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West Virginia Law Review

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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 Sep 2013

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 Apr 2013

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 Dec 2012

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 Sep 2012

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 Sep 2012

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 Sep 2012

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 Sep 2011

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 Apr 2011

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 Sep 2009

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 Apr 2009

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 Apr 2009

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 Jan 2009

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 Jan 2008

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 Jan 2008

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 Sep 2007

Life After The Establishment Clause, Steven G. Gey

West Virginia Law Review

No abstract provided.


Substantive Neutrality Revisited, Douglas Laycock Sep 2007

Substantive Neutrality Revisited, Douglas Laycock

West Virginia Law Review

No abstract provided.


Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Sep 2007

"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. Apr 2007

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 Jan 2007

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 Jan 2007

Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner

West Virginia Law Review

No abstract provided.