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West Virginia Law Review

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Articles 1741 - 1770 of 4375

Full-Text Articles in Law

Enforcement And Administration Of The Federal Coal Mine Health And Safety Act Of 1969: Do The Ends Justify The Means, Michael C. Hallerud, Vilma L. Kohn, John T. Meredith Jun 1975

Enforcement And Administration Of The Federal Coal Mine Health And Safety Act Of 1969: Do The Ends Justify The Means, Michael C. Hallerud, Vilma L. Kohn, John T. Meredith

West Virginia Law Review

No abstract provided.


Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell Jun 1975

Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell

West Virginia Law Review

The concept of sovereign immunity has long been a vibrant force in American law, overshadowing the inequities it created by the theory that government was responsible only for those wrongs it chose to recognize from a moral consciousness inherent within the state. When the thirteen colonies banded together to form the union known as the United States of America, state government played a relatively minor role in the lives of the people. Of the few disputes that did arise between states and citizens, mainly payment of bond obligations incurred during the Revolutionary War, most were settled out of court. As …


Labor Law--Unfair Labor Practices--Solicitation Of Employee Grievances During A Union Organizational Campaign, William G. Mercer Jun 1975

Labor Law--Unfair Labor Practices--Solicitation Of Employee Grievances During A Union Organizational Campaign, William G. Mercer

West Virginia Law Review

No abstract provided.


Administrative Procedure--Judicial Review--Abolition Of Extraordinary Writs, Roy V. Creasy Apr 1975

Administrative Procedure--Judicial Review--Abolition Of Extraordinary Writs, Roy V. Creasy

West Virginia Law Review

No abstract provided.


Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith Apr 1975

Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith

West Virginia Law Review

No abstract provided.


Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray Apr 1975

Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray

West Virginia Law Review

No abstract provided.


Labor Law--Unions--Union Must Petition For An Election, William G. Mercer Apr 1975

Labor Law--Unions--Union Must Petition For An Election, William G. Mercer

West Virginia Law Review

No abstract provided.


Intellectual And Industrial Property In A Nutshell, Thomas G. Fields Jr. Apr 1975

Intellectual And Industrial Property In A Nutshell, Thomas G. Fields Jr.

West Virginia Law Review

No abstract provided.


Attorneys--Malpractice--Statute Of Limitations Extended, James D. Gray Apr 1975

Attorneys--Malpractice--Statute Of Limitations Extended, James D. Gray

West Virginia Law Review

No abstract provided.


Obscenity And The Conflict Of Laws, Frederick F. Schauer Apr 1975

Obscenity And The Conflict Of Laws, Frederick F. Schauer

West Virginia Law Review

No abstract provided.


Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles Apr 1975

Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles

West Virginia Law Review

No abstract provided.


The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi Apr 1975

The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi

West Virginia Law Review

This article discusses the 1974 West Virginia Consumer Credit and Protection Act, hereinafter referred to as WVCCPA. A summary of the Act is undertaken early in the article, detailing for the reader what the Act does. Beyond this summary there is no section by section restatement of the WVCCPA in the article nor is every section or group of sections discussed. The purpose of the article is to discuss why the WVCCPA was passed and what it attempts to do, and in some areas, to discuss how well the Act accomplishes its purpose. To place the WVCCPA in its evolutionary …


Products Liability--West Virginia Consumer Credit And Protection Act--Definitional Inadequacies, Gerlad R. Stowers Feb 1975

Products Liability--West Virginia Consumer Credit And Protection Act--Definitional Inadequacies, Gerlad R. Stowers

West Virginia Law Review

No abstract provided.


West Virginia And The Uniform Probate Code: An Overview Part Ii, Earl M. Curry Jr. Feb 1975

West Virginia And The Uniform Probate Code: An Overview Part Ii, Earl M. Curry Jr.

West Virginia Law Review

No abstract provided.


Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco Feb 1975

Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco

West Virginia Law Review

No abstract provided.


Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris Feb 1975

Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris

West Virginia Law Review

The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …


Workmen's Compensation--Statutory Construction--The Demise Of The Liberality Rule, Thomas W. Smith Feb 1975

Workmen's Compensation--Statutory Construction--The Demise Of The Liberality Rule, Thomas W. Smith

West Virginia Law Review

No abstract provided.


Income Tax--Corporate Liquidations--Deductability Of Legal Expenses, Gary L. Call Feb 1975

Income Tax--Corporate Liquidations--Deductability Of Legal Expenses, Gary L. Call

West Virginia Law Review

No abstract provided.


Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr. Feb 1975

Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr.

West Virginia Law Review

No abstract provided.


An Extraordinary Rule: Rule Xviii, Rules Of Practice In The Supreme Court Of Appeals Of West Virginia, Willard A. Sullivan Jr. Dec 1974

An Extraordinary Rule: Rule Xviii, Rules Of Practice In The Supreme Court Of Appeals Of West Virginia, Willard A. Sullivan Jr.

West Virginia Law Review

No abstract provided.


Editor's Page, Charles J. Kaiser Jr. Dec 1974

Editor's Page, Charles J. Kaiser Jr.

West Virginia Law Review

No abstract provided.


Corporations--A Survey Of The Pending West Virginia Corporation Act, Stephen R. Brooks, Steven E. Deem, Frederick L. Delp, Michael D. Foster, James P. Holland, Charles J. Kaiser Jr., Katherine P. Kenna, Charles F. Printz Jr., William A. Trainer Dec 1974

Corporations--A Survey Of The Pending West Virginia Corporation Act, Stephen R. Brooks, Steven E. Deem, Frederick L. Delp, Michael D. Foster, James P. Holland, Charles J. Kaiser Jr., Katherine P. Kenna, Charles F. Printz Jr., William A. Trainer

West Virginia Law Review

No abstract provided.


The Uniform Securities Act--A Step Forward In State Regulation, Roger W. Tompkins Dec 1974

The Uniform Securities Act--A Step Forward In State Regulation, Roger W. Tompkins

West Virginia Law Review

No abstract provided.


Reflections On The Bankruptcy Laws Of The United States: The Debtor's Fresh Start, Frank R. Kennedy Jun 1974

Reflections On The Bankruptcy Laws Of The United States: The Debtor's Fresh Start, Frank R. Kennedy

West Virginia Law Review

No abstract provided.


Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers Jun 1974

Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers

West Virginia Law Review

No abstract provided.


Environmental Law--Acid Mine Drainage, Katherine P. Kenna Jun 1974

Environmental Law--Acid Mine Drainage, Katherine P. Kenna

West Virginia Law Review

No abstract provided.


Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr. Jun 1974

Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.

West Virginia Law Review

No abstract provided.


Torts--Governmental Immunity In West Virginia--Long Live The King, Cynthia L. Turco Jun 1974

Torts--Governmental Immunity In West Virginia--Long Live The King, Cynthia L. Turco

West Virginia Law Review

No abstract provided.


Private Actions For Public Nuisance: The Standing Problem, Mark A. Rothstein Jun 1974

Private Actions For Public Nuisance: The Standing Problem, Mark A. Rothstein

West Virginia Law Review

From its original function of providing a remedy for the invasion of land rights, the law of nuisance has expanded to encompass a multitude of interferences with the health, safety, and welfare of the public and individuals. Where a nuisance is injurious to the public, the government has a right to sue for its abatement. An individual, however, has traditionally lacked standing to sue for damages or to enjoin a public nuisance where his injury is not distinct in degree and/or in kind from the injury to the public as a whole. While judicial inroads into this restrictive standing requirement …


Environmental Law--The National Environmental Policy Act, Frederick L. Delp Jun 1974

Environmental Law--The National Environmental Policy Act, Frederick L. Delp

West Virginia Law Review

No abstract provided.