Authors: Kristen M. Leddy, Russell S. Sobel, Matthew T. Yanni
State High Court | Judicial Selection Process | Legal Authority |
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General
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Latest News
- Brandeis professors discuss the future of Affirmative Action - The Justice
- Supreme Court Upholds Denial of Worker's Occupational ... - WorkCompCentral
- Joanne B. Ewing | News, Sports, Jobs - Shepherdstown Chronicle
- Wheeling City Solicitor Rosemary Humway-Warmuth To Lead ... - Wheeling Intelligencer
- Lawsuit filed to keep Donald Trump off West Virginia ballots - WOWK 13 News
- A Dire Future for Federal Environmental Protections Before The U.S. ... - University of Virginia
- Are Biden and Universities Organizing a New “Southern Manifesto”? - Heritage.org
- Governor Shapiro's RGGI Working Group Concludes: Now What? - NRDC (Natural Resources Defense Council)
- End-of-term Supreme Court cases include new legal term, car ... - Virginia Lawyers Weekly
- Alliance Defending Freedom’s Crusade Against Trans Rights - The New Yorker
Scholarship & White Papers
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CAPERTON Decision Prompts Changes to Judicial Recusal Standards and Procedures
In June of 2009, the Supreme Court decided the case Caperton v. A. T. Massey Coal Co.1 The Court ruled, in a 5-4 decision, that the due process clause of the 14th Amendment is violated when a judge denies a recusal motion based on the judge’s benefit of “extraordinarily large” campaign contributions or independent expenditures from the opposing party.2 Before this ruling, the 14th Amendment required recusal only when the judge had a financial interest contingent on the outcome of the case, or if the judge had participated in a previous stage of the case and was likely biased from that participation.
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West Virginia Court Expands COPPERWELD Doctrine
In the 1984 case Copperweld Corp. v. Independence Tube Corp.,1 the United States Supreme Court forever altered antitrust law by holding that a parent company cannot conspire with one of its wholly owned subsidiaries such as to violate Section 1 of the Sherman Act.2 Since that time, lower courts have been left to decide the scope of what has become known as the Copperweld Doctrine. A recent decision of the Supreme Court of Appeals of West Virginia clarified just how far the Copperweld Doctrine extends within West Virginia’s own antitrust law jurisprudence.