New Citations to WVU Law Scholarship, October to December 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 Precision between October 1, 2022 and December 31, 2022

Robert Bastress Jr.

Home Rule in West Virginia (2020)

Cited by Ben A. McJunkin, Homeless Residency Restrictions, 125 W. Va. L. Rev. 407 (2022).

The West Virginia State Constitution (2012)

Cited by West Virginia, et al. v. Beaver, et al., No. 22-616, 2022 WL 17038564 (W. Va. Nov. 17, 2022).

Valarie Blake

Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights After Bostock (2021)

Cited by Christine Vanderwater, Comment, Don’t Risk, Don’t Dwell: How Employers’ ERISA Benefit Plan Offerings, Or Lack Thereof, Routinely Fail LGBTQIA+ Employees and Solutions for Employers, 15 Est. Plan. & Community Prop. L.J. 175 (2022).

An Opening for Civil Rights in Health Insurance After the Affordable Care Act (2016)

Cited by Drew Stevens, The Pursuit of Health Equality Through Section 1557: The Foundation of Health Care Civil Rights, 17 J. Health & Life Sci. L. 44 (2022).

Ovaries, Testicles, and Uteruses, Oh My! Regulating Reproductive Tissue Transplants (2013)

Cited by I. Glenn Cohen, Borrowed Wombs: On Uterus Transplants and the “Right to Experience Pregnancy”, 2022 U. Chi. Legal F. 127 (2022).

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

Cited by Katrice Bridges Copeland, Telemedicine Scams, 108 Iowa L. Rev. 69 (2022).

Cody Corliss

Truth Commissions and the Limits of Restorative Justice: Lessons Learned in South Africa's Cradock Four Case (2013)

Cited by Aliza Plener Cover, The Constitutional Guarantee of Criminal Justice Transparency, 74 Ala. L. Rev. 171 (2022).

Amy Cyphert

Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk (2020)

Cited by Adams v. United States, No. 5:20-cv-08008-RDP, 2022 WL 17722384 (N.D. Ala. Dec. 15, 2022).

Cited by Emily Muenster, Comment, The First Step Act Took One Step Forward and Two Steps Back, 60 Hous. L. Rev. 135 (2022).

Charles DiSalvo

M.K. Gandhi, Attorney at Law: The Man Before the Mahatma

Cited by Deepa Badrinarayana, A Colonial Perspective of Human Rights: Introductory Insights from British India , 58 Tex. Int’l L.J. 45 (2022).

Anne Marie Lofaso

Say “No” to Discrimination, “Yes” to Accommodation: Why States Should Prohibit Discrimination of Workers Who Use Cannabis for Medical Purposes (2020)

Cited by Jake Mantin, Professional Athletes: The Spark to Ignite Medical Marijuana Reciprocity, 12 Ariz. St. Sports & Ent. L.J. 111 (2022).

Modern Labor Law in the Private and Public Sectors (2d ed. 2016)

Cited by Kyle Bigley, Note, Between Public and Private: Care Workers, Fissuring, and Labor Law, 132 Yale L.J. 250 (2022).

Jena Martin

Data Privacy Issues in West Virginia: An Overview (2021)

Cited by Harrison Enright, Note, What a Data Privacy Law Should Look Like in West Virginia: Balancing Competing Interests of Consumers and Businesses, 125 W. Va. L. Rev. 263 (2022).

Business and Human Rights: What’s the Board Got to Do with It? (2013)

Cited by Stephen M. Bainbridge, Why We Should Keep Teaching Dodge v. Ford Motor Co., 48 J. Corp. L. 77 (2022).

“The End of the Beginning?”: A Comprehensive Look at the U.N.’s Business and Human Rights Agenda from a Bystander Perspective (2012)

Cited by Maryum Jordan, Utilizing Foreign Legal Assistance Actions to Promote Corporate Accountability for Human-Rights Abuses, 132 Yale L.J. Forum 844 (2022).

Caroline L. Osborne

The State of Legal Research Education: A Survey of First-Year Legal Research Programs, or “Why Johnny and Jane Cannot Research” (2016)

Cited by Dajiang Nie, Advancing Student Learning Experience: Peer Assessment in Advanced Legal Research Classes, 114 Law Libr. J. 369 (2022).

The Open Access Advantage for American Law Reviews (2015)

Cited by Karen L. Wallace, Rebecca Lutkenhaus, and David B. Hanson, Assessing HeinOnline as a Source of Scholarly Impact Metrics, 114 Law Libr. J. 395 (2022).

Alison Peck

Sustainable Development and the Reconciliation of Opposites (2012)

Cited by Jeff Todd, A Rhetoric of Sustainable Development, 42 Pace L. Rev. 417 (2022).

Hollee Temple

Did Your Legal Writing Professor Go to Harvard?: The Credentials of Legal Writing Faculty at Hiring Time (2008)

Cited by Sara L. Ochs, Imposter Syndrome & the Law School Caste System, 42 Pace L. Rev. 373 (2022).

Cited by Larry Cunningham, Dividing Law School Faculties into Academic Departments: A Potential Solution to the Gendered Doctrinal/Skills Hierarchy in Legal Education, 67 Vill. L. Rev. 679 (2022).

Cited by Michael T. Colatrella, Leading Law Schools: Relationships, Influence, and Negotiation, 91 U. Cin. L. Rev. 82 (2022).

S. Sean Tu

What Litigators Can Teach the Patent Office About Pharmaceutical Patents (2021)

Cited by Rachel Goode and Bernard Chao, Biological Patent Thickets and Delayed Access to Biosimilars, an American Problem , 9 J.L. & Biosciences 1 (2022).

Invalidated Patents and Associated Patent Examiners (2015)

Cited by Amal Mir, “What’s Wrong with Having a Lot of Patents?”: The AbbVie Antitrust Decision and Why Impeding Pharmaceutical Patenting Practices is Crucial for Affordable Medicines , 32 Annals Health L. Advance Directive 161 (2022).

Understanding the Backlog Problems Associated with Requests for Continued Examination Practice (2015)

Cited by Heather Hildreth, Rampant Restrictions and Improper Divisionals: The Gap Between “Independent or Distinct” at the USPTO and “Patent Distinct” in the Federal Circuit and Why We Should Encourage Examiners to Keep Similar Claim Sets Together, 102 J. Pat. & Trademark Off. Soc’y 364 (2022).

James Van Nostrand

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

Cited by Brief of Appellant, Daufuskie Island Utility Co. v. South Carolina Office of Regulatory Staff, et al., No. 2022-000463 (S.C. Nov. 29, 2022).

Joshua Weishart

Rethinking Constitutionality in Education Rights Cases (2019)

Cited by Matthew Patrick Shaw, Identifying the Plessy Remainder: State Exploitation of Private Discriminatory-Impact Actions, 74 S.C. L. Rev. 203 (2022).

Aligning Education Rights and Remedies (2018)

Cited by Matthew Patrick Shaw, Identifying the Plessy Remainder: State Exploitation of Private Discriminatory-Impact Actions, 74 S.C. L. Rev. 203 (2022).

The Compromised Right to Education (2018)

Cited by Matthew Patrick Shaw, Identifying the Plessy Remainder: State Exploitation of Private Discriminatory-Impact Actions, 74 S.C. L. Rev. 203 (2022).

Equal Liberty in Proportion (2017)

Cited by Matthew Patrick Shaw, Identifying the Plessy Remainder: State Exploitation of Private Discriminatory-Impact Actions, 74 S.C. L. Rev. 203 (2022).

Reconstituting the Right to Education (2016)

Cited by Matthew Patrick Shaw, Identifying the Plessy Remainder: State Exploitation of Private Discriminatory-Impact Actions, 74 S.C. L. Rev. 203 (2022).

Cited by Vivi R. Besteman, Note, Redefining the Right to Public Education, 83 U. Pitt. L. Rev. 703 (2022).

Cited by Aaron Saiger, More than Merit: Reframing the Debate Over Examination-Based Admissions in Public Schools, 49 Fordham Urb. L.J. 1003 (2022).

Transcending Equality Versus Adequacy (2014)

Cited by Matthew Patrick Shaw, Identifying the Plessy Remainder: State Exploitation of Private Discriminatory-Impact Actions, 74 S.C. L. Rev. 203 (2022).