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Articles 1 - 12 of 12
Full-Text Articles in Law
Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson
Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson
West Virginia Law Review
No abstract provided.
An Osm For Iot: Establishing An Office Of Special Masters To Resolve Certain Cases Involving The Internet Of Things, Abigail Perdue, Bethany Corbin
An Osm For Iot: Establishing An Office Of Special Masters To Resolve Certain Cases Involving The Internet Of Things, Abigail Perdue, Bethany Corbin
West Virginia Law Review
No abstract provided.
Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin
Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin
West Virginia Law Review
The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …
Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod
Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod
West Virginia Law Review
No abstract provided.
Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle
Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle
West Virginia Law Review
The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …
Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson
Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson
West Virginia Law Review
No abstract provided.
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
West Virginia Law Review
When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …
The Founders' Multi-Purpose Chief Justice: The English Origins Of The American Chief Justiceship, Justin W. Aimonetti, Jackson A. Myers
The Founders' Multi-Purpose Chief Justice: The English Origins Of The American Chief Justiceship, Justin W. Aimonetti, Jackson A. Myers
West Virginia Law Review
During the founding era, the American Chief Justice was nearly unrecognizable to modern eyes. Rather than a purely judicial officer, the Chief Justice was a multi-purpose minister, serving as a judge, an administrator, a diplomat, and an advisor. He was what we call the “multi-purpose Chief Justice.” The multi-purpose Chief Justice of the Early Republic originated with the ancient English office of the Lord Chief Justice. English judges historically served as multi-purpose ministers to the king, engaging in administrative and even political tasks. This was especially true for the Lord Chief Justice. Even as other English judges settled into more …
Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck
Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck
West Virginia Law Review
Despite its natural resource wealth, West Virginia today ranks last among all states in its residents’ overall sense of well-being, a puzzle that economists call “the resource curse.” Much of West Virginia’s wealth, in the form of coal, oil, and gas, left the state in the late nineteenth and early twentieth centuries before the state could tax it. This discouraging story was not inevitable. In 1905, a Morgantown lawyer named George C. Baker led an effort to tax coal, oil, and gas leases as personal property that nearly succeeded. Baker and his allies, Governor William M.O. Dawson and Tax Commissioner …
Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell
Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell
West Virginia Law Review
Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work has emerged in recent years to test for bias in machine learning and AI systems using various fairness and bias metrics. Often these fairness metrics address technical bias, but not the underlying cause of inequality: social bias. In this Article we make three contributions. First, we assess the compatibility of fairness metrics …
Copyright Protection For Patents: Some Surprising Implications For Artificial Intelligence, Dean Alderucci
Copyright Protection For Patents: Some Surprising Implications For Artificial Intelligence, Dean Alderucci
West Virginia Law Review
Over the course of two centuries the US. patent system has generated an expansive compilation of millions of patents, each explaining how to make and use patented technology. Collectively these documents describe the details of inventions in virtually every field of science and engineering, representing a technical database crowdsourced from a global community of inventors. Although this corpus of technical knowledge was originally designed for its role in the U.S. patent system, contemporary Artificial Intelligence ("Al") and Natural Language Processing ("NLP') technologies allow patent text to be used in many productive new ways. In this Article I describe how Al …
Use Of Artificial Intelligence To Determine Copyright Liability For Musical Works, Shine Sean Tu
Use Of Artificial Intelligence To Determine Copyright Liability For Musical Works, Shine Sean Tu
West Virginia Law Review
This article explores the use of Artificial Intelligence to help define the existing test for copyright infringement for musical works. Currently, the test for copyright infringement requires the jury or a judge to determine whether the parties' works are "substantially similar" to each other from the vantage point of the "ordinary observer." This "substantial similarity" test has been criticized at almost every level due to its inconsistent nature. Artificial Intelligence has evolved to the point where it can be used as a tool to resolve many of the current issues associated with the "substantial similarity" test when it comes to …