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Articles 1501 - 1530 of 4375
Full-Text Articles in Law
John Locke's Theory Of Government And Fundamental Constitutional Rights: A Proposal For Understanding, Nicholas L. Divita
John Locke's Theory Of Government And Fundamental Constitutional Rights: A Proposal For Understanding, Nicholas L. Divita
West Virginia Law Review
No abstract provided.
In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler
West Virginia Law Review
No abstract provided.
Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell
Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell
West Virginia Law Review
No abstract provided.
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
West Virginia Law Review
Industrial relations and collective bargaining have come a long way since the violent industrial and economic warfare of the pre-1940's period. But as labor unions and business organizations became more facially "professional" in their relationship, some union rank and file members have viewed this professionalism as being both restrictive and conservative and have chosen to resolve certain industrial grievances through the use of wildcat work stoppages. This discordant practice has created strains in the collective bargaining relationship of the negotiating union and the employer, in legal actions to enforce the collective bargaining argeement, in the relationship between the union and …
Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams
Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams
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.
Agricultural Land Preservation By Local Government, Thomas R. Michael
Agricultural Land Preservation By Local Government, Thomas R. Michael
West Virginia Law Review
No abstract provided.
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
West Virginia Law Review
This article suggests several methods by which investors in industrial development bonds may be protected, in the event of the bankruptcy of the corporate borrower, from the preferential transfer rules of the federal bankruptcy laws. The key to protecting the investors from having payments made to them set aside by the bankruptcy trustee as voidable preferences is shown to lie in the structuring of the bond transaction. The authors indicate how proper structuring of the bond transaction may allow investors to keep pre-bankruptcy payments made by the corporate borrower, while doing no violence to the terms of section 547 of …
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
West Virginia Law Review
This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are …
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
West Virginia Law Review
Bankruptcy is premised in part on the desire to allow individuals to retain enough assets to begin life over. As part of this premise, Congress enacted section 522(f)(2) of the Bankruptcy Act of 1978. This provision allows debtors to avoid nonpossessory, nonpurchase money security interests in otherwise exempt property. This provision has created problems, however, as debtors have argued that it acts retroactively to void security interests created before the Act's enactment date. In Rodrock v. Security Industrial Bank, the Supreme Court will decide whether Congress intended such retroactive application to occur, and if it did, whether such action constitutes …
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
West Virginia Law Review
By enacting the Bankruptcy Reform Act of 1978, Congress significantly increased the stature and influence of bankruptcy law in our legal system and in society. Consistent with this, Congress sought to improve the quality of legal services rendered to clients in bankruptcy. cases by enhancing the recoverability of attorney fees for such services. In this article, the author treats the criteria a bankruptcy court will likely employ in deciding the reasonableness and recoverability of an attorney fee for services in cases under the Reform Act. The author attempts to show that an attorney who uses some forthought and attention to …
Survey Of Developments In The Fourth Circuit: 1981
Survey Of Developments In The Fourth Circuit: 1981
West Virginia Law Review
No abstract provided.
Cameras In The Courts--A Revival In West Virginia And The Nation, Larry V. Starcher
Cameras In The Courts--A Revival In West Virginia And The Nation, Larry V. Starcher
West Virginia Law Review
No abstract provided.
The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker
The Due-On-Sale Mortgage Clause As A Method Of Reconciling The Competing Interests Of Lender And Borrower, Brenda D. Crocker
West Virginia Law Review
No abstract provided.
Hazardous Waste Management Act--Closing The Circle, David M. Flannery, Kim Brown Poland
Hazardous Waste Management Act--Closing The Circle, David M. Flannery, Kim Brown Poland
West Virginia Law Review
No abstract provided.
Into The Mire Of Uncertainty: Union Disciplinary Fines And Nlra 8(B)(1)(A), James B. Zimarowski
Into The Mire Of Uncertainty: Union Disciplinary Fines And Nlra 8(B)(1)(A), James B. Zimarowski
West Virginia Law Review
The scope and variety of the... problems suggest that Section 8(b)(1) may plunge the Board [National Labor Relations Board] into a dismal swamp of uncertainty. Its vagueness alone, not to mention the broad interpretations put upon it in debates in Congress, encourages the filing of great numbers of charges.... A long period of uncertainty and heavy volume of litigations will be necessary before questions of interpretation can be solved. Professor Cox's prediction has proved to be accurate. The legal parameters of appropriate vis-à-vis inappropriate levying of disciplinary fines is still developing. This development is on a slow case by case …
Talbert V. City Of Richmond, John Lewis
Talbert V. City Of Richmond, John Lewis
West Virginia Law Review
No abstract provided.
Sate Ex Rel. Watson V. Ferguson: Double Jeopardy And The Same Transaction Test, David W. Frame
Sate Ex Rel. Watson V. Ferguson: Double Jeopardy And The Same Transaction Test, David W. Frame
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
Property Settlements In Divorce Proceedings: Patterson V. Patterson Case, Rita Greene
Property Settlements In Divorce Proceedings: Patterson V. Patterson Case, Rita Greene
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.
The Developing Law Involving The Teacher's Right To Teach, Frank R. Kemerer, Stephanie Abraham Hirsh
The Developing Law Involving The Teacher's Right To Teach, Frank R. Kemerer, Stephanie Abraham Hirsh
West Virginia Law Review
No abstract provided.
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
The Uniform Child Custody Jurisdiction Act: An Analysis Of Its History, A Prediction Of Its Future, Jane Moran
The Uniform Child Custody Jurisdiction Act: An Analysis Of Its History, A Prediction Of Its Future, Jane Moran
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.
Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey
Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey
West Virginia Law Review
The cornerstone of informal rulemaking is the notice and comment procedure. Through this simple, and often efficient system, administrative agencies perform many of their delegated duties. This broad delegation, however, carries with it a substantial burden. Administrative agencies must decide controversial and complex issues that affect all facets of American life. The failure of the rulemaking procedure may unduly delay the implementation of laws which are designed to protect the health of workers, preserve the environment, and insure that the nation's business proceeds in an orderly fashion. It is therefore necessary to properly adhere to rulemaking procedures in order that …
A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.
A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.
West Virginia Law Review
No abstract provided.
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
West Virginia Law Review
No abstract provided.
Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer
Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer
West Virginia Law Review
No abstract provided.
The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman
The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman
West Virginia Law Review
No abstract provided.