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West Virginia Law Review

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Articles 1591 - 1620 of 4375

Full-Text Articles in Law

Tort Of Insurer's Bad Faith Refusal To Pay First-Party Claims, Linda Gay Apr 1980

Tort Of Insurer's Bad Faith Refusal To Pay First-Party Claims, Linda Gay

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus Apr 1980

The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus

West Virginia Law Review

No abstract provided.


The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner Apr 1980

The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner

West Virginia Law Review

No abstract provided.


A Review Of The Conflict Between Community-Based Group Homes For The Mentally Retarded And Restrictive Zoning, Jane E. Reiner Apr 1980

A Review Of The Conflict Between Community-Based Group Homes For The Mentally Retarded And Restrictive Zoning, Jane E. Reiner

West Virginia Law Review

No abstract provided.


State V. Frazier, Lucinda Masterton Apr 1980

State V. Frazier, Lucinda Masterton

West Virginia Law Review

No abstract provided.


Baughman V. Bradford Coal Co., Inc.: A Reaffirmation Of Citizen Suits Policy Within The Clean Air Act, Hunter C. Quick Apr 1980

Baughman V. Bradford Coal Co., Inc.: A Reaffirmation Of Citizen Suits Policy Within The Clean Air Act, Hunter C. Quick

West Virginia Law Review

No abstract provided.


A New Generation Of United States Savings Bonds--Series Ee And Hh, Paul S. Dalton Apr 1980

A New Generation Of United States Savings Bonds--Series Ee And Hh, Paul S. Dalton

West Virginia Law Review

No abstract provided.


The Plaintiff's View Of Comparative Negligence, E. Joseph Buffa Jr. Apr 1980

The Plaintiff's View Of Comparative Negligence, E. Joseph Buffa Jr.

West Virginia Law Review

No abstract provided.


Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr. Apr 1980

Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr.

West Virginia Law Review

The use of prior criminal convictions to impeach the credibility of a witness is an almost universally applied and time-honored tenet of our evidentiary jurisprudence. Past convictions may not be used substantively to demonstrate criminal propensity; i.e., the likelihood that an individual will engage in criminal conduct based upon his past activities. However any witness giving testimony in a court of law is deemed to have placed his credibility in issue. As a result, in almost all American jurisdictions, a witness' character for truth and veracity may be attacked by proof that he has been convicted of a crime. This …


Alas And Alack, Modified Comparative Negligence Comes To West Virginia, Thomas C. Cady Apr 1980

Alas And Alack, Modified Comparative Negligence Comes To West Virginia, Thomas C. Cady

West Virginia Law Review

No abstract provided.


A Reappraisal Of The Branch Banking Prohibition In West Virginia, Kurt E. Entsminger Dec 1979

A Reappraisal Of The Branch Banking Prohibition In West Virginia, Kurt E. Entsminger

West Virginia Law Review

No abstract provided.


Legal Representation Of The Mentally Ill, James R. Elkins Dec 1979

Legal Representation Of The Mentally Ill, James R. Elkins

West Virginia Law Review

The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …


Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock Dec 1979

Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock

West Virginia Law Review

No abstract provided.


The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill Dec 1979

The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill

West Virginia Law Review

No abstract provided.


The Law Of Medical Malpractice In West Virginia, Michael J. Farrell Dec 1979

The Law Of Medical Malpractice In West Virginia, Michael J. Farrell

West Virginia Law Review

The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …


Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton Dec 1979

Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton

West Virginia Law Review

No abstract provided.


The Creation Of Joint Tenancies--Common Law Technicalities Vs. The Grantor's Intent, Ellen Carle Lilly Dec 1979

The Creation Of Joint Tenancies--Common Law Technicalities Vs. The Grantor's Intent, Ellen Carle Lilly

West Virginia Law Review

Can the owner of a piece of real property in West Virginia create a joint tenancy in himself and another by making a direct conveyance if the requisite intent to create a joint tenancy with right of survivorship is expressed? Or does a tenancy in common result due to the lack of the unities of time and title? The general rule is that except in the situation where the parties to the conveyance are husband and wife, a direct conveyance from one to himself and another as joint tenants results in a tenancy in common despite the express contrary intent …


Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien Dec 1979

Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien

West Virginia Law Review

No abstract provided.


Book Review: The Brethern, By Bob Woodward And Scott Armstrong, Gene R. Nichol Jr. Dec 1979

Book Review: The Brethern, By Bob Woodward And Scott Armstrong, Gene R. Nichol Jr.

West Virginia Law Review

No abstract provided.


Commentary--Funding The Federal Judiciary, John M. Slack Sep 1979

Commentary--Funding The Federal Judiciary, John M. Slack

West Virginia Law Review

No abstract provided.


Secular Control Of Non-Public Schools, Carl L. Fletcher Jr. Sep 1979

Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.

West Virginia Law Review

No abstract provided.


Attorney's Liabilities Under Erisa, David L. Campbell Sep 1979

Attorney's Liabilities Under Erisa, David L. Campbell

West Virginia Law Review

No abstract provided.


Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield Sep 1979

Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield

West Virginia Law Review

No abstract provided.


Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe Sep 1979

Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe

West Virginia Law Review

No abstract provided.


Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress Sep 1979

Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress

West Virginia Law Review

No abstract provided.


The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall Jun 1979

The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall

West Virginia Law Review

No abstract provided.


The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow Jun 1979

The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow

West Virginia Law Review

No abstract provided.


The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage Jun 1979

The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage

West Virginia Law Review

No abstract provided.


Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld Jun 1979

Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld

West Virginia Law Review

No abstract provided.