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Constitutional Law Commons™

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West Virginia University

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Articles 241 - 270 of 535

Full-Text Articles in Constitutional Law

Prospective Remedies In Constitutional Adjudication, Doug Rendleman Feb 1976

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 Feb 1976

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 Feb 1976

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 Feb 1976

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 Jun 1975

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 Jun 1975

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 Feb 1975

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 Jun 1974

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. Jun 1974

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. Apr 1974

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 Feb 1974

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 Nov 1973

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 Nov 1973

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 Nov 1973

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 Apr 1973

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 Dec 1972

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 Dec 1972

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 Oct 1972

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 Sep 1972

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 Apr 1972

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 Nov 1971

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 Nov 1971

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. Nov 1971

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 Nov 1971

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 Sep 1971

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 Sep 1971

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 Sep 1971

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 May 1971

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 May 1971

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 Feb 1971

Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert

West Virginia Law Review

No abstract provided.