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Articles 241 - 270 of 4375
Full-Text Articles in Law
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
West Virginia Law Review
No abstract provided.
Milking The Estate, David R. Hague
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
West Virginia Law Review
No abstract provided.
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …
Realizing The Recession: Modifying Dodd-Frank With A View To The Future, David E. Chaney
Realizing The Recession: Modifying Dodd-Frank With A View To The Future, David E. Chaney
West Virginia Law Review
No abstract provided.
One Rule To Compensate Them All, Noam Sher
One Rule To Compensate Them All, Noam Sher
West Virginia Law Review
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …
Black Lung In The 21st Century: Disease, Law, And Policy, Evan Barrett Smith
Black Lung In The 21st Century: Disease, Law, And Policy, Evan Barrett Smith
West Virginia Law Review
No abstract provided.
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
West Virginia Law Review
No abstract provided.
Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen
Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen
West Virginia Law Review
No abstract provided.
Healthcare In Appalachia And The Role Of The Federal Government, Robert R. Davis, Shelly Cole
Healthcare In Appalachia And The Role Of The Federal Government, Robert R. Davis, Shelly Cole
West Virginia Law Review
No abstract provided.
Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman
Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman
West Virginia Law Review
No abstract provided.
Community Orchards And Food Security In Appalachia, Ursula Ramsey
Community Orchards And Food Security In Appalachia, Ursula Ramsey
West Virginia Law Review
No abstract provided.
Who Owns North Carolina? Econometric, Geospatial, And Interview Analyses Of Land In Appalachian North Carolina For Land Policy Reform In The Appalachians: A Research Design And Findings To Date, Jacob Meadows
West Virginia Law Review
No abstract provided.
Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal
Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal
West Virginia Law Review
No abstract provided.
Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.
Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso
Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell
Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell
West Virginia Law Review
No abstract provided.
Forward, Jennifer D. Oliva
De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths, Nicholas F. Stump, Anne Marie Lofaso
De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths, Nicholas F. Stump, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Unified In Dignified Appalachian Pride, Aaron Ferrari, Will Rhee
Unified In Dignified Appalachian Pride, Aaron Ferrari, Will Rhee
West Virginia Law Review
No abstract provided.
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
West Virginia Law Review
No abstract provided.
Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar
Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar
West Virginia Law Review
No abstract provided.
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
West Virginia Law Review
No abstract provided.
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
West Virginia Law Review
The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham
West Virginia Law Review
No abstract provided.
Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan
Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan
West Virginia Law Review
No abstract provided.
What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales
What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales
West Virginia Law Review
No abstract provided.
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
West Virginia Law Review
No abstract provided.