Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (15)
- Constitutional Law (5)
- Health Law and Policy (3)
- First Amendment (2)
- Food and Drug Law (2)
-
- Oil, Gas, and Mineral Law (2)
- Business (1)
- Communications Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Energy and Utilities Law (1)
- Environmental Law (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Law and Politics (1)
- Law and Society (1)
- Legislation (1)
- Marketing (1)
- Marketing Law (1)
- Natural Resources Law (1)
- Privacy Law (1)
- Science and Technology Law (1)
- Securities Law (1)
- Sexuality and the Law (1)
- Tax Law (1)
- Publication Year
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov
Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov
West Virginia Law Review
Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Consumer Law Scholarship
This white paper was commissioned by the Center for Consumer Law and Education, a joint initiative launched by West Virginia University and Marshall University to “coordinate the development of consumer law, policy, and education research to support and serve consumers.”
As such, this paper has a dual purpose. First, it provides a comprehensive overview of the many different legal issues that affect data privacy concerns (both nationally and in West Virginia). Second, it documents and discusses the result of a survey and specific focus groups that were undertaken throughout the fall of 2019 into January 2020 where individuals within the …
Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy
Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy
West Virginia Law Review
No abstract provided.
Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas
Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas
West Virginia Law Review
No abstract provided.
Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin
Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin
West Virginia Law Review
No abstract provided.
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
West Virginia Law Review
No abstract provided.
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
West Virginia Law Review
No abstract provided.
Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley
Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley
West Virginia Law Review
No abstract provided.
Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong
Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong
West Virginia Law Review
In an earlier issue of the present volume of the Review, an effort was made to dispel the seeming absurdity that "Separation of Powers, the cardinal principle upon which the federal and all state governments are founded, a great American contribution to the science of government, violates the due process clause!" The quotation is from an able and exhaustive article on Judicial Review of Administrative Action in West Virginia, written by Kenneth Gulp Davis at the beginning of a teaching and writing career which has brought him preminence in the field of Administrative Law. The article appeared in Volume 44 …
Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong
Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong
West Virginia Law Review
In the pages of Volume 44 of the West Virginia Law Quarterly, Professor Kenneth Culp Davis, then a young law teacher in this College of Law, found in certain decisions of the supreme court of this State and of the Supreme Court of the United States the paradox that "Separation of powers, the cardinal principle upon which the federal and all the state governments are founded, a great American contribution to the science of government, violates the due process clause!" To Professor Davis this result seemed exceedingly absurd, and in this adverse judgment he has had with him the great …
Administrative Law--The Right To Judicial Review Of Administrative Action, Thomas Franklin Mccoy
Administrative Law--The Right To Judicial Review Of Administrative Action, Thomas Franklin Mccoy
West Virginia Law Review
No abstract provided.
The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis
The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis
West Virginia Law Review
When the Twentieth Century acceleration of administrative dispensation of justice has come criticism of procedures followed by administrative agencies. Many complaints focus upon procedural differences between administrative and judicial adjudication, considering the latter as the acceptable norm and any deviation therefrom by administrative officials as erroneous. One such objection is that administrative tribunals do not adhere to the Anglo-American doctrine of precedent; that, instead of acting in accord with generalizations gleaned from their previous adjudications, they treat each case as a single, unique instance. Criticism of this sort presupposes that the same values served by judicial adherence to precedent are …
Administrative Law--Res Judicata--Determination Of The Jursidictional Fact, D. A. B.
Administrative Law--Res Judicata--Determination Of The Jursidictional Fact, D. A. B.
West Virginia Law Review
No abstract provided.
Power Of Administrative Agencies To Grant Rehearings, T. E. M., R. B. P.
Power Of Administrative Agencies To Grant Rehearings, T. E. M., R. B. P.
West Virginia Law Review
No abstract provided.
Administrative Finality In Claims For Overcharges, Thomas P. Hardman
Administrative Finality In Claims For Overcharges, Thomas P. Hardman
West Virginia Law Review
No abstract provided.