For my part, since it was your desire, I thought that the fountains ought to be shown you from which you might draw, and the roads which you might pursue, not so that I should become your guide (which would be an endless and unnecessary task) but so that I might point you out the way, and as the practice is, might hold out my finger toward the spring.
On January 4, 1894, the West Virginia Bar Association approved the publication of
a monthly journal, beginning in February next, which shall regularly contain the minutes, proceedings, papers and addresses of the association; a review of or digest of the decisions of the State Supreme Court of Appeals as they appear, the personal and other news of local bars and such general matters as shall be appropriate, instructive and entertaining to members of the profession . . . . 2
The journal, to be titled The West Virginia Bar, was also to contain “editorial columns . . . devoted to the advocacy of such measures of legislation and of the Bar Association and of general value to the profession as may be proposed.” 3 The West Virginia Bar was to be produced under the supervision of the Bar Association’s Executive Council. 4
After several title changes, The West Virginia Bar continues today as the West Virginia Law Review. It is the fourth-oldest law journal published in the United States. 5
This Article will explain the development of the West Virginia Law Review, from its beginnings as The West Virginia Bar to its newest form, the West Virginia Law Review Online.
II. Beginnings: The West Virginia Bar
While founded as a Bar Association publication, The West Virginia Bar had academic roots. It was William P. Willey, Professor of Equity Jurisprudence and History at West Virginia University, who advocated establishing such a journal. 6 He saw the journal as both “a medium of exchange of opinions” and “a kind of clearance house of matters of interest to the profession.” 7 Not surprisingly, the Executive Council elected Professor Willey as the Editor of the new journal, recognizing him as “the logical man” for the position “and the best material on the Council.” 8 He served as Editor of The West Virginia Bar and its successor, The Bar, from 1894 until 1917 9
The first issue of The West Virginia Bar featured the syllabi of the most recent decisions of the West Virginia Supreme Court of Appeals, “[r]ight [f]resh [f]rom the [h]opper . . . .” 10 The first case syllabus to be included was that of C.C. Miller v. Jas. S. Cox. 11 Reports of decisions from the Supreme Court of Appeals would be a regular feature in The West Virginia Bar. Later issues also included reports on cases from the West Virginia Circuit Courts.
Also included in the first issue were the proceedings of the Eighth Annual Meeting of the West Virginia Bar Association. 12 That year’s meeting had been held in Grafton on January 3–4, 1894. 13 West Virginia Bar Association minutes, as well as other material from the Bar Association, including committee rosters and reports, would also be regular features of the publication. 14 Information on local bar associations was also included in the journal. 15
Articles—often very brief—were featured from the very beginning of The West Virginia Bar. Many of these dealt with issues that arose in the daily practice of law. Lawyers were reminded that placing one’s “feet up on the trial table in the face of the court” was “an outrageous act of ill manners, tending to reduce the dignity of the court room to a plane with the bar room.” 16 A young man recently admitted to the bar “without any practice, with no experience, without any income” was advised to open his own law offices “even though those who seek him there be few and far between” rather than entering practice with a senior partner. 17 Other articles discussed matters of historical interest, important cases and newly-adopted statutes in West Virginia. 18 Unique cases from the courts of other states, from the federal courts, and from the courts of other nations were also referenced.
On several occasions the publication offered comment on controversial matters relating to the practice of law in West Virginia. That included supporting the division of the West Virginia Federal District into two separate districts, an action opposed by some West Virginia attorneys. 19 The low salaries paid to West Virginia’s Supreme Court judges were addressed on several occasions. 20 West Virginia’s Justice’s Courts were described as “little less than a burlesque on judicial procedure,” with the journal noting that “[t]here is scarcely a citizen who has had to do with this branch of our judicial machinery who has any confidence in it, and who does not regard it as uncertain as the wind.” 21
The journal’s editor did not hesitate addressing social issues of the day. For example, the March 1901 issue addressed the “outcropping of the lynching habit which has fastened itself on the country.” 22 Lynching was described as “a national evolution of the spirit of violence which defies the law.” 23 It lamented that lynching was “slowly undermining the very foundations of government.” 24
Issues of The West Virginia Bar also included personal notes regarding Bar Association members. For example, the inaugural issue reported that “[t]he venerable ex-Judge Samuel Woods is as spry and vigorous under his three-score-and-ten as a boy in his ‘teens.” 25 Readers of The Bar unfortunately learned that “[t]he venerable Fontaine Smith of the Fairmont Bar,” described as “the very personification of courtesy,” had been stricken with a serious illness and was “looking much the worse for the wear.” 26 It was also reported that Judge Okey Johnson—“always big, booming and hearty on which ever side you look at him”—was taking care of the interests of a client in Monongalia County. 27
The West Virginia Bar also included occasional humorous stories and jokes, some of which are still heard today:
A lady, in speaking of a gathering of lawyers to dedicate a new court house, said she supposed they had gone “to view the place where they would shortly lie.”
Judge. Have you anything to say before the Court passes sentence upon you?
Prisoner. Well, all I got to say is, I hope your Honor ‘ll consider the extreme youth of my lawyer, and let me off easy. 28
While not an official publication of the West Virginia University College of Law, The West Virginia Bar occasionally reported on happenings at the law school. In 1898, for example, it was noted that the school would no longer award a law degree “to anyone who has not finished a prescribed course of academic branches, requiring two years study, which may be done in the State University or elsewhere . . . .” 29
III. The Bar
In 1896 the title on the cover of the publication was changed to read The Bar. 32 However, the official name of the journal as listed on the masthead remained The West Virginia Bar until the May 1901 issue. 33 At that time the transition was completed, and the editor announced that
The Bar has demonstrated its ability to change its dress.
New type, new paper, new measure, new matter, new size, new volume, new style, and a new ambition to be an up-to-date law journal that will satisfy the most fastidious, are all included in this change.
The Bar does not intend to fall behind the procession, but will be found henceforth to have aspirations equal to the most pretentious. The Profession in West Virginia is entitled to such a journal, and if their response is equal to the measure of our ambition the deal may be considered as closed. 34
The Bar continued supplying much of the same material that had been available in the earlier West Virginia Bar, albeit in a more attractive format. Articles included a request that the state provide an adequate building for the West Virginia College of Law 35 and a two-part symposia on the West Virginia-Virginia debt case. 36 Other writings—some written specifically for The Bar , other republished from other sources—addressed a variety of topics ranging from An Epidemic of Divorce 37 to Disciplinary Wife Spanking 38 to Liability of Husband for Negligence of Wife in Operating His Motor Car. 39
A change in The Bar occurred in 1915 when it was announced that a new section “devoted to the study and exposition of West Virginia law” was being created. 40 The new “Notes on West Virginia Law” section was to be “the work of the student members of the Editorial Board,” who had been “chosen from among those of high rank in the second and third year classes in the College of Law . . . .” 41 It was the first student involvement with the publication; it would not be the last. 42
In the January 1916 issue of The Bar , the editor noted that the journal was “celebrating the 23rd anniversary of its birth, which, in view of its family connections and the history of journalistic life, may be regarded as a good, sound lifetime.” 43 Perhaps Professor Willey, who had served as editor of The West Virginia Bar and The Bar since 1894, was sensing his own mortality; ill health forced his resignation as editor of The Bar in June 1917. 44 At that time the West Virginia Bar Association paid tribute to his years of service to the profession, particularly recognizing his work as editor of Bar Association’s journal:
[I]t was as the founder of The Bar in 1894 and its editor until 1917 that he made his influence most felt. The twenty-four bound volumes of The Bar, over two hundred and fifty numbers, represent an untold labor of love, done practically without compensation for the good of the legal profession of West Virginia. 45
IV. West Virginia Law Quarterly and the Bar
Following Professor Willey’s resignation, the possibility of discontinuing publication of The Bar was considered. 46 Instead, “in accordance with the report of a special committee,” the journal was given a new name: West Virginia Law Quarterly and the Bar. 47 While the publication remained the official organ of the Bar Association, editorial management of the journal was transferred to the West Virginia College of Law. 48 As the new titles implies, the publication was issued quarterly.
The new journal was planned to be “of peculiar interest to the legal profession of West Virginia,” with articles being “selected largely with respect to the needs of the West Virginia bar.” 49 Recent cases included in the West Virginia Law Quarterly were to “be limited in most instances to those decided by the supreme courts of West Virginia and Virginia” and applicable federal cases, with an exception being made “as to cases involving coal, oil or gas rights from states governed by the same mining-law principles as West Virginia.” 50
The original Board of Editors of the Law Quarterly consisted of Henry Craig Jones, James Russel Trotter, James W. Simonton, Thomas P. Hardman, and Leo Carlin. 51 Associate editors for the Bar Association were William P. Willey, Ira E. Robinson, and Robert S. Spilman. 52 Associate Student Editors were Edgar C. Glass, Karl B. Kyle, William W. Walters, Arthur G. Stone, Julian L. Hagen, and Thomas A. Little. 53
There were relatively few students at the law school to serve as editors for the new publication. Following the assumption of unrestricted submarine warfare, the United States had declared war on Imperial Germany on April 6, 1917. 54 It was announced in the November 1917 issue of the Law Quarterly that “[t]he number enrolled as students is slightly less than fifty per cent” of the previous year’s enrollment. 55 One former second-year student who had enlisted in the Army reported that he “would be ashamed of the school if it didn’t have a large reduction in attendance at such a time.” 56
The January 1918 issue included lists of the West Virginia lawyers 57 and West Virginia University law students who were serving in the military. 58 Later issues added names to that list. It was also announced that the Law Quarterly would “publish the names of West Virginia students in other law schools who have entered military service upon receiving their names and addresses.” 59
Reports of the involvement of law students and attorneys in the war effort were not, however, the primary focus of the Law Quarterly. The newly-renamed journal was taking on the appearance of a modern law review. Longer academic articles replaced the relatively abbreviated articles found in the old Bar. Three such articles were published in the first issue: Bills to Remove Cloud from Title – With Reference to the State of the Authorities in Virginia and West Virginia by David C. Howard, 60 Oil and Gas Leases and the Rule Against Perpetuities by James W. Simonton, 61 and Growth of State Power Under Federal Constitution to Regulate Traffic in Intoxicating Liquors by Clifford R. Snider. 62
The articles were followed by “Editorial Notes,” shorter pieces written by law faculty and practitioners, and even shorter student-written “Recent Cases.” The first Editorial Note was Venue in Equity as Depending Upon the Situs of the Land; 63 the first “Recent Case” was Bills and Notes – Validity of a Stipulation for an Attorney’s Fee. 64 These were followed by two pages of Questions and Answers of Committee on Professional Ethics of New York County Lawyers Association along with Bar Association news and a list of Bar Association officers and committees. No book reviews appeared in the first issue published under the new title, but they would be published in later issues.
It was already noted that the first issue of the Law Quarterly included a tribute to Professor William P. Willey. 65 Dedications to members of the law school faculty would continue to appear in later issues of both the Law Quarterly and the West Virginia Law Review. Among these were dedications and tributes to Professor James Russel Trotter, 66 Dean Henry Craig Jones, 67 Professor James Wiggins Simonton, 68 Dean Clyde Lemuel Colson, 69 Professor Russell C. Dunbar, 70 Paul N. Bowles, 71 Ralph J. Bean, 72 E. Ann Compton Keel, 73 Justice Thomas B. Miller, 74 The Honorable James M. Sprouse, 75 Professor Ann Maxey, 76 Professor Carl M. Selinger, 77 Dean Willard D. Lorensen, 78 Senator Robert C. Byrd, 79 Professor Steven G. Gey, 80 Senator John D. Rockefeller, IV, 81 Professor Franklin D. Cleckley 82 and Dean Emeritus John W. Fisher, II. 83
This trend on serving the West Virginia Bar by publishing articles and notes specific to West Virginia continued during the Roaring 20s. Among the articles published were The Rule in Shelley’s Case in West Virginia, 84 Legal Research in West Virginia, 85 and Review of Observations Upon Civil Procedure in West Virginia. 86 Issues pertaining to prohibition—in effect from 1920 to 1933—were raised in several articles and notes, including Intoxicating Liquors – Confiscation and Sale of Automobile Engaged in the Unlawful Transportation of Intoxicants in its Effect on the Innocent Owner of the Vehicle . 87
The publication also occasionally included poetry, including a poem titled The Supreme Court Judge: An Appreciation . 88 It included these lines:
The pageant of Life goes by unseen by him.
The call of Spring from brook and meadow,
Summer, flinging wide her treasures with lavish hand,
Autumn, gilding a thousand hilltops with glory incomparable.
Winter’s fairy frostwork,
All these unheeded.
For he, into whose hands
The people have committed trust,
Must labor without pause, else be engulfed
Beneath the never ceasing, ever deepening tide of work. 89
Articles and editorials dealing with the happenings and needs of the College of Law were also featured. A 1920 article provided details on the new law building, including floor plans. 90 A 1928 editorial by Professor Thurman W. Arnold asked for comments from the bar on whether the law school “should require three years college work for entrance,” that being “in line with what all the better law schools” were already doing. 91 Another editorial by Professor Arnold called for the construction of a dormitory for law students, seeing it as a way for the students to “eat with the law and live with the law.” 92
Law students are scattered in fraternities and boarding houses all over the campus. It is notorious that when a few of them get together they drown out other conversations with discussions of fascinating legal problems. The unfortunate thing is that very few of them do get together. For the most part, they are compelled to study law by themselves because they are so hopelessly scattered among the mass of students throughout the University. 93
It was in 1922 that the first woman joined the Law Quarterly’s Student Board of Editors. 94 Kathryn V. Jenkins served as an editor during her second year. 95 Her note, Carriers – Care Required to Discover Obstructions, can be found in the November 1922 issue of the Law Quarterly. 96
In 1920, A.W. Laas was named Chairman of the West Virginia Law Quarterly’s Student Board of Editors. 97 The Board had previously operated without a Chairperson. The Board would undergo a further reorganization in 1931 when Bernard Sclove was named Board President and August W. Petroplus became Board Secretary. 98 Beginning in 1935, student members of the Law Quarterly were listed as Associate Student Editors with Guy Otto Farmer serving as President, Marlyn Edward Lugar as Secretary, Stephen Ailes as Note Editor and Houston Alexander Smith as Case Editor. 99
The first female law student to serve as President of the Student Board of Editors was Trixy M. Peters, Class of 1934. 100 Apparently a prolific writer, during her second year she published two legislation notes: The Amendment of West Virginia Statutes 101 and Some Statutory Modifications of the Hearsay Rule. 102 She also published two recent case comments: Criminal Law – Defenses – Entrapment, 103 and Constitutional Law – Amending Constitutions – Construction. 104 In her senior year the Law Quarterly published her student note, Injunctions – Labor Injunctions – Persons Bound, 105 along with a recent case comment that she authored, Insurance – Escheat – Murder of Insured by Beneficiary Who is Sole Distributee . 106 During her third year the Law Quarterly also published her oil and gas comment, Developments in the Doctrine of Carper v. United Fuel Gas Company. 107
Many of the articles and notes published in the Law Quarterly during the era of the Great Depression remained centered on West Virginia law, such as The Common Law Declaration in West Virginia, 108 The Menace of Jarndyce and Jarndyce, 109 and The Present Legal Status of the Private Seal in West Virginia. 110 An editorial note explained that the West Virginia Law Quarterly was
not ambitious to imitate the Harvard Law Review or other law reviews which attempt a national scope. We believe that our field is local and if our magazine is to have a general interest it will be among those who are interested in determining just what the West Virginia attitude is on legal questions. It is our ambition in time to make our volumes the first reference work where anyone would turn for a discussion of West Virginia law. 111
This does not mean that the Law Quarterly ignored events happening outside of the Mountain State. Several articles during this period dealt with issues raised by various policies instituted under President Franklin Roosevelt’s New Deal. These included Judicial Review of Administrative Determinations and the Doctrine of Separation of Powers. 112 As the international situation worsened, one article addressed national defense: The President and Military Power in Emergencies . 113 Unfortunately an article on municipal zoning and segregation, reflective of the time in which it was written, noted that “it does not follow that it was ever intended that the Federal Government should attempt to put the two peoples, so different in characteristics and aptitudes, upon a social equality.” 114
The entry of the United States into World War II—like the First World War fewer than 25 years earlier—had a profound effect on law school attendance as students left to join the Army, Navy, Marines, Coast Guard or Army Air Force. The April-June 1942 issue of the Law Quarterly included a list of law students who had been inducted into the military. 115 A similar list of those members of the West Virginia Bar who had also entered into military service was also published. 116
During the 1942–43 school year the Law Quarterly published only two issues, December 1942 117 and February-April-June 1943. 118 The publication then took a wartime hiatus, with the following announcement being read at the 1943 West Virginia Bar Association meeting:
The Council has been advised by the Dean of the University Law School that it has been concluded to be impracticable under existing war conditions, considering particularly the very limited student body of the Law School, to continue the publication of the Law Quarterly upon the high standards established for this publication and that for this reason the publication of the Law Quarterly will be discontinued for the duration of the emergency. 119
The West Virginia Law Quarterly resumed publication in December 1946. 120 Three years later the publication took on a new title.
V. West Virginia Law Review
In 1949, beginning with Volume 52, the West Virginia Law Quarterly and the Bar became the West Virginia Law Review. It was noted that “[t]he change in title . . . . will not involve a change in the numerical designation,” nor was “it contemplated that either the publication dates or the number of issues per volume will be changed . . . .” 121 The Law Review continued to be published in conjunction with the West Virginia Bar Association. 122
During the 1950–51 school year Robert Emanuel Magnuson became the first Editor in Chief of the Law Review. 123 Norman Edward Rood, Quentin Gilbert Swiger, and Floyd Ramsay Tarr served as Associate Editors, while Charles Hugh Bean, Spicer Franklin Burford, John Nicholls Charnock, Charles Maurice Harrison, Robert Lee Hart, Jr., and Willis Owen Shay served as members of the Student Board of Editors. 124
Despite the change in the title and management of the Law Review, in 1953 it was reported that the publication was experiencing serious financial difficulties. At the 1953 meeting of the West Virginia Bar Association, it was reported that because of budget cuts in University printing, “the current issue of the Law Review would probably be the last one to be published, at least for some time.” 125 Fortunately the University increased its funding for the publication, and that funding, combined with an increase in advertising and subscriptions, kept the Law Review in print. 126 In 1955 the Bar Association approved a $1.00 yearly increase in dues to ensure adequate financial support for the publication. 127
Unfortunately it took a number of years following the Second World War for the West Virginia Law Review to resume its quarterly schedule. 128 This was primarily because of the aforementioned lack of funds combined with delays involving the printer, not because of the work of the student editors. 129 It was not until 1956 that John D. Phillips, President of the West Virginia Bar Association, was able to report that “the revitalization of the Law Review is progressing nicely,” and that it was again becoming a “prompt and timely publication.” 130 The Law Review Faculty Editor in Charge, Gerhard O. W. Mueller, noted that while past issues had “appeared late and irregularly,” the Law Review had “returned to a quarterly publication . . . [w]ithout lowering [its] traditionally high standards.” 131
In 1950s and 1960s, the Law Review continued to publish many articles and notes dealing with issues of specific interest to West Virginia lawyers. These included The Drilling Clause in Oil and Gas Leases in West Virginia, 132 The Attorney-Client Privilege in West Virginia, 133 and Covenants in Leases in West Virginia. 134 In addition, for many years the Law Review published a yearly survey of developments in West Virginia law. 135 However, the journal also published articles and notes covering topics that extended far beyond West Virginia’s borders, including Municipal Zoning and Land Use Regulation, 136 Administering that Ounce of Prevention: New Drugs and Nuclear Reactors, 137 Safeguarding Atoms-for-Peace: U.K. Bilateral Agreements with Other Nations, 138 and Property Rights in Dead Bodies. 139
In 1969 the Law Review published papers from a symposium on Constitutional Revision that had been jointly sponsored by the College of Law and the Institute for Labor Studies of the West Virginia University Center for Appalachian Studies and Development. 140 Six papers from the symposium were published in the April-June 1969 issue of the Law Review, 141 and three additional papers appeared in the December-February 1969–1970 issue. 142 Other symposium issues followed, covering a wide range of topics including “Federal Tax Symposium,” 143 “Why Labor Law has Failed,” 144 “Women and the Law,” 145 “Federalism and the Criminal Justice System,” 146 “ Farley v. Sartin and Fetal Personhood,” 147 “Comparative Law,” 148 “Family Law in the Year 2000,” 149 “E-Health: The Medical Frontier,” 150 “Water Issues in the Appalachian Region,” 151 “A Look at Brown v. Board of Education in West Virginia,” 152 “The Religion Clauses in the 21st Century,” 153 “A Post-Sago Look at Coal Mine Safety,” 154 “Digital Entrepreneurship: The Incentives and Legal Risks,” 155 “The Legal Ramifications of Prison Overcrowding,” 156 “Civil Resistance and the Law,” 157 “Child Protection in the 21st Century,” 158 “The Role of Litigation in the Fight Against Prescription Drug Abuse,” 159 “Zealous Advocacy for Social Change,” 160 “Flawed Forensics and Innocence,” 161 and “Evolving Investigative Technologies and the Law.” 162
Since its founding in 1894, The West Virginia Bar, The Bar, West Virginia Law Quarterly, and West Virginia Law Review had all functioned as the official publication of the West Virginia Bar Association, the association making a yearly contribution to support the journal. That arrangement came to an end in 1975. At the 1976 Meeting of the West Virginia Bar Association it was announced that the publication costs for the West Virginia Law Review were “being covered by advertising and University funds in addition to the subscription income.” 163 The Association therefore decided to explore “other projects within its resources whereby it might work advantageously with the Law School.” 164 The West Virginia Law Review Association was formed the following year, an organization designed to be “very beneficial in the ongoing improvement of the Law Review.” 165
In 1993 the Ralph J. Bean Law Review Endowment was established through a generous gift from the family of Ralph J. Bean. 166 The endowment was designed to provide the Law Review “with much needed enhancements and capital improvements.” 167 A separate West Virginia Law Review Endowment was established that same year, with initial gifts being made by several individuals in memory of Ann Keel. 168 These were not the only gifts to the Law Review that year; four former editors-in-chief—Thomas R. Goodwin, Joseph R. Goodwin, Lloyd G. Jackson, II and D.C. Offutt, Jr.—provided a “state of the art” computer for the publication. 169 Other individuals have since made very generous donations to help support the Law Review.
From 1980 until 1986, the West Virginia University College of Law served as the editorial home of the Journal of College and University Law. 170 Professor of Law Laura F. Rothstein served as Faculty Editor of the Journal, assisted by the “dedicated and hardworking” student editors and staff of the West Virginia Law Review. 171 In 1988 the editorial home of the Journal moved to Notre Dame Law School. 172
Articles and comments dealing with coal mining, a mainstay of the West Virginia economy, had long been published in the West Virginia Law Review and its predecessors. In 1978 the Law Review published its first National Coal Issue, 173 designed to bring legal matters dealing with to coal before a national audience. The first National Coal Issue addressed the Surface Mining Control and Reclamation Act of 1977. The National Coal Issue continued to be published through 2003. 174 Energy remained a focus of the Law Review editors in 2014 when an Energy and Sustainability Issue was published. 175
Book reviews continued to appear in the Law Review, with perhaps the most contentious being a review by David Boyle of David Horowitz’s Uncivil Wars: The Controversy over Reparations for Slavery. The review, titled Unsavory White Omissions? A Review of Uncivil Wars, 176 received a response from the book’s author, Unsavory Black Insinuations: A Reply to David Boyle. 177 This was followed by a reply written by Mr. Boyle: Unexpected Racial Assertions: A Counter-Reply to David Horowitz, 178 which was, in turn, followed by Mr. Horowitz’s Response to Boyle’s Comment. 179
During the 1997–98 school year the West Virginia Law Review celebrated its centennial. In his Introduction to Volume 100 of the West Virginia Law Review, Dean John W. Fisher, II, wrote the following:
For 100 years, the West Virginia Law Review has been an integral part of the educational experience of our students. The experience gained by the students who work on the Board of Editors and who have submitted notes and comments has served them well as they prepare for a career in the law.
To those of us who have served as members of the West Virginia Law Review we share a bond that spans the years and bridges the generations. The work of those who have served on earlier issues of the Law Review have made it possible for us to reach the milestone we now celebrate. The innovations of earlier years have become part of the rich tradition of the West Virginia Law Review that we celebrate today. The history and tradition that this volume both marks and celebrates is the foundation for the annual renewal and recommitment to the pursuit of excellence that each new Board of Editors experiences when they assume their roles as stewards of the West Virginia Law Review. 180
During the centennial year the West Virginia Law Review and the West Virginia Supreme Court of Appeals jointly published a special issue dedicated to West Virginia Supreme Court Justice Franklin D. Cleckley. 181 The issue, A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles From His Opinions as a Justice on the West Virginia Supreme Court of Appeals, paid tribute to a man who had “enriched the jurisprudence of our state.” 182
In 2011, the Law School presented the first C. Edwin Baker Lecture on Liberty, Equality, and Democracy. 183 Before his untimely death, Professor Baker had been the Nicholas F. Gallicchio Professor of Law and Communication at the University of Pennsylvania Law School; 184 the lecture was presented in conjunction with his family. 185 Proceedings from the Baker Lectures, along with other lectures presented at the Law School, have since been featured in the Law Review . 186
VI. West Virginia Law Review Online
Following the invention of the printing press by Johannes Gutenberg circa 1440, the printed page reigned supreme in the realm of publishing. That changed with the development of computers in the latter portion of the 20th century. In keeping with an increasing reliance on technology, the West Virginia Law Review Online was introduced in 2015. 187
The West Virginia Law Review Online was designed to provide “relevant, topical, high-quality legal research to practitioners in our state,” “publish[ing] articles that focus on West Virginia issues.” 188 It was expected that many of the articles would “be shorter than a traditional law review article, so as to offer more accessible publication opportunities for lawyers and judges.” 189 Recognizing its longstanding commitment to serve the West Virginia bar, the online publication was designed to allow the Law Review to “better fulfill its duty to support the state’s legal community.” 190
The current Law Review Editor-in-Chief, Rebecca Trump, explained that the online publication will allow articles focused on West Virginia law to appear in a much timelier manner than would publication in a print journal. 191 She reported that timely publication is particularly important in West Virginia, a state that has fewer legal resources in print than many larger states. 192
The West Virginia Law Review has served students and faculty of the West Virginia College of Law, members of the West Virginia bench and bar and the general public for almost 125 years. Whether it ultimately continues as a traditional print publication or in an online format, it should remain as a leading source of legal information for many years to come.
* A.B., Grove City College, 1983; J.D., The Dickinson School of Law, 1986; M.S.L.S., Clarion University of Pennsylvania, 1993; M.A., The Pennsylvania State University, 2006. Associate University Librarian, Interim Co-Director of the Law Library, Head of Faculty Services, Curator of Special Collections and Archivist, West Virginia University College of Law. Emeritus Faculty, The Pennsylvania State University.
1 This Cicero quotation appeared on the front cover of the first issue of The West Virginia Bar. 1 W. Va. B. 1 (1894).
2 Proceedings of the Eighth Annual Meeting of the West Virginia Bar Association, Held at Grafton, January 3 and 4, 1894, 1 W. Va. B. 34, 39 (1894) [hereinafter Proceedings].
5 The University of Pennsylvania Law Review (1852), Harvard Law Review (1887) and Yale Law Journal (1891) predate the West Virginia Law Review. See Edwin J. Greenlee, The University of Pennsylvania Law Review : 150 Years of History, 150 U. Pa. L. Rev. 1875, 1875 (2002); Erwin N. Griswold, The Harvard Law Review – Glimpses of Its History as Seen by an Aficionado, Harv. L. Rev., https://harvardlawreview.org/1987/01/glimpses-of-its-history-as-seen-by-an-aficionado/ (last visited Feb. 5, 2018); About the Yale Law Journal, Yale L. J., https://www.yalelawjournal.org/about-the-yale-law-journal (last visited Feb. 5, 2018). Penn’s law review was originally published as the American Law Register, a commercial publication. Edwin J. Greenlee, The University of Pennsylvania Law Review : 150 Years of History , 150 U. Pa. L. Rev. 1875, 1875 (2002). Harvard Law Review and Yale Law Journal both began as academic journals. See Griswold, supra note 5; About the Yale Law Journal, Yale L. J., https://www.yalelawjournal.org/about-the-yale-law-journal (last visited Feb. 5, 2018). An early publication produced by the students at the Albany Law School—the Albany Law School Journal —is usually regarded as a student newspaper rather than a law review. Robert A. Emery, The Albany Law School Journal : The Only Surviving Copy , 89 Law Libr. J. 463, 463 (1997). Only one issue of that publication, dated April 13, 1876, survives today. Id. at 464.
6 See B.M. Ambler, William P. Willey – An Appreciation, 25 W. Va. L.Q. 1, 2 (1917); The Origin, History and Status of the Bar: Its Usefulness, Etc., 24 Bar 179, 179–80 (1917).
7 Id. at 179.
8 Id. at 180.
9 Ambler, supra note 6, at 2. Although Professor Willey served as editor for many years, he was never listed as such in either The West Virginia Bar or its successor, The Bar . See, e.g., 24 Bar 201, 201 (1917). Instead, both journals were listed as being “under the editorial charge of the Executive Council.” Id. at 201.
10 Last Decisions of the Supreme Court of Appeals of West Virginia, 1 W. Va. B. 9, 9 (1894) [hereinafter Last Decisions].
< 11 18 S.E. 960 (W. Va. 1894); see also Last Decisions, supra note 10, at 9.
12 See Proceedings of the Eighth Annual Meeting of the West Virginia Bar Association, Held at Grafton, January 3 and 4, 1894, 1 W. Va. B. 11 (1894).
14 See, e.g, Id.; Proceedings, supra note 2, at 34.
15 See generally Proceedings, supra note 2.
16 Outrageous, 1 W. Va. B. 101, 101 (1894).
17 Go It Alone, 1 W. Va. B. 124, 124–25 (1894). It was suggested that a young lawyer would “find the temptation almost or quite irresistible to refer his difficulties to his more experienced friend instead of relying upon his own judgment . . . .” Id. at 125.
18 See, e.g, The Full Grist from the West Virginia Supreme Court, 1 W. Va. B. 247, 247 (1894).
19 The Federal Judicial District, 5 W. Va. B. 45, 45 (1898).
20 Judicial Salaries , 6 W. Va. B. 165, 165 (1899); See, e.g. , Proceedings, supra note 2, at 34; Judicial Salaries, 6 W. Va. B. 165, 165 (1899).
21 Where Justice is a Failure, 8 W. Va. B. 231, 231 (1901).
22 An Open Forum, 8 W. Va. B. 43, 43 (1901).
25 Personal, 1 W.Va. B. 8, 8 (1894).
27 Id. at 9.
28 Untitled, 1 W. Va. B. 46 (1894).
29 The University Standard, 5 W. Va. B. 44, 44 (1898).
30 See To West Virginia Lawyers, 1 W. Va. B. 6 (1894).
31 5 W. Va. B. 41, 41 (1898).
32 See 3 W. Va. B. 1 (1896).
33 Compare 8 W. Va. B. 75, 75 (1901), with 8 W. Va. B. 101, 101 (1901).
34 New Dress and New Ambition, 8 Bar 102, 102 (1901).
35 The Appeal of the Law College, 24 Bar 14, 14 (1917).
36 See A Symposiac: On What is the Proper Attitude of the State on the Virginia Debt Case, 23 Bar 146 (1916); Thomas P. Jacobs, A Symposiac: On What is the Proper Attitude of the State on the Virginia Debt Case; Part No. 2, 23 Bar 242 (1916).
37 An Epidemic of Divorce, 9 Bar 161 (1902).
38 Disciplinary Wife Spanking, Bar, Apr. 1915, at 20. The article did not address the possibility that disciplinary wife spanking may have been a contributing factor to the epidemic of divorce discussed in the earlier article.
39 Liability of Husband for Negligence of Wife in Operating His Motor Car, 24 Bar 204 (1917).
40 A New Department, Bar, Apr. 1915, at 10.
41 Notes on West Virginia Law, Bar, Apr. 1915, at 35.
42 It was, at least, the first recognized student involvement with the publication. It is certainly possible that Professor Willey might have had student assistance during prior years with both The West Virginia Bar and The Bar.
43 1916, 23 Bar 10, 10 (1916). In that same year, The Bar published West Virginia in the Making: First-hand History of the Formation of the State. Geo. R. Latham, West Virginia in the Making: First-hand History of the Formation of the State, 23 Bar 17 (1916). This was one of many articles on West Virginia legal history published in The Bar and its successors. See, e.g., Id.; Geo. R. Latham, West Virginia in the Making: First-hand History of the Formation of the State, 23 Bar 78 (1916); Geo. R. Latham, West Virginia in the Making: First-hand History of the Formation of the State, 23 Bar 305 (1916). It would be virtually impossible to write a history of this state without consulting these articles.
44 Ambler, supra note 6, at 1.
45 Id. at 2.
46 Foreword, 25 W. Va. L.Q. 56, 56 (1917).
50 Id. at 56–57.
51 Id. at 56.
54 The Oxford Illustrated History of the First World War 239–40 (Hew Strachan ed., 1998).
55 The College of Law, 25 W. Va. L.Q. 57, 57 (1917).
56 Id. at 58.
57 West Virginia Lawyers in Active Military Service, 25 W. Va. L.Q. 168, 168–69 (1918).
58 Law Students in Military Service, 25 W. Va. L.Q. 170, 170 (1918).
60 David C. Howard, Bills to Remove Cloud from Title – With Reference to the State of the Authorities in Virginia and West Virginia, 25 W. Va. L.Q. 4 (1917). A Charleston practitioner, David C. Howard was a former member of the faculty of the West Virginia University College of Law. Id.
61 James W. Simonton, Oil and Gas Leases and the Rule Against Perpetuities, 25 W. Va. L.Q. 30 (1917). The author was a Professor of Law at West Virginia University. Id.
62 Clifford R. Snider, Growth of State Power Under Federal Constitution to Regulate Traffic in Intoxicating Liquors , 25 W. Va. L.Q. 42 (1917). Mr. Snider was a 1917 graduate of the West Virginia University College of Law. Id. His article won the school’s 1917 Corpus Juris Scholarship. Id.
63 Venue in Equity as Depending upon the Situs of the Land, 25 W. Va. L.Q. 58 (1917).
64 Recent Cases: Bills and Notes – Validity of a Stipulation for an Attorney’s Fee, 25 W. Va. L.Q. 77 (1917).
65 See Ambler, supra note 6.
66 James Russell Trotter, 32 W. Va. L.Q. 1 (1925).
67 Editorials: Henry Craig Jones, 36 W. Va. L.Q. 103 (1929).
68 James Wiggins Simonton, 39 W. Va. L.Q. 1 (1932).
69 In Memoriam Dean Clyde Lemuel Colson: 1902–1965, 68 W. Va. L. Rev. 1 (1965).
70 James M. Sprouse, Russell C. Dunbar, 85 W. Va. L. Rev. 1 (1982).
71 In Memoriam Paul N. Bowles: October 9, 1921–October 8, 1986, 89 W. Va. L. Rev. xxiii (1986).
72 Personal Memories of and a Tribute to Ralph J. Bean, 95 W. Va. L. Rev. 271 (1992–93).
73 Dedication to E. Ann Compton Keel, 95 W. Va. L. Rev. 613 (1993).
74 Ancil G. Ramey, A Tribute to Justice Thomas B. Miller, 97 W. Va. L. Rev. 553 (1995).
75 Sam J. Ervin, III, Tribute for the Honorable James M. Sprouse, 98 W. Va. L. Rev. 1 (1995).
76 Floyd E. Boone, Dedicated to the Memory of Professor Ann Maxey, 103 W. Va. L. Rev. ix (2001).
77 John W. Fisher, II, Carl M. Selinger Dedication, 104 W. Va. L. Rev. vii. (2001).
78 Dedicated to the Memory of Dean Willard D. Lorensen, 107 W. Va. L. Rev. iv (2004).
79 108 W. Va. L. Rev. vii (2006). The third issue included four articles paying tribute to Senator Byrd. See Gerald G. Ashdown, Marshall, Marbury, and Mr. Byrd: America Unchecked and Imbalanced, 108 W. Va. L. Rev. 691 (2006); David A. Corbin, Senator Robert C. Byrd, the “Unsung Hero” of Watergate, 108 W. Va. L. Rev. 669 (2006); Robert Bruce King, Robert C. Byrd and the Fourth Circuit Court of Appeals, 108 W. Va. L. Rev. 607 (2006); M. Blane Michael, The Power of History to Stir a Man’s Blood: Senator Robert C. Byrd in the Line Item Veto Debate, 108 W. Va. L. Rev. 593 (2006).
80 Mary Claire Johnson, Dedication: Professor Steven G. Gey, 110 W. Va. L. Rev. iii–iv (2007).
81 Lee Adair Sparks, Dedication to Senator John D. Rockefeller IV, 113 W. Va. L. Rev. i (2010–11).
82 Amber M. Moore, Dedication to Professor Franklin D. Cleckley, 115 W. Va. L. Rev. iii–iv (2013).
83 Joyce E. McConnell et al., Tribute to John W. Fisher, II, The William J. Maier, Jr. Dean Emeritus and Robert M. Steptoe and James D. Steptoe Professor of Property Law, 116 W. Va. L. Rev. (Special Issue) xi, xi–xiii (2014).
84 James W. Simonton, The Rule in Shelley’s Case in West Virginia, 26 W. Va. L.Q. 178 (1920).
85 Robert M. Hutchins, Legal Research in West Virginia, 35 W. Va. L.Q. 103 (1929).
86 Leo Carlin, Review of Observations Upon Civil Procedure in West Virginia, 34 W. Va. L.Q. 30 (1927).
87 Note, Intoxicating Liquors – Confiscation and Sale of Automobile Engaged in the Unlawful Transportation of Intoxicants in its Effect on the Innocent Owner of the Vehicle , 33 W. Va. L.Q. 108 (1926).
88 The Supreme Court Judge: An Appreciation, 32 W. Va. L.Q. 81 (1925). The poem was attributed only to L.L.H. Id. at 82.
89 Id. at 81.
90 Henry Craig Jones, The Law Building at West Virginia University, 26 W. Va. L.Q. 238 (1920).
91 Thurman W. Arnold, Editorials: College of Law Registration – Raising Requirements for Entrance , 35 W. Va. L.Q. 53, 54 (1928).
92 Thurman W. Arnold, Editorials: A New Dormitory to Commemorate the Fiftieth Anniversary of the College of Law, 35 W. Va. L.Q. 54, 55 (1928).
94 See Editorial Notes, 29 W. Va. L.Q. 41, 41 (1922).
95 See West Virginia University, Women in Law: A Chronicle of 101 Years of Achievements 80 (2001). Ms. Jenkins was an early female editor, but certainly not the first American female law review editor. See Mark W. Podvia, The Dickinson Law Review: A Brief History, 108 Penn St. L. Rev. 747, 750 (2004). That honor probably belongs to Julia A. Radle, Dickinson School of Law Class of 1899. Id. She served as an editor of The Forum, predecessor to the Dickinson Law Review. Id.
96 Carriers – Care Required to Discover Obstructions, 29 W. Va. L.Q. 68 (1922). Student notes were then unsigned, but did include the author’s initials at the end of the note. Student names were not included with their notes until 1927, beginning with Volume 34. See, e.g., Student Notes and Recent Cases, 34 W. Va. L.Q. 96, 101 (1927).
97 Editorial Notes, 27 W. Va. L.Q. 73 (1920).
98 Editorial Notes , 38 W. Va. L.Q. 51 (1931).
99 Board of Editors, 42 W. Va. L.Q. 59 (1935).
100 See Student Notes, 40 W. Va. L.Q. 54, 54 (1933) (listing Ms. Peters as President on the Student Board of Editors).
101 Trixy M. Peters, The Amendment of West Virginia Statutes, 39 W. Va. L.Q. 70 (1932).
102 Trixy M. Peters, Some Statutory Modifications of the Hearsay Rule, 39 W. Va. L.Q. 174 (1933).
103 Trixy M. Peters, Criminal Law – Defenses – Entrapment, 39 W. Va. L.Q. 261 (1933).
104 Trixy M. Peters, Constitutional Law – Amending Constitutions – Construction, 39 W. Va. L.Q. 350 (1933).
105 Trixy M. Peters, Injunctions – Labor Injunctions – Persons Bound, 40 W. Va. L.Q. 54 (1933).
106 Trixy M. Peters, Insurance – Escheat – Murder of Insured by Beneficiary Who is Sole Distributee , 40 W. Va. L.Q. 188 (1934).
107 Trixy M. Peters, Developments in the Doctrine of Carper v. United Fuel Gas Company, 40 W. Va. L.Q. 375 (1934).
108 Leo Carlin, The Common Law Declaration in West Virginia, 35 W. Va. L.Q. 1 (1932).
109 J.H. Brennan, The Menace of Jarndyce and Jarndyce, 39 W. Va. L.Q. 279 (1933).
110 Thomas Clifford Billig & William Frederick Wunschel, The Present Legal Status of the Private Seal in West Virginia, 40 W. Va. L.Q. 330 (1934).
111 The West Virginia Law Quarterly, 34 W. Va. L.Q. 73 (1927).
112 George W. McQuain, Note, Judicial Review of Administrative Determinations and the Doctrine of Separation of Powers, 39 W. Va. L.Q. 348 (1933).
113 Charles McCamic, The President and Military Power in Emergencies, 39 W. Va. L.Q. 17 (1932).
114 George D. Hott, Constitutionality of Municipal Zoning and Segregation Ordinances, 33 W. Va. L.Q. 332, 348 (1927).
115 Students Inducted into Military Service, 48 W. Va. L.Q. 277 (1942).
116 Roll of Honor, 48 W. Va. L.Q. 267, 267–68 (1942). It was also announced that the Bar Association stood “ready “to furnish legal aid service whenever necessary to men in service from West Virginia . . . .” National Emergency , 48 W. Va. L.Q. 163, 163 (1942)
117 49 W. Va. L.Q. 1 (1942).
118 49 W. Va. L.Q. 103 (1943).
119 West Virginia Bar Association, Report of the West Virginia Bar Association: Including Proceedings of the Annual Meeting 20 (1944).
120 See 50 W. Va. L.Q. 1 (1946).
121 West Virginia Law Review, 52 W. Va. L. Rev. 56, 56 (1949).
123 See Student Board of Editors, 54 W. Va. L. Rev. 70, 70 (1951). The Student Board of Editors had previously been headed by a President. See supra note 98.
124 See Student Board of Editors, 54 W. Va. L. Rev. 70, 70 (1951).
125 Jackson N. Huddleston, Report of Committee on the West Virginia Law Quarterly, in Annual Report of the West Virginia Bar Association Including Proceedings of the Sixty-Ninth Meeting being the Sixty-Seventh Annual Meeting 50 (1953).
126 Marlyn Lugar, The West Virginia Law Review, in Annual Report of the West Virginia Bar Association Including Proceedings of the Seventy-First Meeting being the Sixty- Ninth Annual Meeting 50, 52, 57 (1955). Because funds did not exist to pay for printing additional pages, articles were actually declined because the Law Review “didn’t have the money to publish them . . . .” Id. at 52.
127 Id. at 57.
128 The West Virginia Law Review now publishes three issues yearly.
129 Lugar, supra note 126, at 51.
130 John D. Phillips, The West Virginia Bar Association President’s Page, 58 W. Va. L. Rev. 370, 370 (1956).
131 Gerhard O. W. Mueller, Editorial Note, The West Virginia Law Review Law Reviews and the Courts, 58 W. Va. L. Rev. 372, 372–73 (1956).
132 Robert Tucker Donley, The Drilling Clause in Oil and Gas Leases in West Virginia, 52 W. Va. L. Rev. 95 (1950).
133 Note, The Attorney-Client Privilege in West Virginia, 54 W. Va. L. Rev. 297 (1952).
134 Londo H. Brown, Covenants in Leases in West Virginia, 57 W. Va. L. Rev. 1 (1955).
135 See, e.g. , Thomas W. Rodd, Survey of Developments in West Virginia Law: 1981, 84 W. Va. L. Rev. 468 (1982).
136 Chester James Antieau, Municipal Zoning and Land Use Regulation, 53 W. Va. L. Rev. 301 (1951).
137 David F. Cavers, Administering that Ounce of Prevention: New Drugs and Nuclear Reactors – I, 68 W. Va. L. Rev. 109 (1966); David F. Cavers, Administering that Ounce of Prevention: New Drugs and Nuclear Reactors – II, 68 W. Va. L. Rev. 233 (1966).
138 Stephen Gorove, Safeguarding Atoms-for-Peace: U.K. Bilateral Agreements with Other Nations , 68 W. Va. L. Rev. 263 (1966).
139 Thomas McKendree Chattin, Jr., Property Rights in Dead Bodies, 71 W. Va. L. Rev. 377 (1969).
140 The symposium was presented in Morgantown, West Virginia, on May 9 and 10, 1969. David G. Harlon, Introduction, 71 W. Va. L. Rev. 237 (1969).
141 Darrell V. McGraw, Practical Political Considerations in Constitutional Revision, 71 W. Va. L. Rev. 320 (1969); J. Timothy Philipps, The West Virginia Constitution and Taxation, 71 W. Va. L. Rev. 260 (1969); James R. Quimper, Constitutional Revision in Maryland – Problems and Procedures, 71 W. Va. L. Rev. 298 (1969); Robert Sidman, Constitutional Revision in Pennsylvania – Problems and Procedures, 71 W. Va. L. Rev. 306 (1969); Hulett C. Smith, West Virginia’s Constitution and the Governor, 71 W. Va. L. Rev. 253 (1969); Albert L. Sturm, What Should a Model Constitution Contain, 71 W. Va. L. Rev. 238 (1969). The materials were highly relevant to West Virginia lawyers; the State was then considering the possibility of a Constitutional convention. See Hulett C. Smith, West Virginia’s Constitution and the Governor , 71 W. Va. L. Rev. 253, 255 (1969).
142 Carl M. Frasure, Constitutional Revision – The Legislature, 72 W. Va. L. Rev. 33 (1969); A. E. Howard, Constitutional Revision – Virginia’s Approach , 72 W. Va. L. Rev. 41 (1969); Richard Shelton, Constitutional Revision – The Counties, 72 W. Va. L. Rev. 60 (1969).
143 Federal Tax Symposium, A Tax Incentive Approach to the Depletion Allowance Dilemma, 82 W. Va. L. Rev. 1115 (1980).
144 Symposium, Richard L. Trumka, Why Labor Law Has Failed, 89 W. Va. L. Rev. 871 (1987).
145 Symposium, Women and the Law: A Century of Achievement, 97 W. Va. L. Rev. 681 (1995).
146 Symposium, Federalism and the Criminal Justice System, 98 W. Va. L. Rev. 757 (1996).
147 Symposium, Farley v. Sartin and Fetal Personhood, 99 W. Va. L. Rev. 235 (1996).
148 Symposium, Is There a European Advantage in Criminal Procedure?, 100 W. Va. L. Rev. 763 (1998).
149 Symposium , Family Law in the Year 2000: Part I, 102 W. Va. L. Rev. 237 (1999); Symposium , Family Law in the Year 2000: Part II, 102 W. Va. L. Rev. 499 (2000).
150 Symposium, E-Health: The Medical Frontier, 103 W. Va. L. Rev. 405 (2001).
151 Water Law Symposium: Water Issues in the Appalachian Region, 106 W. Va. L. Rev. 495 (2004).
152 Symposium, A Look at Brown v. Board of Education in West Virginia: Remembering the Past, Examining the Present, and Preparing for the Future, 107 W. Va. L. Rev. 625 (2005).
153 Symposium, The Religion Clauses in the 21st Century, 110 W. Va. L. Rev. 1 (2007).
154 Symposium, Thinking Outside the Box: A Post-Sago Look at Coal Mine Safety, 111 W. Va. L. Rev. 1 (2008).
155 See Symposium, The Patent System’s Relationship to Digital Entrepreneurship, 112 W. Va. L. Rev. 119 (2009).
156 Symposium, Crime and Punishment: The Legal Ramifications of Prison Overcrowding, 114 W. Va. L. Rev. 373 (2012).
157 Symposium, Civil Resistance and the Law: Nonviolent Transitions to Democracy, 114 W. Va. L. Rev. 825 (2012).
158 Symposium, Child Protection in the 21st Century, 115 W. Va. L. Rev. 1127 (2013).
159 Symposium, Prescription Drug Abuse: The Law’s Struggle to Address an Epidemic, 116 W. Va. L. Rev. 1117 (2014).
160 Symposium, Zealous Advocacy for Social Change, 117 W. Va. L. Rev. 921 (2015).
161 Flawed Forensics and Innocence Symposium, 119 W. Va. L. Rev. 519 (2016).
162 Evolving Investigative Technologies and the Law Symposium, 119 W. Va. L. Rev. 863 (2017).
163 James H. Davis III, et al., Report on the Committee on Legal Education – 1975-1976 , in 92 Annual Report of the West Virginia Bar Association 82 (1976).
165 Michael W. Carey, Editor’s Page, 81 W. Va. L. Rev. 429 (1979).
166 See John W. Fisher II, Dedication, Personal Memories of and a Tribute to Ralph J. Bean, 95 W. Va. L. Rev. 271, 273–74 (1993).
167 Id. at vi. The Law Review’s Centennial edition was dedicated to the Bean family, and the Law Review offices are now the Bean Law Review Suite. Id.
168 See Frank W. Volk, Dedication, Dedication to E. Ann Compton Keel, 95 W. Va. L. Rev. 613, 614–15 (1993). The Spring 1993 issue of the Law Review was dedicated to Ms. Keel. Id.
169 Benefactors of the West Virginia Law Review, 95 W. Va. L. Rev. vi (1993).
170 Laura F. Rothstein, Note from the Editor, 13 J.C. & U.L. vii—viii (1986).
173 See The National Coal Issue of the West Virginia Law Review, 81 W. Va. L. Rev. 1 (1979).
174 The National Coal Issue can be found in the following volumes of the West Virginia Law Review: 81 W. Va. L. Rev. 559 (1979); 82 W. Va. L. Rev. 835 (1980); 83 W. Va. L. Rev. 721 (1981); 84 W. Va. L. Rev. 983 (1982); 85 W. Va. L. Rev. 519 (1983); 86 W. Va. L. Rev. 687 (1984); 87 W. Va. L. Rev. 567 (1985); 88 W. Va. L. Rev. 509 (1986); 89 W. Va. L. Rev. 593 (1987); 90 W. Va. L. Rev. 727 (1988); 91 W. Va. L. Rev. 665 (1989); 92 W. Va. L. Rev. 795 (1990); 93 W. Va. L. Rev. 477 (1991); 94 W. Va. L. Rev. 593 (1992); 95 W. Va. L. Rev. 613 (1993); 96 W. Va. L. Rev. 577 (1994); 97 W. Va. L. Rev. 887 (1995); 98 W. Va. L. Rev. 1023 (1996); 99 W. Va. L. Rev. 433 (1997); and 100 W. Va. L. Rev. 537 (1998). Two additional National Coal Issue articles were published in later years. 103 W. Va. L. Rev 331; William S. Mattingly, If Due Process Is a Big Tent, Why Do Some Feel Excluded from the Top?, 105 W. Va. L. Rev. 791 (2003).
175 116 W. Va. L. Rev. 783, 819–1116 (2014).
176 David Boyle, Unsavory White Omissions? A Review of Uncivil Wars, 105 W. Va. L. Rev. 655 (2003).
177 David Horowitz, Unsavory Black Insinuations: A Reply to David Boyle, 105 W. Va. L. Rev. 699 (2003).
178 David Boyle, Unexpected Racial Assertions: A Counter-Reply to David Horowitz, 105 W. Va. L. Rev. 711 (2003).
179 David Horowitz, Response to Boyle’s Comment, 105 W. Va. L. Rev. 715 (2003).
180 John W. Fisher II, Introduction to Volume 100 of the West Virginia Law Review, 100 W. Va. L. Rev. 1, 1 (1997).
181 Justice Cleckley passed away on August 14, 2017, as this article was being drafted. First African-American W.Va. Supreme Court Justice Dies, Dominion Post, Aug. 16, 2017, at 10-A. He taught at WVU from 1969 to 2013 and served on West Virginia’s highest Court from 1994 to 1996. James Jolly, WVU Law Mourns the Passing of Frank Cleckley, W. Va. U.C.L. (Aug. 15, 2017), https://www.law.wvu.edu/news/2017/08/15/wvu-law-mourns-frank-cleckley.
182 Robin Jean Davis & Louis J. Palmer, Jr., A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles from His Opinions as a Justice on the West Virginia Supreme Court of Appeals, 100 W. Va. L. Rev., Special Issue 1997–1998, at 144. The special issue was numbered with Volume 100, but not consecutively paginated with the volume. See id. Another special issue of the Law Review, A Tribute to Thomas E. McHugh: An Encyclopedia of Legal Principles From His Opinions as a Justice of the West Virginia Supreme Court of Appeals, was jointly published by the Law Review and the Court in 2002. Robin Jean Davis & Louis J Palmer, Jr., A Tribute to Thomas E. McHugh: An Encyclopedia of Legal Principles from his Opinions as a Justice on the West Virginia Supreme Court of Appeals, 102 W. Va. L. Rev., Special Issue 2002, at 1. Another special issue, Selected Articles by Professor John Fisher, was published in 2014. See McConnell, supra note 83. These special issues were numbered in accordance with the volumes corresponding with their year of publication, but were not consecutively paginated with the volume.
183 Preface, C. Edwin Baker Lecture on Liberty Equality, and Democracy, 115 W. Va. L. Rev. 1 (2012).
185 Professor Baker’s papers are held in the Law School’s archival collection. Id.
186 Material from the C. Edwin Baker Lectures can be found at 115 W. Va. L. Rev. 1 (2012), 117 W. Va. L. Rev. 231 (2014), and 117 W. Va. L. Rev. 867 (2015).
187 David Stone, Introducing the West Virginia Law Review Online, 117 W. Va. L. Rev. Online 1 (2015). The numbering of West Virginia Law Review Online began with Volume 117. See id. It is numbered consecutively with West Virginia Law Review. See id.
191 Interview with Rebecca Trump, Editor-in-Chief, W. Va. Law Review, in Morgantown, W. Va. (Sept. 19, 2017).