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West Virginia Law Review

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Full-Text Articles in Law

If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod Jan 2005

If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod

West Virginia Law Review

No abstract provided.


Who Owns Coalbed Methane In West Virginia, S. Ryan White Jan 2005

Who Owns Coalbed Methane In West Virginia, S. Ryan White

West Virginia Law Review

No abstract provided.


Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards Jan 2005

Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards

West Virginia Law Review

In Fall 2002, the Federal Trade Commission held a Workshop exploring the problem of misleading weight-loss promotional pitches. After the agency spent decades cleaning up deceptive advertising, the weight-loss industry continues to be replete with such tactics. In an attempt to more aggressively attack those deceptions, the FTC used the Workshop as a forum to suggest that media should play a more active role in screening ads for diet products and programs. Some saw this as an implied threat that the agency may begin holding media liable for publishing those ads. Media protest that this forces them into the de …


Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt Jan 2005

Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt

West Virginia Law Review

No abstract provided.


Want Fries With That - A Critical Analysis Of Fast Food Litigation, Donald R. Richardson Jan 2005

Want Fries With That - A Critical Analysis Of Fast Food Litigation, Donald R. Richardson

West Virginia Law Review

No abstract provided.


A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel Jan 2005

A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel

West Virginia Law Review

No abstract provided.


Yes, West Virginia, There Is A Special Priority For The Purchase Money Mortgage: The Recognition Of Purchase Money Mortgage Priority In West Virginia, Abraham M. Ashton Jan 2005

Yes, West Virginia, There Is A Special Priority For The Purchase Money Mortgage: The Recognition Of Purchase Money Mortgage Priority In West Virginia, Abraham M. Ashton

West Virginia Law Review

No abstract provided.


Dedication To The Memory Of Dean Willard D. Lorensen Sep 2004

Dedication To The Memory Of Dean Willard D. Lorensen

West Virginia Law Review

No abstract provided.


This Land Is Your Land (Our Right To The Environment), Victor B. Flatt Sep 2004

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.


The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey Sep 2004

The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey

West Virginia Law Review

No abstract provided.


Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce Sep 2004

Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce

West Virginia Law Review

No abstract provided.


Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers Sep 2004

Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers

West Virginia Law Review

No abstract provided.


The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore Sep 2004

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore

West Virginia Law Review

No abstract provided.


West Virginia's Seemingly Eternal Struggle For Fiscally And Environmentally Adequate Coal Mining Reclamation Bonding Program, Craig B. Giffin Sep 2004

West Virginia's Seemingly Eternal Struggle For Fiscally And Environmentally Adequate Coal Mining Reclamation Bonding Program, Craig B. Giffin

West Virginia Law Review

No abstract provided.


Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson Sep 2004

Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson

West Virginia Law Review

No abstract provided.


The Generality Of Law, Frederick Schauer Sep 2004

The Generality Of Law, Frederick Schauer

West Virginia Law Review

No abstract provided.


Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr. Sep 2004

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge Apr 2004

Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge

West Virginia Law Review

No abstract provided.


Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck Apr 2004

Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck

West Virginia Law Review

No abstract provided.


The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman Apr 2004

The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman

West Virginia Law Review

No abstract provided.


Closing Arguments In West Virginia: A Practitioner's Guide, Brian J. Headley Apr 2004

Closing Arguments In West Virginia: A Practitioner's Guide, Brian J. Headley

West Virginia Law Review

No abstract provided.


Bad Facts, Bad Law: Feliciano V. 7-Eleven, Inc. And Self-Defense As A Substantial Public Policy, Thomas H. Ewing Apr 2004

Bad Facts, Bad Law: Feliciano V. 7-Eleven, Inc. And Self-Defense As A Substantial Public Policy, Thomas H. Ewing

West Virginia Law Review

No abstract provided.


Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele Apr 2004

Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele

West Virginia Law Review

No abstract provided.


Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock Apr 2004

Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock

West Virginia Law Review

No abstract provided.


Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna Apr 2004

Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna

West Virginia Law Review

No abstract provided.


The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey Jan 2004

The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey

West Virginia Law Review

No abstract provided.


Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend Jan 2004

Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend

West Virginia Law Review

No abstract provided.


When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker Jan 2004

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.


Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto Jan 2004

Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto

West Virginia Law Review

No abstract provided.


The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner Jan 2004

The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner

West Virginia Law Review

No abstract provided.