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Articles 481 - 510 of 4375
Full-Text Articles in Law
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
West Virginia Law Review
No abstract provided.
Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill
Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill
West Virginia Law Review
A leading theory in the study of judicial behavior is the attitudinal model. This theory maintains that a judge's political ideology can be used to predict how a judge will decide certain cases; other factors, such as the judge's judicial philosophy, tend to be unimportant. Under this theory, two judges with the same political ideology, but different judicial philosophies, should virtually always vote the same way in cases with predicted ideological outcomes. This manuscript tests the attitudinal model by examining opinions by two judges with very similar political ideologies but different judicial philosophies: Judge Michael Luttig and Judge Harvie Wilkinson …
The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick
The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick
West Virginia Law Review
No abstract provided.
Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green
Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green
West Virginia Law Review
No abstract provided.
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
West Virginia Law Review
The vast majority of Fourth Amendment jurisprudence of the last century has been dedicated to parsing the physical and in- tangible boundaries of the home, developing the expectation of privacy, and, as of late, exploring the constitutional implica- tions of an increasingly electronic society. In the midst of this development, one major area has quietly fallen by the wayside - the preservation of bodily integrity. As technology has ren- dered the human body an ever-increasing source of crucial evi- dence, the Supreme Court has remained largely silent on the government's power to harvest information through medical procedures. Since the Court's …
Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson
Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson
West Virginia Law Review
No abstract provided.
Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley
Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley
West Virginia Law Review
Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …
A Tie That Binds: Forum Selection Clause Enforceability In West Virginia, J. Zac Ritchie
A Tie That Binds: Forum Selection Clause Enforceability In West Virginia, J. Zac Ritchie
West Virginia Law Review
No abstract provided.
The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel
The Costs Of Early-Onset Alzheimer's Disease And The Federal Benefits Dilemma, Sarah Mcdaniel
West Virginia Law Review
No abstract provided.
Take Me Home To Conley V. Gibson, Country Roads: An Analysis Of The Effect Of Bell Atlantic Corp. V. Twombly And Ashcroft V. Iqbal On West Virginia's Pleading Doctrine, Devon J. Stewart
West Virginia Law Review
No abstract provided.
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
West Virginia Law Review
No abstract provided.
Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew
Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew
West Virginia Law Review
No abstract provided.
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
West Virginia Law Review
No abstract provided.
Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks
Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks
West Virginia Law Review
No abstract provided.
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
West Virginia Law Review
No abstract provided.
A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii
A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Race, American Law And The State Of Nature, George A. Martinez
Race, American Law And The State Of Nature, George A. Martinez
West Virginia Law Review
This Article advances a new theoretical framework to help explain and understand race and American law. In particular, the Article argues that we can employ a philosophical model to attempt to understand what often occurs when the dominant group deals with persons of color. The Article contends that when the dominant group acts with great power or lack of constraint, it often acts as though it were in what political philosophers have called the state of nature. Thus, the Article argues that there is a tendency for the dominant group to act as though it were in the state of …
Rural Property Law, Alan Romero
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
West Virginia Law Review
No abstract provided.
Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano
Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano
West Virginia Law Review
No abstract provided.
From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon M. Stump
West Virginia Law Review
No abstract provided.
Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski
Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski
West Virginia Law Review
No abstract provided.
The Key To Closing The Tax Gap: Understanding, Susan Striz
The Key To Closing The Tax Gap: Understanding, Susan Striz
West Virginia Law Review
No abstract provided.
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
West Virginia Law Review
No abstract provided.
An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston
An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston
West Virginia Law Review
No abstract provided.
How Great Is America's Tolerance For Judicial Bias - An Inquiry Into The Supreme Court's Decisions In Caperton And Citizens United, Their Implications For Judicial Elections, And Their Effect On The Rule Of Law In The United States, Norman L. Green
West Virginia Law Review
No abstract provided.
Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young
Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young
West Virginia Law Review
No abstract provided.
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
West Virginia Law Review
No abstract provided.
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
West Virginia Law Review
No abstract provided.
Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass
Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass
West Virginia Law Review
No abstract provided.