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Articles 241 - 270 of 535
Full-Text Articles in Constitutional Law
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
West Virginia Law Review
The archetypal constitutional plaintiff represents a class, sues in federal court, and asks the court to declare something unconstitutional and to effect a remedy against a local or state government official. If this litigant succeeds, the court must accommodate its remedy to federalism's perquisites. The remedy should advance some substantive or constitutional purpose. The mutual respect compelled by federalism exacerbates the inherent difficulties of attaining a successful remedy. This article examines the remedial relationships between class actions, declaratory judgments, and injunctions. The remedial task is to convert law into results. Most people comply with the law when it is communicated …
Historical Development And Subsequent Erosion Of The Right To Keep And Bear Arms, James B. Whisker
Historical Development And Subsequent Erosion Of The Right To Keep And Bear Arms, James B. Whisker
West Virginia Law Review
No abstract provided.
Constitutional Law--The Children's Crusade For Constitutional Recognition, John B. Koch
Constitutional Law--The Children's Crusade For Constitutional Recognition, John B. Koch
West Virginia Law Review
No abstract provided.
Constitutional Law--Libel And Slander--Defamation Of Political Candidates, David John Romano
Constitutional Law--Libel And Slander--Defamation Of Political Candidates, David John Romano
West Virginia Law Review
No abstract provided.
Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley
Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley
West Virginia Law Review
No abstract provided.
Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell
Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell
West Virginia Law Review
The concept of sovereign immunity has long been a vibrant force in American law, overshadowing the inequities it created by the theory that government was responsible only for those wrongs it chose to recognize from a moral consciousness inherent within the state. When the thirteen colonies banded together to form the union known as the United States of America, state government played a relatively minor role in the lives of the people. Of the few disputes that did arise between states and citizens, mainly payment of bond obligations incurred during the Revolutionary War, most were settled out of court. As …
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
West Virginia Law Review
No abstract provided.
Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers
Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers
West Virginia Law Review
No abstract provided.
A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr.
A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--State Taxation Of Interstate Commerce--Commerce Clause Analysis, Charles F. Printz Jr.
Constitutional Law--State Taxation Of Interstate Commerce--Commerce Clause Analysis, Charles F. Printz Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law-Right To Privacy-Electronic Surveillance, J. Timothy Dipiero
Constitutional Law-Right To Privacy-Electronic Surveillance, J. Timothy Dipiero
West Virginia Law Review
No abstract provided.
Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty
Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty
West Virginia Law Review
No abstract provided.
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
West Virginia Law Review
No abstract provided.
Constitutional Law--Minimum Protection In Public School Financing, Katherine P. Kenna
Constitutional Law--Minimum Protection In Public School Financing, Katherine P. Kenna
West Virginia Law Review
No abstract provided.
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
West Virginia Law Review
No abstract provided.
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
West Virginia Law Review
No abstract provided.
Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark
Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark
West Virginia Law Review
No abstract provided.
Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell
Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell
West Virginia Law Review
Public education is typically a state function. Yet in all states except Hawaii, primary responsibility and control have rested with the local school boards. These local boards have depended upon the property tax as a primary source of revenue. Recent judicial decisions have struck down some educational financing systems as being in violation of the equal protection clause of the fourteenth amendment. This note will discuss the constitutional issues raised by these decisions and present a statistical analysis of West Virginia's existing system. The purpose is to determine if these decisions are significant to West Virginia's method of funding public …
Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius
Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius
West Virginia Law Review
No abstract provided.
Peace Bond--A Questionable Procedure For A Legitimate State Interest, Charlotte Rolston
Peace Bond--A Questionable Procedure For A Legitimate State Interest, Charlotte Rolston
West Virginia Law Review
No abstract provided.
The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter
The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter
West Virginia Law Review
No abstract provided.
Constitutional Law--West Virginia's Distress For Rent Law--A Landlord's Remedy Vs. A Tenant's Protections, William Charles Garrett
Constitutional Law--West Virginia's Distress For Rent Law--A Landlord's Remedy Vs. A Tenant's Protections, William Charles Garrett
West Virginia Law Review
No abstract provided.
Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr.
Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Motor Vehicle Safety Responsibility Statutes--Necessity For A Hearing On Liability, Stephen R. Crislip
Constitutional Law--Motor Vehicle Safety Responsibility Statutes--Necessity For A Hearing On Liability, Stephen R. Crislip
West Virginia Law Review
No abstract provided.
Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham
Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham
West Virginia Law Review
No abstract provided.
Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett
Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett
West Virginia Law Review
No abstract provided.
Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter
Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter
West Virginia Law Review
No abstract provided.
Conscientious Objection: The Constitutional Questions, Howard R. Lurie
Conscientious Objection: The Constitutional Questions, Howard R. Lurie
West Virginia Law Review
No abstract provided.
Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner
Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner
West Virginia Law Review
No abstract provided.
Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert
Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert
West Virginia Law Review
No abstract provided.