Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 38
Full-Text Articles in Entire DC Network
Table Of Contents
Richmond Journal of Law and the Public Interest
Fall 2007/Winter 2008- Articles & Commentaries
Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak
Richmond Journal of Law and the Public Interest
Following this introduction, Part II evaluates the effectiveness of the BAPCPA by measuring bankruptcy filing rates pre- and post-enactment and examines the losses disclosed by some of the largest credit lenders who lobbied for the bill. Part III discusses the legal challenges to BAPCPA that have already appeared in federal court. Part IV explains some of the more heavily-criticized shortcomings of the BAPCPA. This comment concludes with a brief discussion of the root causes of bankruptcy that remain unaffected by the passage of the BAPCPA.
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Richmond Journal of Law and the Public Interest
In creating the test to determine whether government employees in the Commonwealth of Virginia are entitled to the benefit of sovereign tort immunity, the Supreme Court of Virginia stated, "[a] dmittedly, no single all-inclusive rule can be enunciated or applied in determining entitlement to sovereign immunity." The court, however, managed to formulate a four-part test to be consistently applied to each situation requiring a determination of whether sovereign immunity should be granted to a state employee. This article will examine the discretion prong of the four-part test created by the court in James v. Jane and the reasons why the …
Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams
Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams
Richmond Journal of Law and the Public Interest
The freedom of speech protected by the First Amendment encompasses more than mere spoken words; it also protects conduct that has an expressive quality, such as flag burning.' In the important case of United States v. O'Brien, the United States Supreme Court appeared to narrow these sorts of protections in cases where there is a sufficient government interest in prosecuting actions, such as burning draft cards, and when such acts are noncommunicative. After the Supreme Court's recent holding in Rumsfeld v. Forum for Academic and Institutional Rights, Inc., the O'Brien holding's limitation on First Amendment protection for expressive conduct appears …
Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman
Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman
Richmond Journal of Law and the Public Interest
This article explores why the promise of ending our dual society, as first articulated in Brown v. Board of Education, has not been fulfilled. Specifically this article examines a more recent case, Parents Involved in Community Schools v. Seattle School District No. 1, addressing the lost promise of Brown and the implications for our dual society.
Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers
Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers
Richmond Journal of Law and the Public Interest
On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …
Table Of Contents
Richmond Journal of Law and the Public Interest
Spring 2008 - Articles & Commentaries
Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann
Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann
Richmond Journal of Law and the Public Interest
If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …
Table Of Contents
Richmond Journal of Law and the Public Interest
The General Assembly in Review
Table Of Contents
Richmond Journal of Law and the Public Interest
Summer 2008 issue including the table of contents, mathead and articles.
Foreword, Alysha Fulkerson, Erin Murphy
Foreword, Alysha Fulkerson, Erin Murphy
Richmond Journal of Law and the Public Interest
It is with great pleasure that the Editors of the Richmond Journal of Law and the Public Interest present the inaugural issue of The General Assembly in Review. The purpose of this publication is to give interested citizens an overview of Virginia's most recent General Assembly session by highlighting notable legislation and providing analysis on timely public policy issues.
Acknowledgement, Katherine Wallmeyer Payne
Acknowledgement, Katherine Wallmeyer Payne
Richmond Journal of Law and the Public Interest
When I was appointed Editor-in-Chief of the Richmond Journal of Law and the Public Interest (JOLPI) this spring, I was both thrilled and terrified. The Journal has been increasingly successful in recent years: recruiting large classes of staff members, organizing well-attended symposia, and publishing a record number of issues. The goals the new Editorial Board inherited were lofty ones, including maintaining our recent successes, while adding a new issue in a new medium. The issue that you are reading- the inaugural edition of The General Assembly in Review-is the happy result of those two goals. With this issue, JOLPI takes …
Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray
Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray
Richmond Journal of Law and the Public Interest
This article seeks to evaluate that family focused approach of Florida. The first part of the article examines the history and evolution of the juvenile justice system. Part III, surveys the current method of transferring youthful offenders to adult courts and the criticisms of those methods. Lastly, the article considers the reasons that individuals advocate for the abolishment of the juvenile justice system and the family focused model.
Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher
Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher
Richmond Journal of Law and the Public Interest
Most people probably do not know that as many as 65,000 nonsmokers die from secondhand smoke exposure each year. In fact, secondhand smoke is the third leading cause of preventable death in the United States. During the 2008 session of the Virginia General Assembly, state legislators commendably introduced twelve smoke-free bills -the most in the legislature's history. While many of these efforts to protect the public health succeeded in the Senate, a House of Delegates subcommittee declined to hear many of the bills, effectively removing them from further consideration. Clearly, Virginia has a long way to go, but support for …
Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street
Richmond Journal of Law and the Public Interest
tudent speech" doctrine defined by Tinker in favor of an in loco parentis standard that defers to the expertise of school officials in maintaining a safe, effective, and orderly school environment. Contrary to what its critics assume, an in loco parentis standard would not give school officials carte blanche to violate their students' rights. It would, for example, prohibit school officials from discriminating against students on the basis of viewpoint. But as long as Tinker's student speech doctrine survives, efforts to improve our schools and prepare our children for the rigors of the twenty-first century will suffer. The in loco …
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
Richmond Journal of Law and the Public Interest
Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Richmond Journal of Law and the Public Interest
This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.
The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt
The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt
Richmond Journal of Law and the Public Interest
This article examines the national treatment of mental health care professionals' participation in custody determinations and compares these practices with Virginia's ban. Furthermore, this article explores the rationale behind the ban on therapist testimony while weighing the pros and cons of allowing such evidence to be used. It then takes a closer look at the arguments for repealing the ban and the possible benefits which could result from the 2008 repeal.
Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska
Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska
Richmond Journal of Law and the Public Interest
This Article explores the question of whether HAVA requires matching, as well as the subsidiary question of whether HAVA mandates matching in states requiring voters to present a form of identification at the time of voting. The first question is a close one. However, on the second question, at least some courts are likely to conclude that HAVA exempts a state from having a matching program if the state requires identification from every voter at the polls. This Article makes a few modest recommendations to administrators trying to avoid the possibility of a lawsuit.
Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel
Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel
Richmond Journal of Law and the Public Interest
Immediately after the BCRA became law, its constitutionality was Supreme Court of the United States upheld all of the Act's major provisions. This Article will examine four main empirical claims the Court makes in McConnell: (1) wealthy campaign donors are able to buy greater access to politicians with campaign contributions, (2) limits on freedom to associate within party committees are necessary in order to prevent campaign finance abuses, (3) reductions in campaign funding will not inhibit political campaigns, and (4) those who purchase campaign advertisements must be identified so voters are not misled by the advertisements' messages. The first two …
Table Of Contents
Richmond Journal of Law and the Public Interest
2009 issue including articles and comments
Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa
Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa
Richmond Journal of Law and the Public Interest
Davis has raised numerous campaign finance issues: the precise definition of corruption in the electoral process; whether the government has an important interest in leveling the playing field of campaign finance to battle the perception that money can buy a seat in Congress; whether variations in contribution limits actually chill political speech by discouraging a candidate from self-financing; and, even if it does, whether the government interest is sufficient to allow raised limits. Part II of this note explores the history of campaign finance regulation through Congress and the courts, specifically focusing on self-financed candidates and the consideration of expenditure …
Finders Sleepers: Why Recent State Regulation Of Financial Intermediaries Should Rouse The Federal Government From Its Slumber, Jeffrey D. Chadwick
Finders Sleepers: Why Recent State Regulation Of Financial Intermediaries Should Rouse The Federal Government From Its Slumber, Jeffrey D. Chadwick
Richmond Journal of Law and the Public Interest
This comment argues that the current treatment of financial intermediaries in the capital-raising process is unresponsive to the changing landscape of the small business community. Not only does the SEC inadequately define the permissible role of a finder, recent legislation in Texas and South Dakota foreshadows the ills of a dual regulatory society. Rather than waiting for states to address the finder's dilemma on an ad hoc and inconsistent basis, the federal government should create an SEC-registered class of finders to facilitate capital formation and jumpstart a receding American economy. Part II examines the expanding role of financial intermediaries in …
Protecting Virginia's Youth: Establishing A Children's Ombudsman Office, Chelsea Dunn
Protecting Virginia's Youth: Establishing A Children's Ombudsman Office, Chelsea Dunn
Richmond Journal of Law and the Public Interest
Efforts from across Virginia to give our Commonwealth's vulnerable children a voice culminated on March 8, 2008, as legislation approving the creation of a Children's Ombudsman Office passed both houses of the Virginia legislature. Senate Bill 315, introduced by Senator John S. Edwards and co-sponsored by Senator R. Edward Houck,' passed the Senate with only one dissenting vote and received unanimous treatment in the House. House Bill 1131, introduced by Delegate William H. Fralin, Jr. and co-sponsored by Delegate Robert H. Brink, was approved unanimously in both chambers. These identical bills seek to give a voice to the 9,269 vulnerable …
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Richmond Journal of Law and the Public Interest
Underlying the juvenile court system are two competing philosophies of justice which have taken predominance over the system at different historical periods in relation to the public climate. Early reformers conceptualized juvenile justice as an informal and protective system that would seek to rehabilitate disadvantaged children who had succumbed to criminal influences. In response to negative assessments noting the leniency of juvenile courts, critics began to advocate for a more punitive system which would focus on retribution rather than treatment. Measures adopted by courts to increase the criminal responsibility placed upon juveniles include minimum sentencing guidelines and transfer of offenders …
Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers
Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers
Richmond Journal of Law and the Public Interest
Virginia is one of 12 states in the United States that does not automatically restore the right to vote to all felons who have completed their sentences. This paper provides the historical context offelony disenfranchisement in the Commonwealth of Virginia, and includes an examination of legislation and the rationales behind it. Descriptive empirical analysis of individuals in Virginia who have been disenfranchised and the impact this has on the Commonwealth's voting population is conducted for the year 2000. In addition, analysis of the impact of disenfranchisement on voting in two counties and two cities is incorporated. Discussion of current policy …
Table Of Contents
Richmond Journal of Law and the Public Interest
November 2008 - Articles, Comments and Notes
Letter From The Editor, Katie Wallmeyer Payne
Letter From The Editor, Katie Wallmeyer Payne
Richmond Journal of Law and the Public Interest
The Richmond Journal of Law and the Public Interest is delighted to present our annual fall issue. This issue focuses primarily on election law and the profound effect that it has on our daily lives. It is divided into three parts: two articles by independent authors, two comments by University of Richmond students, and one note selected from the Journal's summer writing competition.
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Richmond Journal of Law and the Public Interest
These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …
Letter From The Editor, Kaite Wallmeyer Payne
Letter From The Editor, Kaite Wallmeyer Payne
Richmond Journal of Law and the Public Interest
The Richmond Journal of Law and the Public Interest is pleased to present you with our annual winter issue. This issue is focused on health care-a topic that has long been at the forefront of political debate. By focusing on healthcare here, the Journal hopes to bring the topic to the forefront of the legal debate as well. The issue is divided into two parts: two independent articles and two student comments.