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Full-Text Articles in Law

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie Apr 2023

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie

West Virginia Law Review

No abstract provided.


Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod Sep 2021

Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod

West Virginia Law Review

No abstract provided.


Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward Sep 2021

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward

West Virginia Law Review

When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …


Uncertain Immunity: Assessing Qualified Immunity In The Context Of Post-Arrest Excessive-Force Claims Arising Prior To A Judicial Determination Of Probable Cause, J. Tyler Barton Sep 2020

Uncertain Immunity: Assessing Qualified Immunity In The Context Of Post-Arrest Excessive-Force Claims Arising Prior To A Judicial Determination Of Probable Cause, J. Tyler Barton

West Virginia Law Review

No abstract provided.


Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell Sep 2019

Hard Cases Make Bad Law: Extraterritorial Application Of The United States Constitution, Brendan O. Beutell

West Virginia Law Review

The Constitution’s extraterritorial scope does not arise often in litigation. Two recent decisions broached the issue. Both arrived at opposite conclusions. And these decisions share a common thread: They confuse more than they clarify while begetting novel questions of law. Does the Constitution protect noncitizens abroad? If so, how? If not, why not? This Note addresses each of these questions in turn. Ultimately, this Note concludes that the Constitution does not have any extraterritorial application whatsoever to noncitizens abroad.


The Need For A Wealth Inequality Amendment, Stuart Ford Sep 2019

The Need For A Wealth Inequality Amendment, Stuart Ford

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 Dec 2018

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.


Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins Sep 2018

Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins

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.


Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Federalism: The Founders' Design, Jeremy M. Miller Sep 1987

Federalism: The Founders' Design, Jeremy M. Miller

West Virginia Law Review

No abstract provided.


Constitutional Law, Kurt L. Krieger Jan 1987

Constitutional Law, Kurt L. Krieger

West Virginia Law Review

No abstract provided.


Constitutional Law, Renatha S. Hodgson Jan 1986

Constitutional Law, Renatha S. Hodgson

West Virginia Law Review

No abstract provided.


Constitutional Law--Discretionary Acts Of Governor Feb 1971

Constitutional Law--Discretionary Acts Of Governor

West Virginia Law Review

No abstract provided.


Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett Feb 1970

Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett

West Virginia Law Review

No abstract provided.


Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges Feb 1970

Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges

West Virginia Law Review

No abstract provided.


Constitutional Law--Inter--Institutional Juvenile Transfer: Due Process And Equal Protection, Delby Barker Stobbs Feb 1970

Constitutional Law--Inter--Institutional Juvenile Transfer: Due Process And Equal Protection, Delby Barker Stobbs

West Virginia Law Review

No abstract provided.


Constitutional Law--Procedural Due Process Application To Pre-Judgement Garnishment, David Jeffrey Millstone Feb 1970

Constitutional Law--Procedural Due Process Application To Pre-Judgement Garnishment, David Jeffrey Millstone

West Virginia Law Review

No abstract provided.


Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr. Feb 1970

Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core Dec 1968

Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core

West Virginia Law Review

No abstract provided.


The Justice Of The Peace: Constitutional Questions, George Lawson Partain Apr 1967

The Justice Of The Peace: Constitutional Questions, George Lawson Partain

West Virginia Law Review

No abstract provided.


Constitutional Law--Extension Of State Credit--Inductrial Development Bond Act, Ralph Judy Bean Jr. Apr 1965

Constitutional Law--Extension Of State Credit--Inductrial Development Bond Act, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--The Widening Scope Of State Habeas Corpus Relief, Lester Clay Hess Jr. Apr 1965

Constitutional Law--The Widening Scope Of State Habeas Corpus Relief, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, David Gail Hanlon Dec 1964

Abstracts Of Recent Cases, David Gail Hanlon

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Ward Day Stone Jr. Apr 1964

Abstracts Of Recent Cases, Ward Day Stone Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, T. E. P. Dec 1957

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.


Constitutional Law--Treaties--The United Nations Charter As The Supreme Law Of The Land, R. E. M. Dec 1950

Constitutional Law--Treaties--The United Nations Charter As The Supreme Law Of The Land, R. E. M.

West Virginia Law Review

No abstract provided.


Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr. Dec 1937

Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr.

West Virginia Law Review

No abstract provided.


Power Of A State To Tax Intangibles Of A Foreign Corporation, H. A. W. Apr 1937

Power Of A State To Tax Intangibles Of A Foreign Corporation, H. A. W.

West Virginia Law Review

No abstract provided.