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Articles 1 - 30 of 143
Full-Text Articles in Courts
Asarco Delenda Est, John Greabe
Asarco Delenda Est, John Greabe
West Virginia Law Review
ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …
The Living Architecture Of Law, Joseph R. Goodwin
The Living Architecture Of Law, Joseph R. Goodwin
West Virginia Law Review
No abstract provided.
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
West Virginia Law Review
This Article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper Bright Enterprises v. Raimondo, the case that overturned Chevron deference. First, what did Loper Bright change about review of agency action? Second, how should lower courts implement the decision? This Article engages in a first-of-its-kind, exhaustive review of the major circuit court decisions citing Loper Bright and analyzes how influential judges, scholars, and justices have characterized the impact of the decision. The Article defines what role Skidmore “deference” and the major questions doctrine should play in judicial review—while seriously questioning the long-term …
Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran
Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran
West Virginia Law Review
Asylum eligibility requires applicants to satisfy a three-pronged set of requirements in order to be granted admission into the United States. In a July 2024 decision, the Second Circuit court issued a decision that challenged a line of precedent established by the Fourth Circuit—specifically examining whether death threats rise to the persecution threshold set by the Immigration and Nationality Act (“INA”). The Second Circuit now holds that the receipt of death threats alone is insufficient to establish persecution, thereby making alien petitioners who have received such threats ineligible for asylum or related forms of relief from removal. In contrast, the …
Nonviolent Drug Offenders Need Treatment--Not Prison: The Solution To Prison Overcrowding In West Virginia, Kendra Amick
Nonviolent Drug Offenders Need Treatment--Not Prison: The Solution To Prison Overcrowding In West Virginia, Kendra Amick
West Virginia Law Review
A tenfold increase in prison populations has occurred due to the policies and laws enacted by the War on Drugs campaign in the United States. This increase is the direct result of a rise in the incarceration of nonviolent drug offenders. Rearrest rates for nonviolent drug-related offenders sentenced to prison are 50%. For those offenders permitted to participate in a drug court program, this rate decreases by over half. In West Virginia, the battle against the opioid epidemic has caused it to become one of the fastest-growing prison populations in the nation. With a fast-emerging crisis on the rise, West …
Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine
Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine
West Virginia Law Review
In granting diversity of citizenship jurisdiction to the federal courts, there is an underlying assumption that federal courts will be less biased toward out-of-state litigants as compared with state courts. While this may be true, the assumption fails to consider an important empirical question: to what extent do federal courts favor home state litigants or disfavor out-of-state litigants when deciding diversity jurisdiction cases? Relying on the Integrated Database (IDB) compiled by the Federal Judicial Center and the Administrative Offices of the U.S. Courts, we present an original, empirical analysis of diversity jurisdiction case outcomes in the U.S. districts courts from …
Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod
Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod
West Virginia Law Review
No abstract provided.
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
West Virginia Law Review
No abstract provided.
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner
Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner
West Virginia Law Review
No abstract provided.
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
At What Is The Supreme Court Comparatively Advantaged?, R. George Wright
West Virginia Law Review
No abstract provided.
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
West Virginia Law Review
How can capital defense lawyers craft narratives that neutralize jurors' unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
West Virginia Law Review
No abstract provided.
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
West Virginia Law Review
No abstract provided.
The Early Demise Of Early Release, Cecelia Klingele
The Early Demise Of Early Release, Cecelia Klingele
West Virginia Law Review
Reversing the tough-on-crime policies that have defined American criminal justice for the past two decades, cash-strapped states across the nation have begun reducing the number of people they confine in prisons and jails. In their efforts to reduce correctional populations, numerous states have passed laws that allow parole boards, prison officials, or judges to shorten the sentences of people already serving time in custody. These so-called "early release" laws have proven highly controversial and in at least three states have been repealed outright. In others, they remain on the books but have provided less savings than anticipated because of the …
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
West Virginia Law Review
No abstract provided.
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
West Virginia Law Review
No abstract provided.
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
West Virginia Law Review
No abstract provided.
Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee
Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee
West Virginia Law Review
No abstract provided.
The History Of The United States District Court For The Southern District Of West Virginia, Forest J. Bowman Esq.
The History Of The United States District Court For The Southern District Of West Virginia, Forest J. Bowman Esq.
West Virginia Law Review
No abstract provided.
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
West Virginia Law Review
No abstract provided.
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
West Virginia Law Review
No abstract provided.
Robert C. Byrd And The Fourth Circuit Court Of Appeals, Robert Bruce King
Robert C. Byrd And The Fourth Circuit Court Of Appeals, Robert Bruce King
West Virginia Law Review
No abstract provided.
When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker
West Virginia Law Review
No abstract provided.
Employing Common Sense In West Virginia Trial Courts: Encouraging Juror Note-Taking And The Questioning Of Witnesses By Jurors, Leslie Miller-Stover
Employing Common Sense In West Virginia Trial Courts: Encouraging Juror Note-Taking And The Questioning Of Witnesses By Jurors, Leslie Miller-Stover
West Virginia Law Review
No abstract provided.
The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn
The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn
West Virginia Law Review
No abstract provided.
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
West Virginia Law Review
No abstract provided.
Beware The Solutions, H. Lee Sarokin
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
West Virginia Law Review
Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …