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Articles 1621 - 1650 of 4375
Full-Text Articles in Law
Editor's Page, Jdl
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
West Virginia Law Review
No abstract provided.
A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters
A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters
West Virginia Law Review
No abstract provided.
Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin
Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin
West Virginia Law Review
No abstract provided.
Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young
Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young
West Virginia Law Review
No abstract provided.
Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen
Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen
West Virginia Law Review
No abstract provided.
The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley
West Virginia Law Review
No abstract provided.
Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot
Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot
West Virginia Law Review
No abstract provided.
Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett
Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett
West Virginia Law Review
Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …
Workmen's Compensation: The Cumulative Injury Doctrine, Russell Furbee Ethridge
Workmen's Compensation: The Cumulative Injury Doctrine, Russell Furbee Ethridge
West Virginia Law Review
No abstract provided.
The Public Trust Doctrine: A New Approach To Environmental Preservation, Joan E. Van Tol
The Public Trust Doctrine: A New Approach To Environmental Preservation, Joan E. Van Tol
West Virginia Law Review
No abstract provided.
Supreme Court Of Appeals Of West Virginia: A Statistical Analysis, John C. Parr, Karen L. Speidel
Supreme Court Of Appeals Of West Virginia: A Statistical Analysis, John C. Parr, Karen L. Speidel
West Virginia Law Review
No abstract provided.
Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald
Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald
West Virginia Law Review
Age discrimination occurs in numerous forms but is rarely overt and unconcealed. The elderly often suffer discrimination in employment without the appearance of blatant violations on the part of the employer. For the most part, the aggrieved party must look to the total surrounding circumstances in order to determine if some form of discrimination has taken place. It is therefore important that the attorney become sensitive to the intricacies of the law of age discrimination in employment in order to protect the rights of his clients. This Note is written in the hope of providing the attorney with the practical …
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
West Virginia Law Review
In an earlier era trial courts perceived their responsibility regarding the quality of legal assistance to be limited to the appointment of reputable counsel. Unless the circumstances were exceptional, judges confronted with a lack of adequate representation for a defendant "papered over" the problem either because they feared a flood of frivolous claims or because they were reluctant to upset the finality of criminal convictions. Even today, when a growing number of courts have formulated a more stringent sixth amendment standard for judging counsel effectiveness, there remains a judicial reluctance to recognize the fundamental nature of the right to effective …
Limitations On The Lobbying Of Section 501(C)(3) Organizations--A Choice For The Public Charities, James H. Nix
Limitations On The Lobbying Of Section 501(C)(3) Organizations--A Choice For The Public Charities, James H. Nix
West Virginia Law Review
No abstract provided.
A New Look At The Section 119 Meals And Lodging Exclusion, Steven Luby
A New Look At The Section 119 Meals And Lodging Exclusion, Steven Luby
West Virginia Law Review
One of the most problematic areas of income tax law has been the excludability of various employee fringe benefits from taxable income. This article examines the appropriate tax treatment of one type of fringe benefit-meals furnished by an employer to his employee. Prior to 1954 the excludability of the value of meals furnished by an employer was dependent upon whether the factual circumstances of the case satisfied a "convenience of the employer" rule developed by administrative rulings and case law. In 1954 Congress attempted to end the confusion surrounding the excludability of meals furnished by an employer by enacting section …
Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.
Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.
West Virginia Law Review
No abstract provided.
Territorial Due Process: Analysis Of An Emergent Doctrine, James Audley Mclaughlin
Territorial Due Process: Analysis Of An Emergent Doctrine, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops
The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops
West Virginia Law Review
Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making "initial decisions" in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers …
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker
Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker
West Virginia Law Review
No abstract provided.
Copyright--The Home Video Recording Controversy, Mark E. Kauffelt
Copyright--The Home Video Recording Controversy, Mark E. Kauffelt
West Virginia Law Review
No abstract provided.
The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill
The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill
West Virginia Law Review
Sharply heightened attention is currently being paid to antitrust enforcement at the state level. In 1976, Congress appropriated approximately $30,000,000 in federal funds to the states for the maintenance of antitrust actions and other programs. A fertile field is being made available for the expenditure of these funds by the focus of the federal antitrust enforcement agencies on the larger structural cases with a corresponding decline in enforcement actions against "routine" practices. In this climate, the opportunities for state actions are extremely favorable, especially in light of the generally high political marks to be achieved by state Attorneys General, who …
Book Review: A Theory Of Criminal Justice, James R. Elkins
Book Review: A Theory Of Criminal Justice, James R. Elkins
West Virginia Law Review
No abstract provided.
The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard
The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard
West Virginia Law Review
The November elections of 1976 brought about a major change in the composition of the West Virginia Supreme Court of Appeals. Three new justices, a majority of the court, were elected. The consequences of the election have been widely felt throughout the State. In no area has its impact been greater, however, than in the area of workmen's compensation law. The court has shown a great willingness to hear workmen's compensation appeals. In reviewing such appeals, the court has chosen to play an active role in the review of evidence, something generally avoided by prior courts. There has been little …
The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly
The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly
West Virginia Law Review
No abstract provided.
Usury--A Primer On The West Virginia Law, Richard S. Stephenson, George A. Patterson
Usury--A Primer On The West Virginia Law, Richard S. Stephenson, George A. Patterson
West Virginia Law Review
No abstract provided.
Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford
Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford
West Virginia Law Review
No abstract provided.
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
West Virginia Law Review
The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …
The Legal Protection Of Printed Systems, Dale P. Olson
The Legal Protection Of Printed Systems, Dale P. Olson
West Virginia Law Review
No abstract provided.