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Articles 181 - 210 of 519
Full-Text Articles in Constitutional Law
Constitutional Law, Renatha S. Hodgson
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
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
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
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
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
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
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
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
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
Confessions, Steven P. Mcgowan
Constitutional, Teresa Morris
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
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
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
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
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
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
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
"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
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
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
Social Commentary: Values And Legal Personhood, Jeffrey A. Parness
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
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
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
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
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
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
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
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
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.