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Articles 1 - 30 of 46
Full-Text Articles in Law
Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder
Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder
West Virginia Law Review
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However, since Boumediene v. Bush was decided in 2008, there are several reasons not to despair Zadvydas’s demise
.
For one, Zadvydas spoke to an extremely narrow subset of cases. It granted a concession under the Due Process Clause to immigrants detained beyond the statutory 90-day removal period. It …
"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon
"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon
West Virginia Law Review
No abstract provided.
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
West Virginia Law Review
No abstract provided.
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
West Virginia Law Review
No abstract provided.
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
West Virginia Law Review
No abstract provided.
Sexism, Language, And The Law, Mary Ellen Griffith
Sexism, Language, And The Law, Mary Ellen Griffith
West Virginia Law Review
No abstract provided.
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
West Virginia Law Review
No abstract provided.
Thoughts On Decisionmaking, Patricia M. Wald
Thoughts On Decisionmaking, Patricia M. Wald
West Virginia Law Review
No abstract provided.
Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel
Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel
West Virginia Law Review
No abstract provided.
How Courts Govern America, H. John Rogers
How Courts Govern America, H. John Rogers
West Virginia Law Review
No abstract provided.
Ideas Of Relevance To Law, Mortimer J. Adler
Ideas Of Relevance To Law, Mortimer J. Adler
West Virginia Law Review
No abstract provided.
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
West Virginia Law Review
No abstract provided.
Territorial Due Process: Analysis Of An Emergent Doctrine, James Audley Mclaughlin
Territorial Due Process: Analysis Of An Emergent Doctrine, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost
The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost
West Virginia Law Review
Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.
National Institute Of Justice--A Proposal, Bert H. Early
National Institute Of Justice--A Proposal, Bert H. Early
West Virginia Law Review
No abstract provided.
The Delicate Balance Of Freedom, Robert E. Maxwell
The Delicate Balance Of Freedom, Robert E. Maxwell
West Virginia Law Review
No abstract provided.
Law Day Address, Frank C. Haymond
Foundations Of American Realism, Julius Paul
Foundations Of American Realism, Julius Paul
West Virginia Law Review
No abstract provided.
Judgment Non Obstante Veredicto, Leo Carlin
Judgment Non Obstante Veredicto, Leo Carlin
West Virginia Law Review
No abstract provided.
Is Law Disappearing?, Charles E. Clark
Substance And Procedure In Rule Making, Thomas H.S. Curd
Substance And Procedure In Rule Making, Thomas H.S. Curd
West Virginia Law Review
No abstract provided.
The Justice Of Our Cause, George Richardson Jr.
The Justice Of Our Cause, George Richardson Jr.
West Virginia Law Review
No abstract provided.
Our Changing Common Law, Ole E. Wyckoff
Our Changing Common Law, Ole E. Wyckoff
West Virginia Law Review
No abstract provided.
What Is Law, Roscoe Pound
Jurisprudence, Charles P. Wilhelm
How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound
How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound
West Virginia Law Review
No abstract provided.
Judicial Council Bill Becomes Law
The American Doctrine Of Judicial Supremacy, Charles G. Baker
The American Doctrine Of Judicial Supremacy, Charles G. Baker
West Virginia Law Review
No abstract provided.
Public Utilities I. The Quest For A Concept, Thomas P. Hardman
Public Utilities I. The Quest For A Concept, Thomas P. Hardman
West Virginia Law Review
No abstract provided.