Law Review

No abstract provided.


Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin Sep 2015

Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin

West Virginia Law Review

No abstract provided.


Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey Dec 2014

Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey

West Virginia Law Review

No abstract provided.


Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker Dec 2014

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.


The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan Sep 2014

The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan

West Virginia Law Review

No abstract provided.


Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks Apr 2014

Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks

West Virginia Law Review

No abstract provided.


Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks Apr 2014

Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks

West Virginia Law Review

No abstract provided.


Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis Apr 2014

Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis

West Virginia Law Review

No abstract provided.


Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen Apr 2014

Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen

West Virginia Law Review

No abstract provided.


Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon Apr 2014

Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon

West Virginia Law Review

No abstract provided.


Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky Sep 2013

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 …


Rural Roads To Acos: Inter-Community Collaboration Is Key To Rural Accountable Care Organizations' Success Under Medicare's Shared Savings Program, Justin Kearns Sep 2013

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.


Out Of The Shadows: Requiring Strategic Management Disclosure, Nadelle Grossman Sep 2013

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 …


The Mpaa: A Script For An Antitrust Production, Ian G. Henry Sep 2013

The Mpaa: A Script For An Antitrust Production, Ian G. Henry

West Virginia Law Review

No abstract provided.


There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson Sep 2013

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.


Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee Apr 2011

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.


A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey Apr 2011

A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey

West Virginia Law Review

No abstract provided.


Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley Sep 2010

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley

West Virginia Law Review

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …


The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso Jan 2008

The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso

West Virginia Law Review

No abstract provided.


A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner Sep 2006

A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner

West Virginia Law Review

No abstract provided.


Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner Sep 2005

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.


The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore Sep 2004

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore

West Virginia Law Review

No abstract provided.


If Due Process Is A Big Tent, Why Do Some Feel Excluded From The Big Top, William S. Mattingly Jun 2003

If Due Process Is A Big Tent, Why Do Some Feel Excluded From The Big Top, William S. Mattingly

West Virginia Law Review

No abstract provided.


Administrative Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.