News

MORGANTOWN, WEST VIRGINIA -- Ben Wilson, a second-year student at the West Virginia University College of Law, has been chosen by his peers to serve as editor-in-chief of the West Virginia Law Review for the 2016-17 academic year.

MORGANTOWN, WEST VIRGINIA – Throughout West Virginia, communities trying to attract economic development are faced with abandoned and neglected buildings. In addition to being eyesores, these properties can be health and safety hazards.

To help local governments, a clinic at the West Virginia University College of Law has published a free guide to navigating the legal issues of dealing with dilapidated properties.

“From Liability to Viability: A Legal Toolkit to Address Neglected Properties in West Virginia” was written by the attorneys in the Land Use and Sustainable Development (LUSD) Law Clinic at the WVU College of Law.

The easy-to-use handbook identifies the various tools available to attorneys, mayors, code enforcement officers, land use planners and community leaders. It is based on dozens of interviews conducted statewide with experts as well as in-depth reviews of local ordinances. 

MORGANTOWN, WEST VIRGINIA — The 28th annual Public Interest Advocates Spring Auction will be held on Thursday, March 10, at WVU Law.

MORGANTOWN, WEST VIRGINIA — When justice hinges on forensic evidence, the science behind it must be flawless. But that is not always the case, according to the editors of the West Virginia Law Review. 

Juries often hear testimony on forms of forensic evidence that are not as scientifically sound as DNA testing. This branch of forensics includes hair, bite mark and shoe print comparisons. Add the fabrication of results and improper expert testimony and the outcome of a trial can be a wrongful conviction.

On March 3 and 4, the West Virginia Law Review is holding a symposium at the West Virginia University College of Law to explore the use of flawed forensics in the criminal justice system. Participants include national experts from higher education, the legal community, and advocacy groups. 

Admission is free and the public is invited to attend.

MORGANTOWN, WEST VIRGINIA – The Supreme Court of Appeals of West Virginia will convene at the West Virginia University College of Law on Tuesday, March 1, to hear four cases. 

The hearings will begin at 10 a.m. in the Marlyn E. Lugar Courtroom. Admission is free and open to the public. Seating begins at 9 a.m.

In their first case, the Justices will hear arguments concerning the wrongful death of Avishek Sengupta in a 2013 “tough mudder” competition in Gerrardstown, West Virginia. Tough Mudder, LLC is appealing a decision by the Circuit Court of Marshall County to deny a motion to compel arbitration.

The next case to be heard by the Justices will be The City of Morgantown v. Nuzum Trucking Company, et al. The city is appealing a circuit court order that overturned a weight ordinance that would limit certain truck traffic in downtown Morgantown.

MORGANTOWN, WEST VIRGINIA—Following the February 13 passing of U.S. Supreme Court Justice Antonin Scalia, WVU Law professor John Taylor, who teaches Constitutional Law, provided the following insight and reflections:

Justice Scalia’s Influence and Legacy

Justice Antonin Scalia will be remembered as one of the more significant Justices in the modern history of the Court. He was the intellectual leader of the Court’s conservative wing during a 30-year period when the Court moved to the right on many issues, and his ideas have influenced the terms of constitutional debate across the political spectrum.

Justice Scalia described himself as an “originalist” in constitutional interpretation, though his brand of originalism was leavened with a dose of pragmatism and (usually) respect for long-settled precedents. (“Faint-hearted originalism,” he called it.) In statutory interpretation, he stressed the primacy of the text and distrusted reliance on legislative history and legislative purposes. He brought heightened intellectual respectability to both originalism and textualism, and even his adversaries have been influenced by his positions. Originalist and textual arguments are a good deal more common in the Court’s opinions today than they were when Justice Scalia joined it. 

Justice Scalia saw himself as a proponent of judicial restraint who believed that most important decisions ought to be left to the political process (though his critics would dispute that characterization in areas like affirmative action), and for this reason he favored bright-line rules over balancing tests when crafting constitutional doctrine. He was of course a conservative jurist in most respects, but occasionally surprised his critics by taking unexpected positions (especially in the law of criminal procedure). He will perhaps be most fondly remembered for his lively writing style.

Whether you agreed or disagreed with his positions, his opinions were engaging, often memorable, and rarely dull. He will be missed.

What happens next?

The Court’s docket this terms includes several highly visible and politically contentious cases that have not yet been decided in areas including affirmative action, abortion rights, and immigration.

MORGANTOWN, WEST VIRGINIA—West Virginia University College of Law graduate Marilyn McClure-Demers is a recipient of the 2015 Hispanic National Bar Association (HBNA) Region X President’s Award.

The award recognized individuals who are “change agents of diversity” in Kentucky, Ohio and Tennessee.

McClure-Demers, a 1991 WVU Law graduate, is an Associate Vice President and the Associate General Counsel for Corporate and Intellectual Property Litigation at Nationwide Insurance. She personally represents Nationwide in regulatory or agency matters and class actions.

Previously, McClure-Demers served as Employment Law Counsel at Rite Aid Corporation and was in private practice.

She is a Fellow of the American Bar Foundation and a past Fellow of the Leadership Council for Legal Diversity and sits on its Alumni Executive Council. She is President Elect of the Ohio Women’s Bar Association (OWBA) and serves as Board Chair of the United Way of Delaware County, Ohio. She is the former Chair and Founder of the Women’s Leadership Network (WLN) for Delaware County.

McClure-Demers is a member of WVU Law Visiting Committee, which serves in an advisory capacity to the Dean.

MORGANTOWN, WEST VIRGINIA — Larry V. Starcher, former Chief Justice of the Supreme Court of Appeals for West Virginia, has established a fund at West Virginia University to benefit legal education.

The endowment will support adjunct faculty salaries at the WVU College of Law.

Starcher has been a lecturer at the College of Law since 2009, teaching trial advocacy and pre-trial litigation. He has served as an adjunct faculty member in the college’s trial advocacy program since 1991.

“WVU and the law school provided me with life-changing opportunities,” said Starcher. “With this endowment, I want to acknowledge that in a meaningful way while supporting the future of legal education in our state.”

MORGANTOWN, WEST VIRGINIA – Articles by two WVU Law students have been published on the Oxford Human Rights Hub Blog (OxHRH Blog).

Tasha Frazie and Christopher Smith, both 3Ls, wrote the posts as part of their International Human Rights Law class this fall.

The OxHRH Blog, which is based at the University of Oxford’s Faculty of Law, “aims to promote dialogue between human rights researchers, practitioners and policy-makers from around the world.” It is a prominent global forum with a focus on rigorous legal analysis that has been recognized with an OxTalent Award and by the British Academy.

In his post, Smith addressed  citizenship rights in the Dominican Republic, particularly a new policy of retroactively stripping citizenship from individuals born to “foreigners in transit.”