New Citations to WVU Law Scholarship, July to September 2022

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  and made available on Westlaw Edge between July 1 and September 30, 2022. 

Robert Bastress Jr.

The West Virginia State Constitution (2012).

Cited by Amicus Curiae Brief of the West Virginia Christian Education Association in Support of Petitioners and Reversal, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 22, 2022).

Cited by respondents David L. Roach and L. Paul Hardesty’s Response to Petitioners’ Appeal, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 23, 2022).

Cited by Brief of Respondents Travis Beaver and Wendy Peters, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 23, 2022).

Cited by Petitioner State of West Virginia’s Reply Brief, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 30, 2022).

Cited by Brief of Appellees, Blankenship v. NBC Universal, et al., No. 22-1198 & 22-1207 (4th Cir. July 25, 2022).

Valarie Blake

Rethinking the Americans with Disabilities Act's Insurance Safe Harbor (2017)

Cited by Anya E.R. Prince, Hidden Trade-offs in Insurance Wellness Programs, 2021 Mich. St. L. Rev. 341 (2021).

When is a Patient-Physician Relationship Established? (2012)

Cited by Timothy C. MacDonnell, Making an Offer that Can’t be Refused: The Need for Reform in the Rules Governing Informed Consent and Doctor-Patient Agreements, 67 Vill. L. Rev. 509 (2022).

Amy Cyphert

A Human Being Wrote This Law Review Article: GPT-3 and the Practice of Law (2021)

Cited by Fifty-Third Selected Bibliography on Computers, Technology and the Law (January 2021 through December 2021), 48 Rutgers Computer & Tech L.J. 301 (2022).

Prisoners of Fate: The Challenges of Creating Change for Children of Incarcerated Parents (2018)

Cited by Eugene Volokh, The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353 (2022).

Anne Marie Lofaso

What We Owe Our Coal Miners (2011)

Cited by Micah Carper, Comment, From the Rhur Valley to Ramp Hollow: Lessons for American from Germany’s Just Energy Transition, 35 Tul. Envtl. L.J. 91 (2022).

Toward a Foundational Theory of Workers’ Rights: The Autonomous, Dignified Worker (2007)

Cited by Jacki Silbermann, A New Voice in the Labor Movement? Organizing for Social Responsibility in the Tech Sector, 25 Employee Rts. & Emp. Pol’y J. 197 (2021).

Jena Martin

Hiding in the Light: The Misuse of Disclosure to Advance the Business and Human Rights Agenda (2018)

Cited by Frédéric Gilles Sourgens, Diligent Zero, 75 SMU L. Rev. 417 (2022).

Cited by Lisa M. Fairfax, Stakeholderism, Corporate Purpose, and Credible Commitment, 108 Va. L. Rev. 1163 (2022).

Patrick C. McGonley

From Pick and Shovel to Moutaintop Removal: Environmental Injustice in the Appalachian Coalfields (2004).

Cited by Micah Carper, Comment, From the Rhur Valley to Ramp Hollow: Lessons for American from Germany’s Just Energy Transition, 35 Tul. Envtl. L.J. 91 (2022).

Jesse J. Richardson

The Uniform Partition of Heirs Property Act: Treating Symptoms and Not the Cause (2017)

Cited by Heidi Kurniawan, Comment, Beyond Institutions: Analyzing Heirs’ Property Legal Issues and Remedies through a Black History Lens, 22 U. Md. L.J. Race, Religion, Gender & Class 148 (2022).

Cited by Camille M. Davidson, To My Children in Equal Shares: The Flaw of Estate Planning When Property is Devised to Beneficiaries as Tenants in Common, 47 ACTEC L.J. 187 (2022).

John E. Taylor

Reflecting on the Death of George Floyd (2020)

Cited by Natsu Taylor Saito, Origin Stories: Critical Race Theory Encounters the War on Terror, 27 Mich. J. Race & L. 107 (2021).

Forward: Pauley – and “The Recht Decision” – at Forty (2019)

Cited by Amicus Curiae Brief on behalf of the Board of Education of the County of Berkeley in Support of the Berkeley County Council and Reversal of the Circuit Court Decision, Berkeley City Council v. Gov’t Prop. Income Trust LLC, No. 20-1099 (W. Va. March 23, 2021).

S. Sean Tu

Use of Artificial Intelligence to Determine Copyright Liability for Musical Works (2020)

Cited by Fifty-Third Selected Bibliography on Computers, Technology and the Law (January 2021 through December 2021), 48 Rutgers Computer & Tech L.J. 301 (2022).

Patenting Fast and Slow: Examiner and Applicant Use of Prior Art (2020)

Cited by W. Michael Schuster and Kristen Green Valentine, An Empirical Analysis of Patent Citation Relevance and Applicant Strategy, 59 Am. Bus. L.J. 231 (2022).

Luck/Unluck of the Draw: An Empirical Study of Examiner Allowance Rates (2012)

Cited by Paul R. Gugliuzza and Rachel Rebouché, Gender Inequality in Patent Litigation, 100 N.C.L. Rev. 1683 (2022).

James Van Nostrand

Constitutional Limitations on the Ability of States to Rehabilitate Their Failed Electric Utility Restructuring Plans (2008)

Cited by Initial Brief of the Appellant, Daufuski Island Utility Co. v. South Carolina Off. of Regul. Staff, No. 2022-000463 (S.C. Aug. 22, 2022).

Joshua Weishart

Separate But Free (2021)

Cited by Brief of Amici Curiae Constitution and Education Law Scholars in Support of Respondents, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 23, 2022).

Democatizing Education rights (2020)

Cited by Brief of Amici Curiae Constitution and Education Law Scholars in Support of Respondents, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 23, 2022).

Rethinking Constitutionality in Education Rights Cases (2019)

Cited by Brief of Amici Curiae Constitution and Education Law Scholars in Support of Respondents, West Virginia, et al. v. Beaver, et al., No. 22-616 (W. Va. Sept. 23, 2022).

Equal Liberty in Proportion (2017)

Cited by Matthew Patrick Shaw, The Public Right to Education, 89 U. Chi. L. Rev. 1179 (2022).

Reconstituting the Right to Education (2016)

Cited by Matthew Patrick Shaw, The Public Right to Education, 89 U. Chi. L. Rev. 1179 (2022).

Cited by Jonathan P. Feingold, Civil Rights Catch-22S, 43 Cardozo L. Rev. 1855 (2022).

Transcending Equality Versus Adequacy (2014)

Cited by Matthew Patrick Shaw, The Public Right to Education, 89 U. Chi. L. Rev. 1179 (2022).

Elaine Waterhouse Wilson

Cooperatives: The First Social Enterprise (2017)

Cited by Ariana R. Levinson and Chad Eisenback, Cooperative Ownership and the Fair Labor Standards Act, 2021 Mich. St. L. Rev. 73 (2021).