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Articles 1 - 30 of 56
Full-Text Articles in Law
Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin
Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
West Virginia Law Review
No abstract provided.
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
West Virginia Law Review
No abstract provided.
The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell
The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell
West Virginia Law Review
No abstract provided.
Ballot Access: Applying The Constitutional Balancing Test To The West Virginia Election Code, David A. Mohler
Ballot Access: Applying The Constitutional Balancing Test To The West Virginia Election Code, David A. Mohler
West Virginia Law Review
No abstract provided.
Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias
Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias
West Virginia Law Review
In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …
West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr.
West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr.
West Virginia Law Review
No abstract provided.
Revenue Bonds For Commercial Development In West Virginia: The Endorsement By The West Virginia Supreme Court Of Appeals, Steven F. White
Revenue Bonds For Commercial Development In West Virginia: The Endorsement By The West Virginia Supreme Court Of Appeals, Steven F. White
West Virginia Law Review
No abstract provided.
Mitchell And Its Progeny: An Analysis Of Recent Developments In The Payment Of Temporary Total Disability Benefits In Workmen's Compensation Cases, Joseph S. Beeson
Mitchell And Its Progeny: An Analysis Of Recent Developments In The Payment Of Temporary Total Disability Benefits In Workmen's Compensation Cases, Joseph S. Beeson
West Virginia Law Review
The West Virginia Supreme Court of Appeals, since it achieved its present composition by virtue of the November, 1976, general election, has had a dramatic impact on the development of workmen's compensation law in West Virginia. Although it is difficult to single out the most significant decisions of the court in this area, most practitioners would probably agree that the two cases having the greatest impact upon workmen's compensation practice and related matters are Mandolidis v. Elkins Industries, Inc. and Mitchell v. State Workmen's Compensation Commissioner. The Mandolidis decision received extensive treatment in an earlier article in this law review …
Essay--Affirmative Action: Making Decisions, Thomas D. Barton
Essay--Affirmative Action: Making Decisions, Thomas D. Barton
West Virginia Law Review
No abstract provided.
A Judicial Dilemma: Real Or Imagined, Forrest J. Bowman
A Judicial Dilemma: Real Or Imagined, Forrest J. Bowman
West Virginia Law Review
No abstract provided.
Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill
Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill
West Virginia Law Review
The system of tenure in American higher education has been advanced as necessary to protect academic freedom and to encourage faculty innovation and independence of judgment. The system has not been immune from attack. Whether or not the reasons for the tenure system are sound and its purposes laudatory, tenure has resulted in a classification scheme for faculty members which has had profound effects on their legal and constitutional rights. It is this issue regarding tenure which is to be examined here. This Note will consider the constitutional rights of nontenured faculty in public colleges and universities, as interpreted in …
Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield
Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield
West Virginia Law Review
Within the past decade, the level of environmental consciousness within our society has increased appreciably with the recognition of how delicate the ecological balance is and how easily it may be disrupted. Such consciousness has manifested itself primarily in stricter standards governing the emission of pollutants into the air and water. Unfortunately, this justifiable preoccupation with the quality of our air and water has overshadowed the needless desecration of America's land resources through the inadequate and environmentally unsound practices associated with the disposal of solid wastes. The purposes of this Note are to identify the scope of the solid waste …
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
West Virginia Law Review
No abstract provided.
Special Student Project: Developments Under The Surface Mining Control And Reclamation Act Of 1977, William Sunday Winfrey Ii, Cheryl Lee Davis, Larry W. Blalock, Lawrence W. Hancock, Allen R. Prunty
Special Student Project: Developments Under The Surface Mining Control And Reclamation Act Of 1977, William Sunday Winfrey Ii, Cheryl Lee Davis, Larry W. Blalock, Lawrence W. Hancock, Allen R. Prunty
West Virginia Law Review
The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is one of the most significant enactments ever to affect the coal mining industry. In pervasive fashion, it is intended to control virtually every environmental aspect of surface mining as well as all surface effects of underground coal mining. The responsibility for establishing a regulatory program to refine and implement the Act is vested in the United States Department of the Interior. However, as individual regulatory plans are submitted by the states and approved by the Secretary of the Interior, the Act provides for an assumption by the states of …
A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway
A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway
West Virginia Law Review
The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …
Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly
Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly
West Virginia Law Review
Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …
Clean Air Act Proceedings Affecting National Coal Markets: An Examination Of The Authority Of The President To Allocate Markets, James M. Friedman
Clean Air Act Proceedings Affecting National Coal Markets: An Examination Of The Authority Of The President To Allocate Markets, James M. Friedman
West Virginia Law Review
No abstract provided.
Federal And State Regulatory Authority Under The Surface Mining Control And Reclamation Act Of 1977, Steven L. Friedman, Henry F. Siedzikowski
Federal And State Regulatory Authority Under The Surface Mining Control And Reclamation Act Of 1977, Steven L. Friedman, Henry F. Siedzikowski
West Virginia Law Review
No abstract provided.
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
West Virginia Law Review
No abstract provided.
Coal: The Coming Decade, Jennings Randolph
Coal: The Coming Decade, Jennings Randolph
West Virginia Law Review
No abstract provided.
Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark
Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark
West Virginia Law Review
No abstract provided.
A Common Sense Approach To Coal's Role In Resolving America's Energy Crisis, John D. Rockefeller Iv
A Common Sense Approach To Coal's Role In Resolving America's Energy Crisis, John D. Rockefeller Iv
West Virginia Law Review
No abstract provided.
The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach
The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach
West Virginia Law Review
Title IV of the Federal Coal Mine Health and Safety Act of 1969 [the Black Lung Act], as amended by the Black Lung Benefits Reform Act of 1977 establishes, inter alia, a new presumption intended to substantially assist widows and other dependent survivors of coal miners in gaining benefits for disability caused by coal workers' pneumoconiosis (more commonly known as black lung disease). Survivors of coal miners who died before March 1, 1978, with twenty-five or more years of coal mine employment accrued prior to July 1, 1971, are presumed to be entitled to benefits unless it is established that, …
A Tax Incentive Approach To The Depletion Allowance Dilemma, Thomas E. Bulleit Jr.
A Tax Incentive Approach To The Depletion Allowance Dilemma, Thomas E. Bulleit Jr.
West Virginia Law Review
No abstract provided.
Federal Income Tax Treatment Of The Acquisition And Disposition Of Coal Interests: An Examination Of I.R.C. 631(C), John C. Coggin Iii
Federal Income Tax Treatment Of The Acquisition And Disposition Of Coal Interests: An Examination Of I.R.C. 631(C), John C. Coggin Iii
West Virginia Law Review
No abstract provided.
Acquisition Of Coal Property Interests: Some Federal Tax Planning Observations, Aaron H. Haspel, Douglas Sumner
Acquisition Of Coal Property Interests: Some Federal Tax Planning Observations, Aaron H. Haspel, Douglas Sumner
West Virginia Law Review
No abstract provided.
The Rockefeller Amendment: Its Origins, Its Effect And Its Future, Dennis M. Abrams
The Rockefeller Amendment: Its Origins, Its Effect And Its Future, Dennis M. Abrams
West Virginia Law Review
No abstract provided.
Federal Income Tax Aspects Of The Disposition Of Coal Interests By A Corporation, Louis S. Southworth, James H. Nix
Federal Income Tax Aspects Of The Disposition Of Coal Interests By A Corporation, Louis S. Southworth, James H. Nix
West Virginia Law Review
No abstract provided.