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Articles 1 - 30 of 31
Full-Text Articles in Law
Betterment Accounting: A Requiem By The Sec, James M. Van Nostrand
Betterment Accounting: A Requiem By The Sec, James M. Van Nostrand
Law Faculty Scholarship
The railroad industry, unlike almost every other industry, has a depreciation accounting system all its own known as betterment accounting. In sharp contrast to generally-accepted methods of depreciation, such as ratable depreciation, where the cost of the capital asset is systematically expensed over the useful life of the asset, under the betterment practice, the initial cost of track structures is recorded as a nondepreciable asset. Subsequent replacement costs are then charged directly to operating expense as an "adequately reliable" measure of depreciation. Justifications for this unique system of accounting relate primarily to the peculiar nature of railroad track structure-a large …
Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford
Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford
West Virginia Law Review
No abstract provided.
The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker
The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker
West Virginia Law Review
No abstract provided.
Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield
Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield
West Virginia Law Review
No abstract provided.
The Legal Protection Of Printed Systems, Dale P. Olson
The Legal Protection Of Printed Systems, Dale P. Olson
West Virginia Law Review
No abstract provided.
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
The Implied Warranty Of Habitability In Residential Leases, Glen L. Kettering
West Virginia Law Review
The implied warranty of habitability is a property law concept of relatively recent vintage. The development of this tenant-oriented principle has necessarily involved a departure from the traditional doctrine of caveat emptor. This Note will discuss the implied warranty of habitability itself, the rationale behind it, and the remedies it has made available to the residential tenant subjected to unsafe and unhealthy living conditions. Although much of the Note is devoted to judicial treatment of the implied warranty, particular attention is given to the recent adoption of the warranty by the American Law Institute in its second Restatement of Property. …
Usury--A Primer On The West Virginia Law, Richard S. Stephenson, George A. Patterson
Usury--A Primer On The West Virginia Law, Richard S. Stephenson, George A. Patterson
West Virginia Law Review
No abstract provided.
The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard
The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard
West Virginia Law Review
The November elections of 1976 brought about a major change in the composition of the West Virginia Supreme Court of Appeals. Three new justices, a majority of the court, were elected. The consequences of the election have been widely felt throughout the State. In no area has its impact been greater, however, than in the area of workmen's compensation law. The court has shown a great willingness to hear workmen's compensation appeals. In reviewing such appeals, the court has chosen to play an active role in the review of evidence, something generally avoided by prior courts. There has been little …
The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly
The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly
West Virginia Law Review
No abstract provided.
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
West Virginia Law Review
No abstract provided.
The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce
The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce
West Virginia Law Review
No abstract provided.
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
West Virginia Law Review
Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …
The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins
The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins
West Virginia Law Review
On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …
Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck
Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck
West Virginia Law Review
On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …
Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant
Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant
West Virginia Law Review
No abstract provided.
The Legal Persona: An Essay On The Professional Mask, James R. Elkins
The Legal Persona: An Essay On The Professional Mask, James R. Elkins
Law Faculty Scholarship
The legal profession offers little opportunity for the practitioner to analyze the fundamental constructs underlying the legal system or the dynamics of the lawyering process. Jurisprudence and legal education traditionally have emphasized the external aspects of law, implying that man is a rational decisionmaker who freely controls his life and shapes societal institutions., This approach is unrealistic because it neglects the psychological dimension of man and the complexity of man's behavior. Jurisprudential scholars and legal educators should recognize that a growing body of sophisticated literature in linguistics and anthropology as well as social psychology and psychiatry is also relevant to …
Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley
Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley
West Virginia Law Review
No abstract provided.
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley
Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
West Virginia Law Review
No abstract provided.
Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen
Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen
West Virginia Law Review
No abstract provided.
An Historical View Of The Term Esquire As Used By Modern Women Attorneys, Richard Bozman Eaton
An Historical View Of The Term Esquire As Used By Modern Women Attorneys, Richard Bozman Eaton
West Virginia Law Review
No abstract provided.
Consumer Law--The Supervised Loan In West Virginia, Jon David Levy
Consumer Law--The Supervised Loan In West Virginia, Jon David Levy
West Virginia Law Review
The supervised (small) loan is just one piece in the patchwork of transactions characterized as consumer credit. It is designed to increase the availability of credit for consumers in a form attractive to legitimate lenders who are permitted to issue loans with a low ceiling on the maximum principal amount, and a high ceiling on the permissible rate of interest. The other primary feature of the supervised loan, in trade off to its exemption from general usury requirements, is comprehensive regulation. As a result, supervised loan legislation is uniformly characterized by scrupulous licensing and oversight requirements. The one source perhaps …
Conflict Of Laws--An Alternative To Lex Loci Delicti In West Virginia, F. Samuel Byrer
Conflict Of Laws--An Alternative To Lex Loci Delicti In West Virginia, F. Samuel Byrer
West Virginia Law Review
No abstract provided.
Toward Constitutionalizing The Corporation: A Speculative Essay, Arthur S. Miller
Toward Constitutionalizing The Corporation: A Speculative Essay, Arthur S. Miller
West Virginia Law Review
No abstract provided.
Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea
Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea
West Virginia Law Review
No abstract provided.
Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle
Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle
West Virginia Law Review
No abstract provided.
Limitations On Rule 10b-5, Arthur J. Marinelli Jr.
Limitations On Rule 10b-5, Arthur J. Marinelli Jr.
West Virginia Law Review
The federal securities acts of 1933 and 1934 sought to protect the investing public against fraud and manipulation by replacing the doctrine of caveat emptor with a system of full disclosure. Section 10(b) of the Securities Exchange Act of 1934 gives the Securities and Exchange Commission the power to promulgate rules in order to prohibit "any manipulative or deceptive device or contrivance." In 1942 the Commission adopted rule 10b-5 to implement the "catch-all" provision of section 10(b) which can be viewed as a grant of wide-ranging discretion to the SEC. Although all of the elements necessary for recovery in a …
Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price
Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price
West Virginia Law Review
No abstract provided.