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West Virginia Law Review

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Articles 1531 - 1560 of 4375

Full-Text Articles in Law

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons Jun 1981

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons

West Virginia Law Review

No abstract provided.


Safety In The United Kingdom's Deep Coal Mines, John L. Collinson Jun 1981

Safety In The United Kingdom's Deep Coal Mines, John L. Collinson

West Virginia Law Review

No abstract provided.


Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff Jun 1981

Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query Jun 1981

The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query

West Virginia Law Review

To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …


Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr. Jun 1981

Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.

West Virginia Law Review

No abstract provided.


Essay--Assumption Of Risk: Casuistry In The Law Of Negligence, Christ Gaetanos Apr 1981

Essay--Assumption Of Risk: Casuistry In The Law Of Negligence, Christ Gaetanos

West Virginia Law Review

No abstract provided.


First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick Apr 1981

First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick

West Virginia Law Review

No abstract provided.


Pregnancy And Hiring Discrimination, April L. Dowler Apr 1981

Pregnancy And Hiring Discrimination, April L. Dowler

West Virginia Law Review

The employer looks over the application on his desk. The applicant has the right educational requirements; her references are impressive; she has experience which would greatly benefit her in the position. She looks like a good prospect. The employer buzzes his secretary and requests that the applicant be shown to his office for an interview. As the applicant enters the room he rises to meet her. Half way out of his chair he stops. Printed on the front of the woman's shirt are the letters B-A-B-Y with an arrow pointing down to the slight bulge at the woman's stomach. Politely …


United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis Apr 1981

United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis

West Virginia Law Review

No abstract provided.


Third Party Standing For Property Tax Assessments: Tug Valley Recovery Center, Inc. V. Mingo Cty. Comm'n, Kenneth P. Simons Ii Apr 1981

Third Party Standing For Property Tax Assessments: Tug Valley Recovery Center, Inc. V. Mingo Cty. Comm'n, Kenneth P. Simons Ii

West Virginia Law Review

No abstract provided.


Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek Apr 1981

Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek

West Virginia Law Review

Recently, a plethora of concern has surfaced regarding the large and rapidly increasing costs of government regulation and its impact upon the economy and the free market system. Much of this displeasure has focused on a seemingly ideal target-The Occupational Safety and Health Administration (OSHA). OSHA was established in 1970 amidst widespread optimism that it would greatly enhance the employee work environment. This hope, however, was premature; in fact, many commentators argue that, in the ten years since its creation, OSHA has done little to further its objective of improving safety and health in the workplace, despite the large compliance …


The Federal Monetary Control Act Of 1980: A Step Toward Deregulation Of State Usury Laws, Peter Daniel Levy Apr 1981

The Federal Monetary Control Act Of 1980: A Step Toward Deregulation Of State Usury Laws, Peter Daniel Levy

West Virginia Law Review

No abstract provided.


U.C.C. Warranties: Mountaineer Contractors, Inc. V. Mountain State Mack, Inc., David D. Johnson Iii Apr 1981

U.C.C. Warranties: Mountaineer Contractors, Inc. V. Mountain State Mack, Inc., David D. Johnson Iii

West Virginia Law Review

No abstract provided.


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


Social Commentary: Values And Legal Personhood, Jeffrey A. Parness Apr 1981

Social Commentary: Values And Legal Personhood, Jeffrey A. Parness

West Virginia Law Review

No abstract provided.


Sex Discrimination: Theories And Defenses Under Title Vii And Burwell V. Eastern Airlines, Inc., Debra G. Archer Apr 1981

Sex Discrimination: Theories And Defenses Under Title Vii And Burwell V. Eastern Airlines, Inc., Debra G. Archer

West Virginia Law Review

Following the enactment of Title VII of the Civil Rights Act in 1964 dealing with equal opportunity and employment discrimination, there arose a large body of case-law litigating Title VII issues and a large body of articles dissecting the cases and issues. Within this area, different methods for proving Title VII violations and different types of defenses developed. Almost inevitably, confusion arose concerning the applicability of specific defenses to specific types of Title VII violations. The Fourth Circuit Court of Appeals attempted to resolve some of this confusion in a sex discrimination case captioned Burwell v. Eastern Airlines, Inc. In …


Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias Dec 1980

Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias

West Virginia Law Review

In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …


Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop Dec 1980

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.


Ballot Access: Applying The Constitutional Balancing Test To The West Virginia Election Code, David A. Mohler Dec 1980

Ballot Access: Applying The Constitutional Balancing Test To The West Virginia Election Code, David A. Mohler

West Virginia Law Review

No abstract provided.


The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell Dec 1980

The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell

West Virginia Law Review

No abstract provided.


Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil Dec 1980

Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin Dec 1980

Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin

West Virginia Law Review

No abstract provided.


West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr. Sep 1980

West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr.

West Virginia Law Review

No abstract provided.


Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield Sep 1980

Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield

West Virginia Law Review

Within the past decade, the level of environmental consciousness within our society has increased appreciably with the recognition of how delicate the ecological balance is and how easily it may be disrupted. Such consciousness has manifested itself primarily in stricter standards governing the emission of pollutants into the air and water. Unfortunately, this justifiable preoccupation with the quality of our air and water has overshadowed the needless desecration of America's land resources through the inadequate and environmentally unsound practices associated with the disposal of solid wastes. The purposes of this Note are to identify the scope of the solid waste …


Mitchell And Its Progeny: An Analysis Of Recent Developments In The Payment Of Temporary Total Disability Benefits In Workmen's Compensation Cases, Joseph S. Beeson Sep 1980

Mitchell And Its Progeny: An Analysis Of Recent Developments In The Payment Of Temporary Total Disability Benefits In Workmen's Compensation Cases, Joseph S. Beeson

West Virginia Law Review

The West Virginia Supreme Court of Appeals, since it achieved its present composition by virtue of the November, 1976, general election, has had a dramatic impact on the development of workmen's compensation law in West Virginia. Although it is difficult to single out the most significant decisions of the court in this area, most practitioners would probably agree that the two cases having the greatest impact upon workmen's compensation practice and related matters are Mandolidis v. Elkins Industries, Inc. and Mitchell v. State Workmen's Compensation Commissioner. The Mandolidis decision received extensive treatment in an earlier article in this law review …


Revenue Bonds For Commercial Development In West Virginia: The Endorsement By The West Virginia Supreme Court Of Appeals, Steven F. White Sep 1980

Revenue Bonds For Commercial Development In West Virginia: The Endorsement By The West Virginia Supreme Court Of Appeals, Steven F. White

West Virginia Law Review

No abstract provided.


Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill Sep 1980

Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill

West Virginia Law Review

The system of tenure in American higher education has been advanced as necessary to protect academic freedom and to encourage faculty innovation and independence of judgment. The system has not been immune from attack. Whether or not the reasons for the tenure system are sound and its purposes laudatory, tenure has resulted in a classification scheme for faculty members which has had profound effects on their legal and constitutional rights. It is this issue regarding tenure which is to be examined here. This Note will consider the constitutional rights of nontenured faculty in public colleges and universities, as interpreted in …


A Judicial Dilemma: Real Or Imagined, Forrest J. Bowman Sep 1980

A Judicial Dilemma: Real Or Imagined, Forrest J. Bowman

West Virginia Law Review

No abstract provided.


Essay--Affirmative Action: Making Decisions, Thomas D. Barton Sep 1980

Essay--Affirmative Action: Making Decisions, Thomas D. Barton

West Virginia Law Review

No abstract provided.