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Articles 1 - 30 of 35
Full-Text Articles in Law
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
West Virginia Law Review
No abstract provided.
Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener
Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener
West Virginia Law Review
No abstract provided.
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
West Virginia Law Review
No abstract provided.
The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright
The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright
West Virginia Law Review
Problematic relations between the White House and the U.S. Department of Justice stand out even amidst the broader tumult of President Donald Trump's first year in office. With respect to written policy restricting contacts between the White House staff and the Department, the Trump White House has followed the general contours of predecessor administrations. Those policies recognize that White House contacts restrictions vary with the Department’s complex functions, restrict channels of contact, and restrict personnel authorized to make contacts. They also grant limited exceptions where White House-Department contact is required to assist the President in the performance of a constitutional …
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
West Virginia Law Review
No abstract provided.
Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott
Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott
West Virginia Law Review
This Essay explores the two-sided challenge of geographic discrimination, where U.S. citizens receive disparate treatment from other citizens or the government solely because of where they live or self-identify as home, through the interdisciplinary concepts of space, place, and distance; and an original examination of discrimination against Appalachians. Such disparate treatment is unavoidable and even arguably politically correct. Where we call home matters in a number of legitimate ways to include our access to jobs and services, culture, educational opportunities, and other basic human capabilities. Although technology has increased individual mobility more than ever before, a majority of Americans nevertheless …
Privacy Spaces, Bert-Jaap Koops
Privacy Spaces, Bert-Jaap Koops
West Virginia Law Review
Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …
Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden
Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden
West Virginia Law Review
No abstract provided.
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
West Virginia Law Review
No abstract provided.
Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears
Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears
West Virginia Law Review
No abstract provided.
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce
West Virginia Law Review
No abstract provided.
Milking The Estate, David R. Hague
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
West Virginia Law Review
No abstract provided.
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
West Virginia Law Review
No abstract provided.
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …
One Rule To Compensate Them All, Noam Sher
One Rule To Compensate Them All, Noam Sher
West Virginia Law Review
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
West Virginia Law Review
No abstract provided.
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
West Virginia Law Review
No abstract provided.
Realizing The Recession: Modifying Dodd-Frank With A View To The Future, David E. Chaney
Realizing The Recession: Modifying Dodd-Frank With A View To The Future, David E. Chaney
West Virginia Law Review
No abstract provided.
De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths, Nicholas F. Stump, Anne Marie Lofaso
De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths, Nicholas F. Stump, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Healthcare In Appalachia And The Role Of The Federal Government, Robert R. Davis, Shelly Cole
Healthcare In Appalachia And The Role Of The Federal Government, Robert R. Davis, Shelly Cole
West Virginia Law Review
No abstract provided.
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
West Virginia Law Review
No abstract provided.
Community Orchards And Food Security In Appalachia, Ursula Ramsey
Community Orchards And Food Security In Appalachia, Ursula Ramsey
West Virginia Law Review
No abstract provided.
Forward, Jennifer D. Oliva
Black Lung In The 21st Century: Disease, Law, And Policy, Evan Barrett Smith
Black Lung In The 21st Century: Disease, Law, And Policy, Evan Barrett Smith
West Virginia Law Review
No abstract provided.
Unified In Dignified Appalachian Pride, Aaron Ferrari, Will Rhee
Unified In Dignified Appalachian Pride, Aaron Ferrari, Will Rhee
West Virginia Law Review
No abstract provided.
Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso
Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.
Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
West Virginia Law Review
No abstract provided.