New Citations to WVU Law Scholarship, April to June 2023

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 April 1, 2023 and June 30, 2023.

Valarie Blake

Health Care Civil Rights Under Medicare for All (2021)

Cited by Emmalise Earl, Promoting Health Care Equity: The Instrumentality of Medicare and Medicaid in Fighting Ableism Within the American Health Care System, 53 Seton Hall L. Rev. 1681 (2023).

Minors' Refusal of Life-Saving Therapies (2012)

Cited by M. Williams, Conversion Therapy on Lgbtq+ Children As A Form of Torture and the Rights of the Child in the Face of the United States Constitution's Free Speech and Religious Free Exercise Clauses, 26 J. Gender Race & Just. 393 (2023).

Amy Cyphert

“A Change Is Gonna Come.” Developing a Liability Framework for Social Media Algorithmic Amplification (2022) (with Jena Martin)

Cited by Fifty-Fourth Selected Bibliography on Computers, Technology and the Law (January 2022 Through December 2022), 49 Rutgers Computer & Tech. L.J. 452, 640 (2023).

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

Cited by Bradford J. Kelley, Wage Against the Machine: Artificial Intelligence and the Fair Labor Standards Act , 34 Stan. L. & Pol'y Rev. 261 (2023).

Tinker-ing with Machine Learning: The Legality and Consequences of Online Surveillance of Students (2020)

Cited by Samantha Mita, AI Proctoring: Academic Integrity vs. Student Rights, 74 Hastings L.J. 1513 (2023).

Addressing Racial Disparities in Preschool Suspension and Expulsion Rates (2015)

Cited by Samantha Mita, AI Proctoring: Academic Integrity vs. Student Rights, 74 Hastings L.J. 1513 (2023).

Charles R. DiSalvo

The Fracture of Good Order: An Argument for Allowing Lawyers to Counsel the Civilly Disobedient (1982)

Cited by Daniel J. Canon, The Ethics of Assisting Incarcerated People with Collective Action, 67 St. Louis U. L.J. 203, 230 (2023).

Ann M. Eisenberg

The Precipice of Justice: Equity, Energy and the Environment in Indian Country and Rural Communities (2021)

Cited by Lisa Benjamin, Evs As Ej?, 47 Harv. Envtl. L. Rev. 347 (2023).

Transitions in Energy Communities (2021)

Cited by Martin Lockman, Climate Entrenchment in Unstable Legal Regimes, 118 Nw. U.L. Rev. Online 98 (2023).

Just Transitions (2019)

Cited by Lisa Benjamin, Evs As Ej?, 47 Harv. Envtl. L. Rev. 347 (2023).

Cited by Nadia Ahmad, Uma Outka, Danielle Stokes, and Hannah Wiseman, Synthesizing Energy Transitions, 39 Ga. St. U. L. Rev. 1087, 1090 (2023).

If It Walks Like Systematic Exclusion and Quacks Like Systematic Exclusion: Follow-Up on Removal of Women and African-Americans in Jury Selection in South Carolina Capital Cases, 1997-2014 (2017)

Cited by Shari Seidman Diamond & Valerie P. Hans, Fair Juries, 2023 U. Ill. L. Rev. 879, 920 (2023)

Land Shark at the Door? Why and How States Should Regulate Landmen (2016)

Cited by Madison S. Marlow, All the Way to Hell: An Artist's Legal Descent into the Underworld of Oil and Gas, 41 Cardozo Arts & Ent. L.J. 949 (2023).

Anne M. Lofaso

National Labor Relations Act: Law & Practice (2022)

Cited by Jacob T. Overbey, Note, Negotiating with A Virus: The NFL's Covid-19 Response and What It Means for the Future of Collective Bargaining, 62 Washburn L.J. 647 (2023).

Working for Recovery: How the Americans with Disabilities Act and State Human Rights Laws Can Facilitate Successful Rehabilitation for Alcoholics and Drug Addicts (2018)

Cited by Parker Cragg, Seeing and Serving Students with Substance Use Disorders Through Disability Law , 96 S. Cal. L. Rev. 355, 364 (2022)

Jena Martin

“A Change Is Gonna Come.” Developing a Liability Framework for Social Media Algorithmic Amplification (2022) (with Amy Cyphert)

Cited by Fifty-Fourth Selected Bibliography on Computers, Technology and the Law (January 2022 Through December 2022), 49 Rutgers Computer & Tech. L.J. 452, 640 (2023).

Reimagining Corporate Accountability: Moving Beyond Human Rights Due Diligence (2022)

Cited by Mitchell X. Chan, Using the Foreign Corrupt Practices Act As A Model for Federal Question Jurisdiction over Corporate Complicity in Overseas Human Rights Violations, 75 Rutgers U.L. Rev. 609, 629 (2023).

Reckoning: A Dialogue About Racism, Antiracists, and Business & Human Rights (2021)

Cited by Michael Z. Green, (a)woke Workplaces, 2023 Wis. L. Rev. 811, 845 (2023).

The Business and Human Rights Landscape: Moving Forward, Looking Back (2015)

Cited by Lisa J. Laplante, The Wild West of Company-Level Grievance Mechanisms: Drawing Normative Borders to Patrol the Privatization of Human Rights Remedies, 64 Harv. Int'l L.J. 311, 322 (2023).

Patrick C. McGinley

Climate Change and the Public Trust Doctrine (2013)

Cited by Alexandra Votaw, Killing Two Myths with One Stone: How the Public Trust Doctrine Can Improve Climate Resiliency by Stopping Gentrification, 34 Geo. Envtl. L. Rev. 497, 518 (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 Jason Murray, Practicing to Be Practice Ready: Making Competent Legal Researchers Using the New Process and Practice Method, 21 Appalachian J.L. 1, 11 (2021).

Cited by Stephanie Hunter McMahon, What Law Schools Must Change to Train Transactional Lawyers, 43 Pace L. Rev. 106, 145 (2022).

Alison Peck

The Accidental History of the US Immigration Courts (2021)

Cited by Jill E. Family, Regulated Immigrants: An Administrative Law Failure, 66 How. L.J. 1, 11 (2022).

Jesse Richardson

Conservation Easements and Adaptive Management (2010)

Cited by Jess Phelps, Understanding the Roles of Government in Conservation Easement Transactions, 100 Denv. L. Rev. 721, 734 (2023).

Amelia Smith Rinehart

Myriad Lessons Learned (2015)

Cited by Taylor Beardall, Note, Is the Sky Really Falling?: Myriad and Its Impact on Therapeutic Development, 34 Stan. L. & Pol'y Rev. 311, 319 (2023).

S. Sean Tu

Antibody Claims and the Evolution of the Written Description/ Enablement Requirement (2022)

Cited by Joshua D. Sarnoff, Does Patent Enablement Require That the Specification Teach Those Skilled in the Art to “Make and Use” the Claimed Invention or Must It Enable Those Skilled in the Art “to Reach the Full Scope of Claimed Embodiments”?, 50 No. 6 PREVIEW 32 (2023).

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

Cited by Fifty-Fourth Selected Bibliography on Computers, Technology and the Law (January 2022 Through December 2022), 49 Rutgers Computer & Tech. L.J. 452 (2023).

Overqualified and Underrepresented: Gender Inequality in Pharmaceutical Patent Law (2022)

Cited by Fifty-Fourth Selected Bibliography on Computers, Technology and the Law (January 2022 Through December 2022), 49 Rutgers Computer & Tech. L.J. 452 (2023).

Limits of Using Artificial Intelligence and GPT-3 in Patent Prosecution (2022)

Cited by Fifty-Fourth Selected Bibliography on Computers, Technology and the Law (January 2022 Through December 2022), 49 Rutgers Computer & Tech. L.J. 452 (2023).

Pharmaceutical Patent Two-Step: The Adverse of Amarin v. Hikma Type Litigation (2022)

Cited by Fifty-Fourth Selected Bibliography on Computers, Technology and the Law (January 2022 Through December 2022), 49 Rutgers Computer & Tech. L.J. 452 (2023).

Free Speech in the Balance: Judicial Sanctions and Frivolous SLAPP Suits (2021)

Cited by Lili Levi, Disinformation and the Defamation Renaissance: A Misleading Promise of "Truth" , 57 U. Rich. L. Rev. 1235, 1267 (2023).

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

Cited in NAPCO, Inc. v. Landmark Tech. A, LLC, No. 1:21-CV-00025, 2023 WL 5000756, at *13 (M.D.N.C. Aug. 4, 2023).

Joshua Weishart

Democratizing Education Rights (2020)

Cited by Elizabeth Chu et. al., Family Moves and the Future of Public Education, 54 Colum. Hum. Rts. L. Rev. 469, 472 (2023).

Aligning Education Rights and Remedies (2018)

Cited by Nicole Stelle Garnett, Decoupling Property and Education, 123 Colum. L. Rev. 1367, 1408 (2023).

Reconstituting the Right to Education (2016)

Cited by Dustin Coffman, Pathways to Justice: Positive Rights, State Constitutions, and Untapped Potential , 24 Marq. Benefits & Soc. Welfare L. Rev. 181, 193 (2023).

Cited by Peter K. Yu, Rethinking Education Theft Through the Lens of Intellectual Property and Human Rights, 123 Colum. L. Rev. 1449, 1504 (2023).