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West Virginia Law Review

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Articles 181 - 210 of 519

Full-Text Articles in Constitutional Law

Constitutional Law, Renatha S. Hodgson Jan 1986

Constitutional Law, Renatha S. Hodgson

West Virginia Law Review

No abstract provided.


The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal Jun 1985

The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal

West Virginia Law Review

No abstract provided.


Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking Jun 1985

Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking

West Virginia Law Review

No abstract provided.


New York V. Quarles: Dimming Miranda's Bright Line, W. Scott Campbell Jan 1985

New York V. Quarles: Dimming Miranda's Bright Line, W. Scott Campbell

West Virginia Law Review

No abstract provided.


The Constitution Of The Bureaucratic State, Mark Tushnet Jun 1984

The Constitution Of The Bureaucratic State, Mark Tushnet

West Virginia Law Review

No abstract provided.


The Constitution Of The Bureaucratic State--A Response To Professor Tushnet, Thomas Barton Jun 1984

The Constitution Of The Bureaucratic State--A Response To Professor Tushnet, Thomas Barton

West Virginia Law Review

No abstract provided.


The Constitution Of The Bureaucratic State--A Response To Professor Tushnet, Carl M. Selinger Jun 1984

The Constitution Of The Bureaucratic State--A Response To Professor Tushnet, Carl M. Selinger

West Virginia Law Review

No abstract provided.


Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy Jan 1984

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.


Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis Sep 1983

Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis

West Virginia Law Review

In Jaffree v. Board of School Commissioners, the United States District Court for the Southern District of Alabama upheld, against a constitutional challenge, teacher led school prayers. In the companion case of Jaffree v. James, the court upheld the Alabama Prayer Law which permitted state sanctioned prayers in public schools. The religious exercises and the Prayer Law were, of course, unconstitutional when viewed in light of decisions of the United States Supreme Court holding that the first amendment erected a wall of separation between church and state. When faced with direct and settled precedent, the lower federal courts generally follow …


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


Confessions, Steven P. Mcgowan Apr 1983

Confessions, Steven P. Mcgowan

West Virginia Law Review

No abstract provided.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


Due Process And Commerce Clause Considerations Under The West Virginia Business And Occupation And Carrier Income Taxes--J.C. Penney To Milacron, Robert G. Lathrop Apr 1983

Due Process And Commerce Clause Considerations Under The West Virginia Business And Occupation And Carrier Income Taxes--J.C. Penney To Milacron, Robert G. Lathrop

West Virginia Law Review

No abstract provided.


State V. Stanley Exclusion Of Statements Made By Illegally Seized Suspects, Rebecca L. Stepto Jan 1983

State V. Stanley Exclusion Of Statements Made By Illegally Seized Suspects, Rebecca L. Stepto

West Virginia Law Review

No abstract provided.


Commerce Clause V. Coal Severance Taxation, Wray Voegelin Aug 1982

Commerce Clause V. Coal Severance Taxation, Wray Voegelin

West Virginia Law Review

No abstract provided.


Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell Jun 1982

Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell

West Virginia Law Review

No abstract provided.


Sate Ex Rel. Watson V. Ferguson: Double Jeopardy And The Same Transaction Test, David W. Frame Jan 1982

Sate Ex Rel. Watson V. Ferguson: Double Jeopardy And The Same Transaction Test, David W. Frame

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1981 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.


"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire Oct 1981

"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire

West Virginia Law Review

We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …


First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick Apr 1981

First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick

West Virginia Law Review

No abstract provided.


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


Social Commentary: Values And Legal Personhood, Jeffrey A. Parness Apr 1981

Social Commentary: Values And Legal Personhood, Jeffrey A. Parness

West Virginia Law Review

No abstract provided.


Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias Dec 1980

Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias

West Virginia Law Review

In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …


The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell Dec 1980

The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill Sep 1980

Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill

West Virginia Law Review

The system of tenure in American higher education has been advanced as necessary to protect academic freedom and to encourage faculty innovation and independence of judgment. The system has not been immune from attack. Whether or not the reasons for the tenure system are sound and its purposes laudatory, tenure has resulted in a classification scheme for faculty members which has had profound effects on their legal and constitutional rights. It is this issue regarding tenure which is to be examined here. This Note will consider the constitutional rights of nontenured faculty in public colleges and universities, as interpreted in …


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner Apr 1980

The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner

West Virginia Law Review

No abstract provided.


State V. Frazier, Lucinda Masterton Apr 1980

State V. Frazier, Lucinda Masterton

West Virginia Law Review

No abstract provided.


Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton Dec 1979

Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton

West Virginia Law Review

No abstract provided.