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Articles 151 - 180 of 4375
Full-Text Articles in Law
When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan
When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan
West Virginia Law Review
No abstract provided.
Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake
Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake
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 …
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.
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 …
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.
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 …
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 …
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.
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 …
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 …
Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain
Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain
West Virginia Law Review
No abstract provided.
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
West Virginia Law Review
Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …
Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers
Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers
West Virginia Law Review
No abstract provided.
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
West Virginia Law Review
No abstract provided.
A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller
A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller
West Virginia Law Review
No abstract provided.
Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn
Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn
West Virginia Law Review
No abstract provided.
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
West Virginia Law Review
No abstract provided.
Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald
Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald
West Virginia Law Review
No abstract provided.
National Cybersecurity Innovation, Tabrez Y. Ebrahim
National Cybersecurity Innovation, Tabrez Y. Ebrahim
West Virginia Law Review
National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …
A Thing Called Character: Bringing The Export-Import Bank Of The United States And West Virginia To The World, Kimberly A. Reed
A Thing Called Character: Bringing The Export-Import Bank Of The United States And West Virginia To The World, Kimberly A. Reed
West Virginia Law Review
No abstract provided.
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
West Virginia Law Review
No abstract provided.