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West Virginia Law Review

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Articles 211 - 240 of 4375

Full-Text Articles in Law

A Tenant’S Fate In The Mountain State: What State Ex Rel Morrisey V. Copper Beech Townhome Communities Means For Tenants As Consumers, Emily Ann Cramer Sep 2019

A Tenant’S Fate In The Mountain State: What State Ex Rel Morrisey V. Copper Beech Townhome Communities Means For Tenants As Consumers, Emily Ann Cramer

West Virginia Law Review

No abstract provided.


Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie Sep 2019

Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie

West Virginia Law Review

No abstract provided.


Bulwark Of Equality: The Jury In America, Nino C. Monea Sep 2019

Bulwark Of Equality: The Jury In America, Nino C. Monea

West Virginia Law Review

Many decry the state of societal inequality in modern America. Juries are not normally thought of as part of the solution, but history shows that they should be. It reveals that juries oftentimes advanced the interests of the poor and lowly when no one else would. It also reveals that powerful interests—government and corporate—have sought to disempower juries that rule in favor of marginalized groups. This Article examines four contexts throughout our history where juries have enhanced societal equality. (1) In early America, they resisted the British government and in the nascent republic were friends to debtors and farmers. (2) …


Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner Sep 2019

Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner

West Virginia Law Review

No abstract provided.


Smart Contracts And Consumers, Tatiana Cutts Sep 2019

Smart Contracts And Consumers, Tatiana Cutts

West Virginia Law Review

“Smart contracts” are a way of using computers to make contracts unbreakable. Contracting parties do not need to trust one another to perform or rely upon intermediaries to enforce performance. Performance is guaranteed. This is supposed to be a victory for the ordinary person—a clever socio-economic application of cryptography that strips power from companies and governments and gives it to consumers. But it turns out that less trust does not mean more freedom, or better bargains. The law of contract supports valuable relationships both by enforcing duties and by allowing parties to escape the consequences of ill-formed contracts and oppressive …


The Need For A Wealth Inequality Amendment, Stuart Ford Sep 2019

The Need For A Wealth Inequality Amendment, Stuart Ford

West Virginia Law Review

No abstract provided.


Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students For The Bar Exam And Practice, Sabrina Defabritiis, Kathleen Elliott Vinson Sep 2019

Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students For The Bar Exam And Practice, Sabrina Defabritiis, Kathleen Elliott Vinson

West Virginia Law Review

No abstract provided.


A Liability Insurer's Breach Of The Duty To Defend And The Often Erroneous Consequence Of Extracontractual Liability, Douglas R. Richmond Sep 2019

A Liability Insurer's Breach Of The Duty To Defend And The Often Erroneous Consequence Of Extracontractual Liability, Douglas R. Richmond

West Virginia Law Review

No abstract provided.


Hedge Your Bets: How The Legalization Of Sports Betting Could Be The Downfall Of Intercollegiate Sports, Haley M. Robb Sep 2019

Hedge Your Bets: How The Legalization Of Sports Betting Could Be The Downfall Of Intercollegiate Sports, Haley M. Robb

West Virginia Law Review

No abstract provided.


Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq. Sep 2019

Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq.

West Virginia Law Review

Criminal law has adopted the folk psychological view of human agency. Under this view, voluntary action exists and mental states, such as intentions, goals, and desires, have a causal relationship with bodily movement. However, new advances in neuroscience have begun to challenge this model and have lent empirical support to the idea that mental states may not play a causal role in bodily movement. This has profound implications for the voluntary act element of actus reus because the requirement presupposes the folk psychological view of agency. Nevertheless, criminal law can avoid this dilemma through praxeology, the deductive study of human …


Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell Sep 2019

Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell

West Virginia Law Review

The Constitution’s extraterritorial scope does not arise often in litigation. Two recent decisions broached the issue. Both arrived at opposite conclusions. And these decisions share a common thread: They confuse more than they clarify while begetting novel questions of law. Does the Constitution protect noncitizens abroad? If so, how? If not, why not? This Note addresses each of these questions in turn. Ultimately, this Note concludes that the Constitution does not have any extraterritorial application whatsoever to noncitizens abroad.


On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale Apr 2019

On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale

West Virginia Law Review

No abstract provided.


Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper Apr 2019

Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper

West Virginia Law Review

No abstract provided.


When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos Apr 2019

When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos

West Virginia Law Review

No abstract provided.


A Legal Mandate That Authorizers Consider Fiscal And Other Impacts Of Charter School Expansion, Susan L. Dejarnatt Apr 2019

A Legal Mandate That Authorizers Consider Fiscal And Other Impacts Of Charter School Expansion, Susan L. Dejarnatt

West Virginia Law Review

No abstract provided.


Foreword: Pauley - And "The Recht Decision" - At Forty, John E. Taylor Apr 2019

Foreword: Pauley - And "The Recht Decision" - At Forty, John E. Taylor

West Virginia Law Review

No abstract provided.


Dedication To Judge Arthur Recht, Blair Wessels Apr 2019

Dedication To Judge Arthur Recht, Blair Wessels

West Virginia Law Review

No abstract provided.


State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark Dec 2018

State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark

West Virginia Law Review

No abstract provided.


Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener Dec 2018

Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener

West Virginia Law Review

No abstract provided.


Privacy Spaces, Bert-Jaap Koops Dec 2018

Privacy Spaces, Bert-Jaap Koops

West Virginia Law Review

Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …


Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott Dec 2018

Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott

West Virginia Law Review

This Essay explores the two-sided challenge of geographic discrimination, where U.S. citizens receive disparate treatment from other citizens or the government solely because of where they live or self-identify as home, through the interdisciplinary concepts of space, place, and distance; and an original examination of discrimination against Appalachians. Such disparate treatment is unavoidable and even arguably politically correct. Where we call home matters in a number of legitimate ways to include our access to jobs and services, culture, educational opportunities, and other basic human capabilities. Although technology has increased individual mobility more than ever before, a majority of Americans nevertheless …


The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright Dec 2018

The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright

West Virginia Law Review

Problematic relations between the White House and the U.S. Department of Justice stand out even amidst the broader tumult of President Donald Trump's first year in office. With respect to written policy restricting contacts between the White House staff and the Department, the Trump White House has followed the general contours of predecessor administrations. Those policies recognize that White House contacts restrictions vary with the Department’s complex functions, restrict channels of contact, and restrict personnel authorized to make contacts. They also grant limited exceptions where White House-Department contact is required to assist the President in the performance of a constitutional …


Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley Dec 2018

Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley

West Virginia Law Review

No abstract provided.


Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels Dec 2018

Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels

West Virginia Law Review

No abstract provided.


Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden Dec 2018

Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden

West Virginia Law Review

No abstract provided.


Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal Dec 2018

Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal

West Virginia Law Review

No abstract provided.


Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears Oct 2018

Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears

West Virginia Law Review

No abstract provided.


The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce Oct 2018

The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce

West Virginia Law Review

No abstract provided.


Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins Sep 2018

Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins

West Virginia Law Review

No abstract provided.


A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr. Sep 2018

A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.

West Virginia Law Review

No abstract provided.