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Articles 31 - 60 of 535
Full-Text Articles in Constitutional Law
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Withdrawing From Nafta, Alison Peck
Withdrawing From Nafta, Alison Peck
Faculty & Staff Scholarship
Since the 2016 campaign, Donald Trump has threatened to withdraw from NAFTA. Can he? The question is complex. For one thing, NAFTA is not a treaty negotiated under the Treaty Clause of the Constitution, but rather a congressional–executive agreement, a creature of dubious con- stitutionality and ill-defined withdrawal and termination parameters. This Article reviews the scope of those restrictions and concludes that unilateral presidential withdrawal from NAFTA, although not without support, is ultimately unlawful. On one hand, unilateral presidential withdrawal would be valid as a matter of international law, and the NAFTA Implementation Act appears to be designed to terminate …
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.
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.
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.
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 …
Aligning Education Rights And Remedies, Joshua Weishart
Aligning Education Rights And Remedies, Joshua Weishart
Law Faculty Scholarship
Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
West Virginia Law Review
The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …
Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump
Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump
West Virginia Law Review
No abstract provided.
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
West Virginia Law Review
No abstract provided.
Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher
Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher
West Virginia Law Review
No abstract provided.
Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto
Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto
West Virginia Law Review
No abstract provided.
Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith
Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith
West Virginia Law Review
No abstract provided.
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
West Virginia Law Review
No abstract provided.
Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid
Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid
West Virginia Law Review
In an era of diminishing privacy, the Internet of Things ("loT") has become a consensual and inadvertent tool that undermines privacy protection. The loT, really systems of networks connected to each other by the Internet or other radio-type device, creates consensual mass self-surveillance in such domains as fitness and the Fitbit, health care and heart monitors, "smart" houses and cars, and even "smart" cities. The multiple networks also have created a degree of interconnectivity that has opened up a fire hose of information for companies and governments alike, as well as making it virtually insuperable to live "off the grid" …
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.
Professional Speech And The First Amendment, Rodney A. Smolla
Professional Speech And The First Amendment, Rodney A. Smolla
West Virginia Law Review
No abstract provided.
Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang
Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang
West Virginia Law Review
No abstract provided.
Homer Plessy's Forgotten Plea For Inclusion: Seeing Color, Erasing Color-Lines, Sheldon Novick
Homer Plessy's Forgotten Plea For Inclusion: Seeing Color, Erasing Color-Lines, Sheldon Novick
West Virginia Law Review
No abstract provided.
Reconstituting The Right To Education, Joshua Weishart
Reconstituting The Right To Education, Joshua Weishart
Law Faculty Scholarship
Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.
Deconstructed, the right to education held by children has been formulated doctrinally as both a …
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
West Virginia Law Review
No abstract provided.
Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark
Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark
West Virginia Law Review
No abstract provided.
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud
West Virginia Law Review
No abstract provided.
Compelled Commercial Speech, Robert Post
Compelled Commercial Speech, Robert Post
West Virginia Law Review
No abstract provided.
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
West Virginia Law Review
No abstract provided.
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
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.
The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones
The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones
West Virginia Law Review
No abstract provided.