Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (519)
- Property Law and Real Estate (411)
- Oil, Gas, and Mineral Law (340)
- Torts (339)
- Civil Procedure (293)
-
- Labor and Employment Law (290)
- Criminal Law (288)
- Evidence (215)
- Family Law (211)
- Tax Law (188)
- Criminal Procedure (179)
- Estates and Trusts (174)
- Contracts (158)
- State and Local Government Law (154)
- Business Organizations Law (147)
- Courts (143)
- Legislation (131)
- Legal Profession (119)
- Civil Rights and Discrimination (115)
- Environmental Law (112)
- Insurance Law (108)
- Administrative Law (104)
- Banking and Finance Law (92)
- First Amendment (92)
- Legal Ethics and Professional Responsibility (89)
- Legal Education (83)
- Jurisdiction (72)
- Legal Biography (71)
- Energy and Utilities Law (65)
- Keyword
-
- West Virginia (381)
- Evidence (116)
- Torts (114)
- Contracts (88)
- Constitutional Law (87)
-
- Mines & mineral resources (85)
- Legislation (80)
- Constitutional law (77)
- Criminal Law (51)
- Due process of law (51)
- Property (51)
- Taxation (50)
- Coal mining (47)
- Jurisdiction (47)
- Wills (43)
- Civil Procedure (42)
- Courts (41)
- Criminal law (36)
- Criminal procedure (36)
- Damages (36)
- Insurance (35)
- Corporations (34)
- Workers' compensation (32)
- Jurisprudence (31)
- Trusts (31)
- Bankruptcy (29)
- Divorce (28)
- Oil and Gas Leases (28)
- Estates (27)
- Leases (27)
- Publication Year
Articles 31 - 60 of 4375
Full-Text Articles in Law
303 Creative For Everyone?, Mark Satta
303 Creative For Everyone?, Mark Satta
West Virginia Law Review
Does the holding in 303 Creative v. Elenis give businesses open to the public a constitutional right to refuse to provide expressive services for interracial couples’ weddings, interfaith couples’ weddings, or for couples’ weddings in which one or both partners are disabled? As indicated by questions raised during oral arguments, this is one of the troubling new legal questions created by the Supreme Court’s 303 Creative decision where the Court held that a Colorado web design business had a First Amendment free speech right to refuse to provide wedding website services for same-sex couples’ weddings. Understandably, both the Court’s conservative …
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
West Virginia Law Review
This Article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper Bright Enterprises v. Raimondo, the case that overturned Chevron deference. First, what did Loper Bright change about review of agency action? Second, how should lower courts implement the decision? This Article engages in a first-of-its-kind, exhaustive review of the major circuit court decisions citing Loper Bright and analyzes how influential judges, scholars, and justices have characterized the impact of the decision. The Article defines what role Skidmore “deference” and the major questions doctrine should play in judicial review—while seriously questioning the long-term …
Foreshadowing The "Stop Campus Hazing Act": Education, Prevention, And University Liability, Gregory S. Parks, Victoria Surati
Foreshadowing The "Stop Campus Hazing Act": Education, Prevention, And University Liability, Gregory S. Parks, Victoria Surati
West Virginia Law Review
On December 23, 2024, President Joseph R. Biden signed into law the Stop Campus Hazing Act (the “SCHA”). The SCHA amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f), a subsection of the Higher Education Act of 1965 (the “Clery Act”). The SCHA defines “hazing” and “student organization,” expands the current Annual Security Reporting requirements, calls for a new form of reporting, and requires policies relating to hazing. It also requires each covered institution of higher education to publish a policy statement regarding hazing awareness and prevention programs that includes a …
Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran
Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran
West Virginia Law Review
Asylum eligibility requires applicants to satisfy a three-pronged set of requirements in order to be granted admission into the United States. In a July 2024 decision, the Second Circuit court issued a decision that challenged a line of precedent established by the Fourth Circuit—specifically examining whether death threats rise to the persecution threshold set by the Immigration and Nationality Act (“INA”). The Second Circuit now holds that the receipt of death threats alone is insufficient to establish persecution, thereby making alien petitioners who have received such threats ineligible for asylum or related forms of relief from removal. In contrast, the …
"Tik Tok" On The Clock: It's Time To Amend Section 230, Mackenzie G. Howe
"Tik Tok" On The Clock: It's Time To Amend Section 230, Mackenzie G. Howe
West Virginia Law Review
The Communications Decency Act (“CDA”), enacted in 1996, was designed to support the rapid growth of the Internet, advancing access to political information, educational resources, culture, entertainment, and news. However, Section 230 of the CDA includes a key provision that grants nearly absolute immunity to online platforms such as Facebook, X, and TikTok. This provision states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Despite the Supreme Court’s apprehension to reexamine Section 230, the Third Circuit took a novel approach to potentially …
Reconciling Tenure And Faculty Accountability, Stuart Chinn
Reconciling Tenure And Faculty Accountability, Stuart Chinn
West Virginia Law Review
Part of the very identity of the American university is its insulation from society—a crucial contributor, at least in some instances, toward facilitating the search for knowledge and the disruption of established orthodoxies. Yet American higher education does not exist and cannot function separately from societal pressures. This is most obviously true in the context of public institutions that directly rely on state governmental entities for financial support and that may be subject to some mechanisms of control by governmental actors or their appointees. But it is also obviously true in the context of private institutions that may rely on …
A Benefit For The Masses: A Practical Look On How West Virginia, Rural America, And The United States Can Benefit From Statutory Horizontal Well Pooling, Leading To Increased Energy Production And Security, Garrett M. Spiker
West Virginia Law Review
No abstract provided.
Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi
Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi
West Virginia Law Review
In Law Within Congress, Jonathan Gould suggested that rulings of the House or Senate chair under the advice of their respective parliamentarians might inform statutory interpretation. This Article fleshes out the theoretical foundations of that approach. While such approach is much narrower than the broad reliance on Congress’s rules by other theorists of the “process-based” school, it also comes with strong theoretical justifications and advantages that set it apart. Part I illustrates the broad appeal of “process-based” theories by showing that even textualists have strong theoretical reasons to endorse them. Part II then surveys the theoretical advantages specific to the …
Generative Artificial Intelligence In Hollywood: The Turbulent Future That Lies Ahead, Zachary T. Young
Generative Artificial Intelligence In Hollywood: The Turbulent Future That Lies Ahead, Zachary T. Young
West Virginia Law Review
Since the dawn of time, the human race has used some form of technology to assist their unwavering dedication to push society forward. From the first stone tool to the first computer, some sort of regulation controlled their usage, ranging from government regulations to industry standards. When artificial intelligence (“AI”) entered the arena of technology, regulatory bodies froze at the daunting task of controlling such a powerful tool. Across almost every industry, artificial intelligence has found its home in various work functions. Generative artificial intelligence has furthered the complexity that stems from regulating a new, and never before seen technology. …
Privatized Medicaid: An Incentivized System Of Constant Denials, Hannah R. Courtney
Privatized Medicaid: An Incentivized System Of Constant Denials, Hannah R. Courtney
West Virginia Law Review
The Medicaid Program was created to fill the gap of what private insurance would not do—provide vulnerable populations with meaningful access to quality health care—but now it has been thrown into the pitfalls of private insurance. Over the last two decades, there has been a significant rise in states contracting with private Managed Care Organizations (“MCOs”) to provide services to a percentage of their Medicaid enrollees. MCOs now make decisions each year to approve or deny millions of requests for Medicaid coverage of health care services using prior authorization. Until now, the criticisms and fears surrounding privatized Medicaid have largely …
The Public Utility Regulation Of Dollar General, Olivia R. Sokos
The Public Utility Regulation Of Dollar General, Olivia R. Sokos
West Virginia Law Review
As food insecurity persists across the country, few solutions have been proposed to address the lack of access to healthy food in rural regions. This Note explores whether public utilities regulation is a theoretical avenue for addressing rural food deserts. The contribution of this Note is to encourage the recognition of healthy food as a critical public good through a modern public utility lens and build solutions to inadequate food access in rural regions by considering the qualities unique to rural populations. One solution proposed herein is to apply a modern public utility framework to dollar stores, ensuring reliable and …
Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson
Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson
West Virginia Law Review
No abstract provided.
Five Prairie Reflections On Reviving Rural America, Hannah Haksgaard, Sean Kammer, Travis L. Letellier
Five Prairie Reflections On Reviving Rural America, Hannah Haksgaard, Sean Kammer, Travis L. Letellier
West Virginia Law Review
This Essay offers five reflections on Ann E. Eisenberg’s book Reviving Rural America: Toward Policies for Resilience. Each reflection approaches the book from the positionality of writing from rural America, specifically the prairies of South Dakota. Collectively, the reflections cover the politics of voting in a red rural state, policies of local municipal government, the central economic principles in the book, the presence of energy production in rural America, and environmentalism’s relevancy and impact.
The Hidden Cost Of State Income Tax Repeal: A Case Study Of The West Virginia Neighborhood Investment Program Credit, Elaine Waterhouse Wilson
The Hidden Cost Of State Income Tax Repeal: A Case Study Of The West Virginia Neighborhood Investment Program Credit, Elaine Waterhouse Wilson
West Virginia Law Review
In March 2023, West Virginia significantly cut its personal income tax rates and paved a path toward the full repeal of the personal income tax. This repeal would directly impact West Virginia’s nonprofit sector and reduce charitable giving because it would render West Virginia’s Neighborhood Investment Program (“NIP”) tax credit ineffective. NIP tax credits have been the primary charitable tax incentive in the state’s income tax code and have been widely supported by nonprofits. This Article argues that if the NIP credit program incentivizes charitable giving, then state income tax repeal comes with a hidden cost—the cost of lost revenues …
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump
Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump
West Virginia Law Review
In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists. This Article contends that a key solution …
The Myth Of The Best Interest Of The Child, Victoria Mikesell Mather
The Myth Of The Best Interest Of The Child, Victoria Mikesell Mather
West Virginia Law Review
One of the basic tenets of Family Law as applied to children is consideration of “best interest of the child” in making decisions. Standards for custody, termination, adoption, and all other matters affecting children are overlaid with consideration of best interest. Unfortunately, the promise of best interest is lost in the actual mechanics of making these critical decisions involving children. This Article explores the disconnect between the ideal of using the best interest of the child as a key factor in legal decisions affecting children and the practicalities of competing interests. The Article first explores the common concern of the …
Drowning In The Patent Pool: Is Statutory Invention Registration A Lifeguard?, Henry H. Perritt Jr.
Drowning In The Patent Pool: Is Statutory Invention Registration A Lifeguard?, Henry H. Perritt Jr.
West Virginia Law Review
Patents for inventions, available since the first Congress enacted the Patent Law of 1790, have been controversial. Defenders justify patents on the grounds that they are necessary to protect inventors from free riding—copying that would deprive the inventors of an opportunity to recover the costs of development. Detractors attack patents as unnecessary monopolies, thwarting innovation. The debate continues, even as the law itself has remained remarkably constant. Technology and industry structure have not remained constant, however. Patents have proliferated, resulting in patent thickets that make it impossible to create and market any innovative product without infringing hundreds of patents. Patent …
No Just Cause: A Decades-Long Strategy Of Deception And Secrecy That Enabled America's Deadly Opioid Crisis, Patrick C. Mcginley, Suzanne Weise
No Just Cause: A Decades-Long Strategy Of Deception And Secrecy That Enabled America's Deadly Opioid Crisis, Patrick C. Mcginley, Suzanne Weise
West Virginia Law Review
This Essay examines the national epidemic of prescription opioid addiction and overdose deaths that began in the mid-1990s and continues to the present. Litigating from West Virginia—ground-zero of the opioid crisis—the authors draw from their experiences providing pro bono representation of a West Virginia newspaper and The Washington Post to successfully uncover long-buried facts. If revealed to the public, that hidden information could have stopped the epidemic in its tracks, saving millions of Americans from addiction and hundreds of thousands from cruel overdose deaths. The Essay highlights how political influence and industry capture hindered effective oversight of prescription opioid profiteers. …
“Everybody Else Seems To Be Able To Get Help”: Rural Regulation, Access Loss, And Antigovernment Sentiment, Jennifer Sherman
“Everybody Else Seems To Be Able To Get Help”: Rural Regulation, Access Loss, And Antigovernment Sentiment, Jennifer Sherman
West Virginia Law Review
This Essay draws upon two decades of the author’s research on rural United States communities to explicate ways in which the regulatory state has intervened in rural areas and economies, often with the claim of protecting land, natural resources, and/or wildlife. The outcomes are frequently disastrous for the human populations of those communities and generally are not planned for or mitigated by policy. The Essay argues that rural distrust of and aversion to government oversight is not caused primarily by ideological or cultural stances, but rather is an outcome of experiences of abandonment by the agencies that are meant to …
How Seeing Rural America As A Commons Can (Re)Build Mutual Respect Across The Rural-Urban Divide, Lisa R. Pruitt
How Seeing Rural America As A Commons Can (Re)Build Mutual Respect Across The Rural-Urban Divide, Lisa R. Pruitt
West Virginia Law Review
This Essay, written for a symposium that honors and amplifies Ann Eisenberg’s 2024 book, Reviving Rural America: Toward Policies for Resilience, contemplates benefits that could flow from taking seriously Eisenberg’s conceptualization of rural America as a commons. In particular, I argue that the mutual respect and collaboration necessary for a successful commons could help heal the rural-urban rift, which has widened dramatically in the last few decades. Recent studies suggest that rural residents have what scholars call a rural consciousnesses, which means that living in a rural place is a key aspect of their identity. One feature of this identity …