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Articles 1 - 30 of 372
Full-Text Articles in Law
The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson
The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson
West Virginia Law Review
Infertility treatments have become more accessible and widely used in the last 20 years. As more couples look to these treatments in their struggle to start a family, health insurers are lagging behind in coverage for these options. For the majority of women in the country, paying for infertility treatment out-ofpocket is unrealistic. Not all states have approached this issue but those who have vary in their approach. Some are utilizing either mandate-to-cover for private insurers or Medicaid coverage to attempt to make treatments and diagnosis more accessible. Without policy solutions, the inequality of access between socioeconomic statuses will remain. …
Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie
Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie
West Virginia Law Review
No abstract provided.
Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry
Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry
West Virginia Law Review
West Virginia has one of the highest rates of children in foster care—and thus removed from their families—in the United States. Recent scientific and social science research has shown that removing children from their parents’ home is a traumatic event in and of itself, causing further harm to children already experiencing abuse and neglect. Federal legislation in the past ten years requires that states make reasonable efforts to address issues of abuse and neglect prior to removing children from their homes. West Virginia, for many reasons, is not doing so. West Virginia’s state child welfare agency, Department of Health and …
Homeless Residency Restrictions, Ben A. Mcjunkin
Homeless Residency Restrictions, Ben A. Mcjunkin
West Virginia Law Review
Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
West Virginia Law Review
Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.
Although enacting a comprehensive data privacy law …
Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo
Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo
West Virginia Law Review
No abstract provided.
Broadband In The Mountain State: Connectivity Linked To Local Options, Denali S. Hendrick
Broadband In The Mountain State: Connectivity Linked To Local Options, Denali S. Hendrick
West Virginia Law Review
No abstract provided.
Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows
Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows
West Virginia Law Review
No abstract provided.
In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble
In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble
West Virginia Law Review
Public school advocates in West Virginia have long voiced sharp criticism over the state's funding of education-and justifiably so. Although more than one in four West Virginia children live in poverty, the state's school funding formula does not account for the increased costs associated with educating low-socioeconomic status ("SES") students. As a result, low-SES students are not receiving a constitutionally adequate and equitable education, by the state's own standards.
Now, in the wake of COVID-19, with mounting costs and challenges, allegations of "inadequacy" and "inequity" abound. Ifpast is prologue, districts that serve high concentrations of low-SES students will be the …
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 …
Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger
Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger
West Virginia Law Review
No abstract provided.
Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey
Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey
West Virginia Law Review
No abstract provided.
Home Rule In West Virginia, Robert M. Bastress Jr.
Home Rule In West Virginia, Robert M. Bastress Jr.
West Virginia Law Review
No abstract provided.
Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.
Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.
West Virginia Law Review
No abstract provided.
Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy
Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy
West Virginia Law Review
No abstract provided.
The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig
The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig
West Virginia Law Review
No abstract provided.
Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper
Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper
West Virginia Law Review
No abstract provided.
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
West Virginia Law Review
No abstract provided.
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
West Virginia Law Review
No abstract provided.
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
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.
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
West Virginia Law Review
No abstract provided.
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
West Virginia Law Review
No abstract provided.
Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke
West Virginia Law Review
No abstract provided.
One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore
One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore
West Virginia Law Review
No abstract provided.
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
West Virginia Law Review
No abstract provided.
Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner
Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner
West Virginia Law Review
No abstract provided.
Would You Like Fries With That? Staying "Open For Business" In A Tourism-Based Post-Coal Economy, Walton C. Shepard
Would You Like Fries With That? Staying "Open For Business" In A Tourism-Based Post-Coal Economy, Walton C. Shepard
West Virginia Law Review
No abstract provided.
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
West Virginia Law Review
No abstract provided.
A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos
A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos
West Virginia Law Review
No abstract provided.