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Caperton V. A.T. Massey Coal Co.
''Caperton v. A. T. Massey Coal Co.'', 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires judges to recuse themselves not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case but also when "extreme facts" create a "probability of bias.". Background In 1998, Harman Mining Company president Hugh Caperton filed a lawsuit against A.T. Massey Coal Company alleging that Massey fraudulently cancelled a coal supply contract with Harman Mining, resulting in its going out of business. In August 2002, a Boone County, West Virginia jury found in favor of Caperton and awarded $50 million in damages. While the case was awaiting hearing in the West Virginia Supreme Court of Appeals, A.T. Massey's Chief Executive Officer, Don Blankenship, became involved in the election campaign pitting incumbent Supreme Court Justice Warren McGraw against ...
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West Virginia Supreme Court
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, since 1974 the Legislature declined to do so, until 2021 and thus the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from the circuit courts. Beginning July 1, 2022 a ne ...
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Republican Party (United States)
The Republican Party, also referred to as the GOP ("Grand Old Party"), is one of the two major contemporary political parties in the United States. The GOP was founded in 1854 by anti-slavery activists who opposed the Kansas–Nebraska Act, which allowed for the potential expansion of chattel slavery into the western territories. Since Ronald Reagan's presidency in the 1980s, conservatism has been the dominant ideology of the GOP. It has been the main political rival of the Democratic Party since the mid-1850s. The Republican Party's intellectual predecessor is considered to be Northern members of the Whig Party, with Republican presidents Abraham Lincoln, Rutherford B. Hayes, Chester A. Arthur, and Benjamin Harrison all being Whigs before switching to the party, from which they were elected. The collapse of the Whigs, which had previously been one of the two major parties in the country, strengthened the party's electoral success. Upon its founding, it supported c ...
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Robin Davis
Robin may refer to: Animals * Australasian robins, red-breasted songbirds of the family Petroicidae * Many members of the subfamily Saxicolinae (Old World chats), including: ** European robin (''Erithacus rubecula'') **Bush-robin ** Forest robin ** Magpie-robin ** Scrub-robin ** Robin-chat, two bird genera **Bagobo robin ** White-starred robin **White-throated robin **Blue-fronted robin ** Larvivora (6 species) ** Myiomela (3 species) * Some red-breasted New-World true thrushes (''Turdus'') of the family Turdidae, including: ** American robin (''T. migratorius'') (so named by 1703) ** Rufous-backed thrush (''T. rufopalliatus'') ** Rufous-collared thrush (''T. rufitorques'') ** Formerly other American thrushes, such as the clay-colored thrush (''T. grayi'') * Pekin robin or Japanese (hill) robin, archaic names for the red-billed leiothrix (''Leiothrix lutea''), red-breasted songbirds * Sea robin, a fish with small "legs" (actually spines) Arts, entertainment, and media Fi ...
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Esophageal Cancer
Esophageal cancer is cancer arising from the esophagus—the food pipe that runs between the throat and the stomach. Symptoms often include difficulty in swallowing and weight loss. Other symptoms may include pain when swallowing, a hoarse voice, enlarged lymph nodes ("glands") around the collarbone, a dry cough, and possibly coughing up or vomiting blood. The two main sub-types of the disease are esophageal squamous-cell carcinoma (often abbreviated to ESCC), which is more common in the developing world, and esophageal adenocarcinoma (EAC), which is more common in the developed world. A number of less common types also occur. Squamous-cell carcinoma arises from the epithelial cells that line the esophagus. Adenocarcinoma arises from glandular cells present in the lower third of the esophagus, often where they have already transformed to intestinal cell type (a condition known as Barrett's esophagus). Causes of the squamous-cell type include tobacco, alcohol, very hot ...
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Joseph Albright
Joseph P. Albright (November 8, 1938 – March 20, 2009) was an American jurist who first served on the Supreme Court of Appeals of West Virginia from 1995 to 1996. In November 2000, he was elected to the Supreme Court of Appeals for a full 12-year term. (He served from January 2001 until his death in 2009.) Personal Albright was born in Wood County, West Virginia. He married Patricia Ann Deem in 1958; they had four children, Theresa Albright Cavi, Lettie K. Albright Muckley (deceased), Joseph P. Albright Jr. and John P. Albright (deceased). In 1995, a widower, Albright married Nancie Gensert Divvens, becoming stepfather to her three adult children. Albright attended St. Francis Xavier Catholic Church in Parkersburg. Education Justice Albright earned a Bachelor of Business Administration degree, cum laude, from the University of Notre Dame and his law degree from the Notre Dame Law School, where he won the Webber Prize for Appellate Advocacy and was a member of the Notre Da ...
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Putnam County, West Virginia
Putnam County is a county in the U.S. state of West Virginia. As of the 2020 census, the population was 57,440. Its county seat is Winfield and its largest city is Hurricane. Putnam County is part of the Huntington-Ashland, WV-KY-OH Metropolitan Statistical Area, across the Kanawha River from Charleston, West Virginia. History The Virginia General Assembly formed Putnam County on March 11, 1848, from parts of Cabell, Kanawha and Mason counties. It was named for Israel Putnam, who was a hero in the French and Indian War and a general in the American Revolutionary War. George Washington surveyed the area in 1770. Winfield, the county seat, had been founded in 1818 but was incorporated on February 21, 1868, and named to honor General Winfield Scott a General during the Mexican American War and early stage of the Civil War. Slavery was a divisive issue in Putnam County before and during the Civil War. In the Virginia Secession Convention of 1861, Putnam County voters elect ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ...
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Conflict Of Interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party. An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes. Typically, a conflict of interest arises when an individual finds themselves occupying two soc ...
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Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority op ...
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John G
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * P ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy became th ...
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Theodore Olson
Theodore Bevry Olson (born September 11, 1940) is an American lawyer, practicing at the Washington, D.C., office of Gibson, Dunn & Crutcher. Olson served as United States Assistant Attorney General of the Office of Legal Counsel (1981–1984) under President Ronald Reagan and United States Solicitor General (2001–2004) under President George W. Bush. Early life Theodore Olson was born in Chicago, the son of Yvonne Lucy (Bevry) and Lester W. Olson. He grew up in Mountain View, California, in the San Francisco Bay Area. He attended Los Altos High School where he graduated in 1958. In 1962, Olson graduated '' cum laude'' from the University of the Pacific with a degree in communications and history where he was a charter member of the Phi Kappa Tau fraternity chapter. He earned his J.D. degree from the UC Berkeley School of Law in 1965. At Berkeley, Olson served as a contributor to the ''California Law Review'' and was a member of Order of the Coif. Legal career Early l ...
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