New Citations to WVU Law Scholarship, January to March 2024

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 January 1, 2024 and March 31, 2024.

The West Virginia Constitution (2d. ed. 2016)

Cited by Brief of Petitioners, Fleming v. Carmichael, No. 23-ICA-174 (July 28, 2023).

Valarie Blake

Health Care Civil Rights Under Medicare for All (2021)

Cited by Mary Crossley, Affirmatively Furthering Health Equity, 89 Brook. L. Rev. 495 (2024).

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

Cited by Seth Lucas, Equality on What Basis? Evaluating Title IX's Requirements in the Transgender Context , 31 Geo. Mason L. Rev. 389 (2023).

Ensuring an Underclass: Stigma in Insurance (2020)

Cited by Margaret Murolo, Automobile Insurance Premium Price Discrimination: Sex/gender, 30 Conn. Ins. L.J. 111 (2023).

Remedying Stigma-Driven Health Disparities in Sexual Minorities (2017)

Cited by Amanda L. Stephens & Sean M. Viña, On Women Professors Who Teach Legal Writing: Addressing Stigma and Women's Health , 48 Vt. L. Rev. 237 (2023).

It's an Art Not a Science: State-Mandated Insurance Coverage of Assisted Reproductive Technologies and Legal Implications for Gay and Unmarried Persons (2011)

Cited by Jonathan Nendze, First Comes Love, Then Comes Marriage, Then Comes A Baby: The Exclusion of Gay Men from New Jersey's Fertility Treatment Mandate, 27 Quinnipiac Health L.J. 95 (2024).

Amy Cyphert

“A Change is Gonna Come:” Developing a Liability Framework for Social Media Algorithmic Amplification (2022)

Cited by Amy Cyphert & Sam Perl, Blockchain Safe Harbor? Applying the Lessons Learned from Early Internet Regulation , 107 Marq. L. Rev. 145, 146 (2023).

Cited by Cody Corliss, Digital Terror Crimes, 62 Colum. J. Transnat'l L. 58 (2023).

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

Cited by Joseph J. Avery et. al., Chatgpt, Esq.: Recasting Unauthorized Practice of Law in the Era of Generative AI , 26 Yale J. L. & Tech. 64 (2023).

Cited by Nicholas R. Spagnuolo, Artificial Lawyering: A Jekyll and Hyde Story, 7 Ariz. L.J. Emerging Technologies 3, 1 (2024).

Cited by Drew Simshaw, Technology Competence As A Compass for Helping to Close the Justice Gap, 20 U. St. Thomas L.J. 129 (2024).

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

Cited by Tiffany L. Fish, Reform of the Criminal Justice System for Effectively Maintaining Parental Rights and Familial Bonds During Parental Incarceration, 13 Faulkner L. Rev. 127 (2022).

Charles R. DiSalvo

Climate Change Disobedience (2020)

Cited by Joe Udell, Throwing Tomato Soup at A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, and Moral Outrage to Conduct A Radical Protest Campaign in the World's Most Famous Museums, 35 Vill. Envtl. L.J. 63 (2024).

Cited by Frédéric Mégret & Amar Khoday, "We Want to Live!" Climate Change and the Limits of Civil Disobedience, 35 Geo. Envtl. L. Rev. 155 (2022).

Ann M. Eisenberg

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

Cited by John Beaty, The Impact of the Inflation Reduction Act on Energy Justice and Green Energy Development in Indian Country, 12 LSU J. Energy L. & Resources 1, 3 (2024).

Transitions in Energy Communities (2021)

Cited by Uma Outka, Evolving Legal Conceptions of "Energy Communities", 78 U. Miami L. Rev. 471 (2024).

Cited by Wyatt G. Sassman, The Legal Foundations of Extractive Power, 71 UCLA L. Rev. 66 (2024).

Cited by Shanti Gamper-Rabindran, Shifting Away from Coal Power: Prioritizing Ratepayers and Communities vs. Shareholders?, 40 Pace Envtl. L. Rev. 54, 55 (2022).

Distributive Justice and Rural America (2020)

Cited by Uma Outka, Evolving Legal Conceptions of "Energy Communities", 78 U. Miami L. Rev. 471 (2024).

Cited by Michele Statz, "It Is Here We Are Loved": Rural Place Attachment in Active Judging and Access to Justice, 49 Law & Soc. Inquiry 247 (2024).

Cited by Kaleigh Blinn, Call It As I See It: Iowa's Ineffective Counsel in Rural Communities, 28 Drake J. Agric. L. 247 (2023).

Just Transitions (2019)

Cited by Uma Outka, Evolving Legal Conceptions of "Energy Communities", 78 U. Miami L. Rev. 471 (2024).

Cited by Nicholas S. Bryner, Green Transitions in A Covid Economy, 40 Pace Envtl. L. Rev. 37 (2022).

Cited by Chaumtoli Huq, Green Unionism and Human Rights: Imaginings Beyond the Green New Deal, 40 Pace Envtl. L. Rev. 158 (2022).

Cited by Adebayo Majekolagbe, Just Transition As Wellbeing: A Capability Approach Framing, 14 Ariz. J. Envtl. L. & Pol'y 41, 41 (2023).

Cited by Cinnamon P. Carlarne & Keith H. Hirokawa, Disrupting Dominance, 56 Conn. L. Rev. 133 (2023).

Beyond Science and Hysteria: Reality and Perceptions of Environmental Justice Concerns Surrounding Marcellus and Utica Shale Gas Development (2015)

Cited by Wyatt G. Sassman, The Legal Foundations of Extractive Power, 71 UCLA L. Rev. 66 (2024).

Anne Marie Lofaso

De-Essentializing Appalachia: Transformative Socio-Legal Change Unmasking Regional Myths (2018) (with Nicholas Stump)

Cited by Wyatt G. Sassman,  The Legal Foundations of Extractive Power, 71 UCLA L. Rev. 66 (2024).

What We Owe Our Coal Miners (2011)

Cited by Eyasu Yirdaw, Preventing the Noncompete Apocalypse: Why the Ftc Has It Wrong, 5 CORPBLJ 124, 125 (2024).

The Vanishing Employee: Putting the Autonomous Dignified Union Worker Back to Work (2010)

Cited by Michael M. Oswalt et. al., Power and Pay Secrecy, 99 Ind. L.J. 43 (2023).

Jena Martin

“A Change is Gonna Come:” Developing a Liability Framework for Social Media Algorithmic Amplification (2022)

Cited by Amy Cyphert & Sam Perl, Blockchain Safe Harbor? Applying the Lessons Learned from Early Internet Regulation , 107 Marq. L. Rev. 145, 146 (2023).

Cited by Cody Corliss, Digital Terror Crimes, 62 Colum. J. Transnat'l L. 58 (2023).

“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 Natasha H. Sarna, Building Seats at the Table: The Use of Worker-Driven Social Responsibility Agreements to Address Forced Labor in the Global Value Chain, 23 J. Int'l Bus. & L. 62 (2023).

Marjorie McDiarmid

What's Going on Down There in the Basement: In-House Clinics Expand Their Beachhead (1990)

Cited by Robert R. Kuehn and David A. Santacroce, An Empirical Analysis of Clinical Legal Education at Middle Age, 71 J. Legal Educ. 622 (2022).

Patrick C. McGinley

Yielding to the Necessities of a Great Public Industry: Denial and Concealment of the Harmful Health Effects of Coal Mining (2019)

Cited by Uma Outka, Evolving Legal Conceptions of "Energy Communities", 78 U. Miami L. Rev. 471 (2024).

Collateral Damage: Turning a Blind Eye to Social Injustice in the Coalfields (2013)

Cited by Uma Outka, Evolving Legal Conceptions of "Energy Communities", 78 U. Miami L. Rev. 471 (2024).

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

Cited by Uma Outka, Evolving Legal Conceptions of "Energy Communities", 78 U. Miami L. Rev. 471 (2024).

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 Jennifer Elisa Chapman, Teaching Critical Use of Legal Research Technology, 28 Legal Writing: J. Legal Writing Inst. 123 (2024).

Cited by Nicholas Mignanelli, Notes for A New Legal Research Pedagogy, 43 N. Ill. U. L. Rev. 265 (2023).

The Legal Research Plan and the Research Log: An Examination of the Role of the Research Plan and Research Log in the Research Process (2016)

Cited by Jennifer Elisa Chapman, Teaching Critical Use of Legal Research Technology, 28 Legal Writing: J. Legal Writing Inst. 123 (2024).

Alison Peck

The Accidental History of the Immigration Courts (2021)

Cited by Petition for a Writ of Certiorari, Lamare v. Garland, No. 23-1033 (Mar. 14, 2024).

Cited by Brief of Petitioners, Fleming v. Carmichael, No. 23-ICA-174 (July 28, 2023).

Jesse Richardson

Land Use Conflicts Between Wind and Solar Renewable Energy and Agricultural Uses (2022)

Cited by Hannah J. Wiseman et. al., Farming Solar on the Margins, 103 B.U. L. Rev. 525, 562 (2023).

Amelia Smith Rinehart

The Federal Question in Patent-License Cases (2015)

Cited by Joshua L. Sohn & Paul R. Gugliuzza, Certifying Questions in Patent Cases, 109 Iowa L. Rev. 791 (2024).

John Taylor

Tinker and Viewpoint Discrimination (2009)

Cited by Stephen McLoughlin, Don't Say Gay or God: How Federal Law Threatens Student Religious Rights and Fails to Protect LGBTQ Students, 49 B.Y.U. L. Rev. 117, 117 (2023).

Why Student Religious Speech is Speech (2007)

Cited by Stephen McLoughlin, Don't Say Gay or God: How Federal Law Threatens Student Religious Rights and Fails to Protect LGBTQ Students, 49 B.Y.U. L. Rev. 117, 117 (2023).

Hollee Temple

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

Cited by Ezra Ross, Legal Writing and Faculty Pro Bono, 28 Legal Writing: J. Legal Writing Inst. 353 (2024).

S. Sean Tu

Product Hopping in the Drug Industry--Lessons from Albuterol (2022)

Cited by Michael S. Sinha, Public Health Product Hops, 73 Am. U. L. Rev. 395, 395 (2023).

Joshua Weishart

Separate But Free (2021)

Cited by Kristine L. Bowman, The New Parents' Rights Movement, Education, and Equality, 91 U. Chi. L. Rev. 399 (2024).

Cited by Caitlin Millat and Melissa Murray, Education as Childcare, 101 N.C. L. Rev. 1463 (2023).

Protecting a Federal Right to Educational Equality and Adequacy, in A Federal Right to Education: Fundamental Questions for Our Democracy (2019)

Cited by Kimberly Jenkins Robinson, Rodriguez at Fifty: Lessons Learned on the Road to A Right to A High-Quality Education for All Students, 55 Loy. U. Chi. L.J. 343 (2023).

What the Law Says About Parents' Rights Over Schooling (2019)

Cited by Kristine L. Bowman, The New Parents' Rights Movement, Education, and Equality, 91 U. Chi. L. Rev. 399 (2024).

Transcending Equality Versus Adequacy (2014)

Cited by Abigail Palmquist, Comment, How an Amended Right to Education Could Meaningfully Improve California's Classrooms, 55 U. Pac. L. Rev 103, 104 (2023).