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West Virginia University

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Full-Text Articles in Legislation

Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi Apr 2025

Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi

West Virginia Law Review

In Law Within Congress, Jonathan Gould suggested that rulings of the House or Senate chair under the advice of their respective parliamentarians might inform statutory interpretation. This Article fleshes out the theoretical foundations of that approach. While such approach is much narrower than the broad reliance on Congress’s rules by other theorists of the “process-based” school, it also comes with strong theoretical justifications and advantages that set it apart. Part I illustrates the broad appeal of “process-based” theories by showing that even textualists have strong theoretical reasons to endorse them. Part II then surveys the theoretical advantages specific to the …


Three Essays On Sustainability Economics, Hélène Flore Nguemgaing Jan 2025

Three Essays On Sustainability Economics, Hélène Flore Nguemgaing

Graduate Theses, Dissertations, and Problem Reports (ETD)

As global economies face increasing resource dependencies and supply chain challenges, it becomes essential to understand the vulnerabilities that threaten economic stability. This dissertation investigates three empirical issues in agribusiness and critical minerals using econometric models to estimate the following: 1) the impact of supply chain disruptions on stock market returns during COVID-19; 2) the extraction of rare earth elements from acid mine drainage treatment by investigating the impacts of ownership and legislation in West Virginia and Pennsylvania; 3) China-to�FOBb (Free-on-Board) price transmission in rare earth elements markets: a copula-based dynamic tail dependence analysis.

The first essay evaluates how events …


The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche Jan 2025

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …


History Of Federal International Education Policy (1900-2024): A Four-Dimensional View In Action, Winda Wastu Melati Jan 2024

History Of Federal International Education Policy (1900-2024): A Four-Dimensional View In Action, Winda Wastu Melati

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation examines the history of the evolution of United States international education policy from 1900 to 2024, employing document analysis methodology to explore key themes that have shaped its trajectory. The study utilizes Cooper et al.'s (2004) Four-Dimensional View of Policy theory (normative, structural, constituentive, and technical) to analyze the complex interplay between diplomatic objectives, economic considerations, national security concerns, immigration, internationalization of higher education, and international students in the United States. The research traces major policy shifts from early initiatives like the Boxer Indemnity Scholarship Program to post-9/11 security measures and recent administrative changes by examining primary sources …


The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake Jul 2021

The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake

Law Faculty Scholarship

No abstract provided.


The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner Dec 2020

The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner

West Virginia Law Review

No abstract provided.


Home Rule In West Virginia, Robert M. Bastress Jr. Apr 2020

Home Rule In West Virginia, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


The History Of The West Virginia Code, Robert W. Kerns Jr. Sep 2017

The History Of The West Virginia Code, Robert W. Kerns Jr.

West Virginia Law Review

No abstract provided.


Legislation's Culture, Richard K. Neumann Jr. Sep 2016

Legislation's Culture, Richard K. Neumann Jr.

West Virginia Law Review

No abstract provided.


Does Regulation Chill Democratic Deliberation? The Case Of Gmos, Alison Peck Jan 2013

Does Regulation Chill Democratic Deliberation? The Case Of Gmos, Alison Peck

Law Faculty Scholarship

Breakthroughs in science and technology pose a challenge to the U.S. legal system: either regulate under pre-existing laws using a business-as-usual approach, or pass new laws to deal with new relationships and conflicts created by these breakthroughs. How does the legal process determine when to regulate and when to legislate? Does that process adequately ensure deliberative democratic debate and implementation of democratic consensus? Does it adequately protect urgent interests in the meantime? Currently, this determination is ongoing with regard to new scientific developments such as climate change science, and new technological developments such as hydraulic fracturing of unconventional natural gas …


Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran Dec 2012

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.


Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard Dec 2012

Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard

West Virginia Law Review

No abstract provided.


State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines Apr 2011

State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines

West Virginia Law Review

No abstract provided.


Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano Apr 2010

Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano

West Virginia Law Review

No abstract provided.


Using The Employee Free Choice Act As Duct Tape: How Both Active And Passive Deregulation Of Labor Law Make The Efca An Improper Mechanism For Remedying Working Class Americans' Problems, Meghan Brooke Phillips Sep 2008

Using The Employee Free Choice Act As Duct Tape: How Both Active And Passive Deregulation Of Labor Law Make The Efca An Improper Mechanism For Remedying Working Class Americans' Problems, Meghan Brooke Phillips

West Virginia Law Review

No abstract provided.


The Power Of History To Stir A Man's Blood: Senator Robert C. Byrd In The Line Item Veto Debate, M. Blane Michael Apr 2006

The Power Of History To Stir A Man's Blood: Senator Robert C. Byrd In The Line Item Veto Debate, M. Blane Michael

West Virginia Law Review

No abstract provided.


Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown Apr 2006

Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown

West Virginia Law Review

No abstract provided.


Protecting West Virginia's Public Fora: Criteria To Safeguard Our Rights Of Expression, Melissa M. Rounds Dec 2005

Protecting West Virginia's Public Fora: Criteria To Safeguard Our Rights Of Expression, Melissa M. Rounds

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 Jan 2004

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.


Balancing States' Rights With Individual Rights: Tipping The Scales Against The Rights Of Non-Suspect Classes, Linda Carter Batiste Sep 2001

Balancing States' Rights With Individual Rights: Tipping The Scales Against The Rights Of Non-Suspect Classes, Linda Carter Batiste

West Virginia Law Review

No abstract provided.


West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly Sep 1999

West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly

West Virginia Law Review

No abstract provided.


Forfeited And Delinquent Lands: Legislative Update Jan 1994

Forfeited And Delinquent Lands: Legislative Update

West Virginia Law Review

No abstract provided.


Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood Sep 1988

Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood

West Virginia Law Review

No abstract provided.


Corporate Crime Under Attack, D. Christopher Wells Jun 1988

Corporate Crime Under Attack, D. Christopher Wells

West Virginia Law Review

No abstract provided.


Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George Jan 1987

Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George

West Virginia Law Review

No abstract provided.


Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking Sep 1986

Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking

West Virginia Law Review

No abstract provided.


In The Interest Of Children, Samuel M. Davis Jun 1986

In The Interest Of Children, Samuel M. Davis

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1985 Jan 1986

Survey Of Developments In West Virginia Law: 1985

West Virginia Law Review

No abstract provided.


Tax Legislation, Mark A. Stach Jan 1986

Tax Legislation, Mark A. Stach

West Virginia Law Review

No abstract provided.


Commerce Legislation, Mark B. D'Antoni, Mark A. Stach Jan 1986

Commerce Legislation, Mark B. D'Antoni, Mark A. Stach

West Virginia Law Review

No abstract provided.