New Citations to WVU Law Scholarship, April to June 2021

The scholarship of West Virginia University College of Law faculty members is frequently cited as authority in numerous legal disciplines. The following is a list of faculty authored works cited this year between April 1 and June 30, 2021.

Valarie Blake

An Opening for Civil Rights in Health Insurance After the Affordable Care Act, 36 B.C. J. L. & Soc. Just. 235, 254-57 (2016).

Cited by Brief in Opposition to Petition for A Writ of Certiorari, CVS Pharmacy, Inc. v. Doe,No. 20-1374 (June 1, 2021).

The Terminally Ill, Access to Investigational Drugs, and FDA Rules, 15 AMA J. of Ethics 687 (2013).

Cited by Petitioners Opening Brief, Advanced Integrative Medical Science Institute v. United States Drug Enforcement Administration , No. 21-70544 (9th Cir. May 14, 2021).

Remedying Stigma-Driven Health Disparities in Sexual Minorities, 17 Hous. J. Health L. & Pol'y 183 (2017).

Cited by Jennifer S. Bard, Lifting Barriers Excluding People Living With Disabilities From the Benefits of Inclusion in Research Studies, 6 U. Pa. J. L. & Pub. Aff. 489 (2021).

Amy Cyphert

Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk , 51 Seton Hall L. Rev. 331, 343 (2020).

Cited by United States v. Gonzales, No. CR 14-0922 JB-1, 2021 WL 2210647 (D. N.M. June 1, 2021). Va Jan. 28, 2021).

Prisoners of Fate: The Challenges of Creating Change for Children of Incarcerated Parents , 77 Md. L. Rev. 385 (2018).

Cited by Jenny-Brooke Condon, When Cruelty is the Point: Family Separation as Unconstitutional Torture, 56 Harv. C.R.-C.L. L. Rev. 37 (2021).

Tinker-ing with Machine Learning: The Legality and Consequences of Online Surveillance of Students, 20 Nev. L.J. 457 (2020).

Cited by Fifty-Second Selected Bibliography on Computers, Technology and the Law (January 2020 Through December 2020)., 47 Rutgers Computer & Tech. L.J. 324 (2021).

Anne Marie Lofaso

Leveraging Secondary Activity within and outside Legal Boundaries, in Handbook of U.S. Labor Law for the Twenty-First Century (Bales and Garden, eds., 2020).

Cited by Christopher Tomlins, Review Essay, A Call Out of Seir: The Meaning and Future of U.S. Labor Law, 46 Law & Soc. Inquiry 572 (2021).

Talking is Worthwhile: The Role of Employee Voice in Protecting, Enhancing, and Encouraging Individual Rights to Job Security in a Collective System, 14 Emp. Rts. & Emp. Pol'y J. 55 (2010).

Cited by Rachel Arnow-Richman, Temporary Termination: A Layoff Law Blueprint for the COVID Era, 64 Wash. U. J.L. & Pol'y 1 (2021).

National Labor Relations Act: Law and Practice, Ch. No. 13, § 13.03 (Matthew Bender, 2d ed. 2021).

Cited by Melanie R. Allen, Note, Stifling Nascent Concerted Activity: The NLRB and the Alstate decision, 27 Wm. & Mary J. Race, Gender & Soc. Just. 903 (2021).

System of Employee Representation at the Enterprise: The US Report, in Systems of Employee Representation at the Enterprise: A Comparative Study § 10.01 (Hiroya Nakakubo & Takashi Araki eds., 2012) (with Orly Lobel).

Cited by Shae McCrystal and Mark Bray, Non-Union Agreement-Making in Australia in Comparative and Historical Context, 41 Comp. Lab. L. & Pol'y J 753 (2021).

What We Owe Our Coal Miners, 5 Harv. L. & Pol'y Rev. 87 (2011).

Cited by Victoria Freytes, Employment Law Violations,58 Am. Crim. L. Rev. 767 (2021).

Jena Martin

The SEC and Shareholder Empowerment-Analyzing the New Proxy Regime and Its Impact on Corporate Governance, Banking & Fin. Services Pol'y Rep. (2011)

Cited by Joan MacLeod Heminway, A Few Quick Viewpoints on Viewpoint Diversity Shareholder Proposals, 22 Transactions: Tenn. J. Bus. L. 295 (2021).

The Business of Human Rights Landscape: Moving Forward, Looking Back (2015) (with Karen E. Bravo).

Cited by Alice de Jonge, A Relational Governance Perspective on the Politics of China's Social Credit System for Corporations, 44 Hastings Int'l & Comp. L. Rev. 111 (2021).

Dale Olson

The Uneasy Legacy of Baker v. Selden, 43 S.D. L. Rev. 604 (1998).

Cited by Lior Zemera and Anat Lior, Art and Copyright in Ghettos and Concentration Camps: A Manifesto of Third-Generation Holocaust Survivors, 109 Geo. L.J. 813 (2021).

Alison Peck

The Cost of Cutting Agricultural Output: Interpreting the Capper-Volstead Act, 80 Mo. L. Rev. 451 (2015).

Cited by Donald M. Barnes and Jay L. Levine, Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption is Under Siege, 74 Ark. L. Rev. 1 (2021).

Cited by Govind Persad, Pricing Drugs Fairly,62 Wm. & Mary L. Rev. 929 (2021).

Jesse Richardson

Zoning for Conservation Easements, 74 L. & Contemp. Probs. 83 (2011) (with Amanda C. Bernard).

Cited by Brief of the Council of State Governments, The National League of Cities, The U.S. Conference of Mayors, The International City/County Management Association and the International Municipal Lawyers Association As Amici Curiae in Support of Respondents, Penneast Pipeline Co. v. New Jersey et al., No. 19-1039 (April 7, 2021).

Dillon's Rule Is from Mars, Home Rule Is from Venus: Local Government Autonomy and the Rules of Statutory Construction, 41 Publius 662 (2011).

Cited by Sam Thompson, Note, Localism and the Opioid Crisis: Overcoming State and Federal Hurdles to City- and County- Run Supervised Injection Facilities and Syringe Exchange Programs in Indiana, 18 Ind. Health L. Rev. 441 (2021).

Is Home Rule The Answer? Clarifying The Influence Of Dillon’s Rule On Growth Management , Brookings Institute (Jan. 1, 2003). (with Meghan Zimmerman Gough and Robert Puentes)

Cited by Sam Thompson, Note, Localism and the Opioid Crisis: Overcoming State and Federal Hurdles to City- and County- Run Supervised Injection Facilities and Syringe Exchange Programs in Indiana, 18 Ind. Health L. Rev. 441 (2021).

Cited by David Gartner, Pandemic Preemption: Limits on Local Control Over Public Health, 13 Ne. U. L. Rev. 733 (2021).

The Uniform Partition of Heirs Property Act: Treating the Symptoms and Not the Cause?, 45 Real Est. L.J. 507 (2017).

Cited by Avanthi Cole, Note, For the "Wealthy and Legally Savvy": The Weaknesses of the Uniform Partition of Heirs Property Act as Applied to Low-Income Black Heirs Property Owners, 11 Colum. J. Race & L. 343 (2021).

Use of Motive Evidence in Judicial Review of Rezonings, 37 Env't. L. Rep. News & Analysis 10472 (2007) (with Michael Allen Dymersky).

Cited by William C. Bunting and James M Lammendola, Why Localism is Bad for Business: Land Use Regulation of the Cannabis Industry, 17 N.Y.U. J.L. & Bus. 267 (2021).

Hollee Temple

Mission Accomplished: Military Spouse Network Gets ABA, White House Attention, A.B.A. J. (May 1, 2012, 6:40 AM),

Cited by Caitlin Dunham, It Takes a Family: How Military Spousal Laws and Policies Impact National Security, 11 J. Nat'l Security L. & Pol'y 291 (2021).

Shine (Sean) Tu

Funk Brothers--An Exercise in Obviousness, 80 UMKC L. Rev. 637 (2012).

Cited by Connor Romm, Note, Putting the Person in Phosita: A Human's Obvious Role in the Artificial Intelligence Era , 62 B.C. L. Rev. 1413 (2021).

Patenting Fast and Slow: Examiner Rejections and Applicant Traversals to Non-Prior Art Rejections, W. Va. Coll. L. Rsch. Paper Series No. 2020-005 1 (Mar. 1, 2020).

Cited by Camilla A. Hrdy and Sharon K. Sandeen, The Trade Secrecy Standard for Patent Prior Art, 70 Am. U. L. Rev. 1269 (2021).

James Van Nostrand

Why the U.S. Coal Industry and its Jobs Are Not Coming Back, Yale Env't 360 (Dec. 1, 2016),

Cited by Alexandra B. Klass, Essay, Energy Transitions in the Trump Administration and Beyond , 51 Envtl. L. 241 (2021).

Elaine Waterhouse Wilson

Better Late than Never: Incorporating LLCs into Section 4943, 48 Akron L. Rev. 485 (2015).

Cited by Kathryn Kisska-Schulze and Rodney P. Mock, The Robotic Revolution: A Tax Policy Collision Course, 93 Temp. L. Rev. 301 (2021).

Commentary on Bob Jones University v. United States, in Feminist Judgments: Rewritten Tax Opinions, Bridget J. Crawford and Anthony Infanti, eds. (2017).

Cited by Bridget J. Crawford and Wendy C. Gerzog, Tax Benefits, Higher Education, and Race: A Gift Tax Proposal For Direct Tuition Payments, 72 S.C. L. Rev. 783 (2021).