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Articles 1651 - 1680 of 4375
Full-Text Articles in Law
Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield
Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield
West Virginia Law Review
No abstract provided.
The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker
The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker
West Virginia Law Review
No abstract provided.
Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley
Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley
West Virginia Law Review
No abstract provided.
Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant
Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant
West Virginia Law Review
No abstract provided.
Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck
Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck
West Virginia Law Review
On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
West Virginia Law Review
Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …
The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins
The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins
West Virginia Law Review
On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
West Virginia Law Review
No abstract provided.
The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce
The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce
West Virginia Law Review
No abstract provided.
Toward Constitutionalizing The Corporation: A Speculative Essay, Arthur S. Miller
Toward Constitutionalizing The Corporation: A Speculative Essay, Arthur S. Miller
West Virginia Law Review
No abstract provided.
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
West Virginia Law Review
No abstract provided.
Consumer Law--The Supervised Loan In West Virginia, Jon David Levy
Consumer Law--The Supervised Loan In West Virginia, Jon David Levy
West Virginia Law Review
The supervised (small) loan is just one piece in the patchwork of transactions characterized as consumer credit. It is designed to increase the availability of credit for consumers in a form attractive to legitimate lenders who are permitted to issue loans with a low ceiling on the maximum principal amount, and a high ceiling on the permissible rate of interest. The other primary feature of the supervised loan, in trade off to its exemption from general usury requirements, is comprehensive regulation. As a result, supervised loan legislation is uniformly characterized by scrupulous licensing and oversight requirements. The one source perhaps …
Conflict Of Laws--An Alternative To Lex Loci Delicti In West Virginia, F. Samuel Byrer
Conflict Of Laws--An Alternative To Lex Loci Delicti In West Virginia, F. Samuel Byrer
West Virginia Law Review
No abstract provided.
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
West Virginia Law Review
In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …
Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen
Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen
West Virginia Law Review
No abstract provided.
Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle
Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle
West Virginia Law Review
No abstract provided.
Limitations On Rule 10b-5, Arthur J. Marinelli Jr.
Limitations On Rule 10b-5, Arthur J. Marinelli Jr.
West Virginia Law Review
The federal securities acts of 1933 and 1934 sought to protect the investing public against fraud and manipulation by replacing the doctrine of caveat emptor with a system of full disclosure. Section 10(b) of the Securities Exchange Act of 1934 gives the Securities and Exchange Commission the power to promulgate rules in order to prohibit "any manipulative or deceptive device or contrivance." In 1942 the Commission adopted rule 10b-5 to implement the "catch-all" provision of section 10(b) which can be viewed as a grant of wide-ranging discretion to the SEC. Although all of the elements necessary for recovery in a …
Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price
Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price
West Virginia Law Review
No abstract provided.
Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea
Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea
West Virginia Law Review
No abstract provided.
An Historical View Of The Term Esquire As Used By Modern Women Attorneys, Richard Bozman Eaton
An Historical View Of The Term Esquire As Used By Modern Women Attorneys, Richard Bozman Eaton
West Virginia Law Review
No abstract provided.
School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow
School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow
West Virginia Law Review
No abstract provided.
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
West Virginia Law Review
Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …
Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck
Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck
West Virginia Law Review
No abstract provided.
A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown
A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown
West Virginia Law Review
No abstract provided.
Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney
Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney
West Virginia Law Review
No abstract provided.
Editor's Page, Lloyd G. Jackson Ii
Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans
Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans
West Virginia Law Review
No abstract provided.
The Edward G. Donley Memorial Lecture: Non-Victim Crime And The Regulation Of Prostitution, John Kaplan
The Edward G. Donley Memorial Lecture: Non-Victim Crime And The Regulation Of Prostitution, John Kaplan
West Virginia Law Review
No abstract provided.
Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant
Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant
West Virginia Law Review
No abstract provided.