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Articles 1 - 26 of 26

Full-Text Articles in Law

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.


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.


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.


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.


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.


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.


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.


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.


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 …


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.


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.


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.


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.


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.


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.


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.


Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill Jan 2011

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 …


Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green Jan 2011

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.


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.


The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick Jan 2011

The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick

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- …


Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan Jan 2011

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.


Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll Jan 2011

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 …