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Articles 61 - 90 of 519
Full-Text Articles in Constitutional Law
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon
West Virginia Law Review
No abstract provided.
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
West Virginia Law Review
No abstract provided.
The Regulation Of Private Police, Stephen Rushin
The Regulation Of Private Police, Stephen Rushin
West Virginia Law Review
Private police assume many of the same roles as traditional law enforcement. But courts and legislatures regulate public and private police very differently. This Article evaluates the statutory and judicial regulation of private police. By collecting and coding all state statutes related to the regulation of private police, I theorize on the inadequacies of the current regulatory scheme. I show that most state statutes only regulate a certain category of private police officers, leaving a substantial portion of the private policing industry virtually unregulated. Many state regulations of private police misunderstand, and thus inadequately protect against the threat posed by …
A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti
A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti
West Virginia Law Review
No abstract provided.
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams
Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams
West Virginia Law Review
No abstract provided.
Adverse Possession Of The State's Property, John W. Fisher Ii
Adverse Possession Of The State's Property, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown
Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown
West Virginia Law Review
No abstract provided.
The "True" Right To Trial By Jury: The Founders' Formulation And Its Demise, John P. Mcclanahan
The "True" Right To Trial By Jury: The Founders' Formulation And Its Demise, John P. Mcclanahan
West Virginia Law Review
No abstract provided.
Burden Of Inaction: How Two States Set Different Paths For One Nonfederal Transborder Highway And Why The Courts Cannot Adequately Solve This Problem In Light Of Concerns For Federalism, The Separation Of Powers And Matters Of Justiciability, Matthew Lincoln Clark
West Virginia Law Review
No abstract provided.
The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea
The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea
West Virginia Law Review
No abstract provided.
Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller
Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller
West Virginia Law Review
No abstract provided.
Balancing Public School Students' First Amendment Freedoms With The Blackboard Jungle: Are Students In Danger Of Becoming Another Brick In The Wall After Hazelwood?, Daniel Lattanzi
West Virginia Law Review
No abstract provided.
Life After The Establishment Clause, Steven G. Gey
Life After The Establishment Clause, Steven G. Gey
West Virginia Law Review
No abstract provided.
Substantive Neutrality Revisited, Douglas Laycock
Substantive Neutrality Revisited, Douglas Laycock
West Virginia Law Review
No abstract provided.
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
West Virginia Law Review
No abstract provided.
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
West Virginia Law Review
No abstract provided.
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
West Virginia Law Review
No abstract provided.
Why Student Religious Speech Is Speech, John E. Taylor
Why Student Religious Speech Is Speech, John E. Taylor
West Virginia Law Review
No abstract provided.
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
West Virginia Law Review
No abstract provided.
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
West Virginia Law Review
No abstract provided.
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
West Virginia Law Review
No abstract provided.
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
West Virginia Law Review
No abstract provided.
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
West Virginia Law Review
No abstract provided.
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
West Virginia Law Review
No abstract provided.
Localism And The West Virginia Constitution, Robert M. Bastress Jr.
Localism And The West Virginia Constitution, Robert M. Bastress Jr.
West Virginia Law Review
No abstract provided.
The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood
The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood
West Virginia Law Review
No abstract provided.
Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner
Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner
West Virginia Law Review
No abstract provided.