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West Virginia Law Review

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Full-Text Articles in Law

Toward A Cohesive Interpretation Of The Electronic Communications Privacy Act For The Electronic Monitoring Of Employees, Ariana R. Levinson Jan 2012

Toward A Cohesive Interpretation Of The Electronic Communications Privacy Act For The Electronic Monitoring Of Employees, Ariana R. Levinson

West Virginia Law Review

This Article proposes a cohesive interpretation of the Electronic Com- munications Privacy Act ("ECPA") designed to protect employees' basic right to privacy in their electronic communications. The difficulty of new technology outpacing the law's ability to protect employees' privacy from electronic moni- toring by employers is widely acknowledged. Yet, scholars have generally over- looked or dismissed the potential of the ECPA to provide privacy protection for employees in the electronic workplace, calling instead for reform through the legislative process. Nevertheless, despite increasing calls from a broad range of entities for stronger privacy protections, passage of new legislation designed to adequately …


Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich Jan 2012

Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich

West Virginia Law Review

No abstract provided.


You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones Jan 2012

You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones

West Virginia Law Review

No abstract provided.


Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey Jan 2012

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey

West Virginia Law Review

No abstract provided.


Medical Professional Liability Litigation In West Virginia: Part Ii, Thomas J. Hurney Jr., Jennifer M. Mankins Jan 2012

Medical Professional Liability Litigation In West Virginia: Part Ii, Thomas J. Hurney Jr., Jennifer M. Mankins

West Virginia Law Review

No abstract provided.


Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney Jan 2012

Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney

West Virginia Law Review

No abstract provided.


The Early Demise Of Early Release, Cecelia Klingele Jan 2012

The Early Demise Of Early Release, Cecelia Klingele

West Virginia Law Review

Reversing the tough-on-crime policies that have defined American criminal justice for the past two decades, cash-strapped states across the nation have begun reducing the number of people they confine in prisons and jails. In their efforts to reduce correctional populations, numerous states have passed laws that allow parole boards, prison officials, or judges to shorten the sentences of people already serving time in custody. These so-called "early release" laws have proven highly controversial and in at least three states have been repealed outright. In others, they remain on the books but have provided less savings than anticipated because of the …


Shareholder Litigation After The Meltdown, Daniel J. Morrissey Jan 2012

Shareholder Litigation After The Meltdown, Daniel J. Morrissey

West Virginia Law Review

No abstract provided.


Going Native: Incentive, Identity, And The Inherent Ethical Problem Of In-House Counsel, Pam Jenoff Jan 2012

Going Native: Incentive, Identity, And The Inherent Ethical Problem Of In-House Counsel, Pam Jenoff

West Virginia Law Review

No abstract provided.


Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii Sep 2011

Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


The Dodd-Frank Corporation: More Than A Nexus-Of-Contracts, Stefan J. Padfield Sep 2011

The Dodd-Frank Corporation: More Than A Nexus-Of-Contracts, Stefan J. Padfield

West Virginia Law Review

No abstract provided.


Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams Sep 2011

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

West Virginia Law Review

No abstract provided.


What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts Sep 2011

What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts

West Virginia Law Review

No abstract provided.


An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown Sep 2011

An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown

West Virginia Law Review

No abstract provided.


The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner Sep 2011

The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner

West Virginia Law Review

No abstract provided.


Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer Sep 2011

Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer

West Virginia Law Review

No abstract provided.


Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic Sep 2011

Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic

West Virginia Law Review

No abstract provided.


Addressing Environmental Injustices: A Capability Approach To Rulemaking, Shannon M. Roesler Sep 2011

Addressing Environmental Injustices: A Capability Approach To Rulemaking, Shannon M. Roesler

West Virginia Law Review

No abstract provided.


Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson Apr 2011

Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson

West Virginia Law Review

No abstract provided.


State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines Apr 2011

State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines

West Virginia Law Review

No abstract provided.


A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor Apr 2011

A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor

West Virginia Law Review

No abstract provided.


A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey Apr 2011

A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey

West Virginia Law Review

No abstract provided.


Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich Apr 2011

Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich

West Virginia Law Review

No abstract provided.


Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman Apr 2011

Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman

West Virginia Law Review

The rapidly emerging field of synthetic biology has tremendous potential to address some of the most compelling challenges facing our planet by providing clean renewable energy, nutri- tionally-enhanced and environmentally friendly agricultural products, and revolutionary new life-saving cures. However, leaders in the synthetic biology movement have voiced concern that biotechnology's current patent-centric approach to intellec- tual property is in many ways ill-suited to meet the challenge of synthetic biology, threatening to impede follow-on innovation and open access technology. For years, copyright and patent protection for computer software have existed side-by-side, the two forms of intellectual property complementing one another. Numerous …


The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater Apr 2011

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater

West Virginia Law Review

No abstract provided.


Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee Apr 2011

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.


Adverse Possession Of The State's Property, John W. Fisher Ii Apr 2011

Adverse Possession Of The State's Property, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders Jan 2011

Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders

West Virginia Law Review

Multiemployer collective bargaining relationships between un- ions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the associ- …


Modem Products Liability Law In West Virginia, Philip Combs, Andrew Cooke Jan 2011

Modem Products Liability Law In West Virginia, Philip Combs, Andrew Cooke

West Virginia Law Review

No abstract provided.


The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale Jan 2011

The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale

West Virginia Law Review

No abstract provided.