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Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson Jan 2009

Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson

Richmond Public Interest Law Review

This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …


Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand Jan 2009

Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand

Richmond Public Interest Law Review

This comment examines the historically uncertain balance between an individual's right to freely exercise his religious beliefs and the state's countervailing interest to protect the welfare of its youngest and most vulnerable citizens. By detailing the history of this fragile relationship through its statutory and judicial renderings, this comment will illustrate that spiritual exemptions to child protection statutes violate the Establishment Clause of the First Amendment, as well as the Equal Protection Clause of the Fourteenth Amendment, and conflict directly with multiple landmark Supreme Court decisions.


Til Proposition 8 Do Us Part: The Rise And Fall Of Same-Sex Marriage In California, Addie V. Kies Jan 2009

Til Proposition 8 Do Us Part: The Rise And Fall Of Same-Sex Marriage In California, Addie V. Kies

Richmond Public Interest Law Review

This Note examines the California Supreme Court's decision in In re Marriage Cases, which legalized same-sex marriage in the state. Part II traces the history of same-sex marriage legislation in California, including the impact of Proposition 22. Part III summarizes the procedural background of In re Marriage Cases and analyzes the court's opinion. Part IV discusses Proposition 8's role in reversing In re Marriage Cases and explains the lawsuits pending against it. Part V suggests an alternative compromise to the same-sex marriage debate.


Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty Jan 2009

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Public Interest Law Review

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.


Foreword, Chelsea Dunn Jan 2009

Foreword, Chelsea Dunn

Richmond Public Interest Law Review

It is with great pride that the Editors and Staff of the Richmond Journal of Law and the Public Interest present the second annual issue of The General Assembly in Review. This publication is designed to give interested community members an annual overview of Virginia's legislative session by highlighting notable legislation filed in the session and providing analysis on relevant public policy issues.


Changing Tides: A Lesser Expectation Of Privacy In A Post 9/11 World, Derek M. Alphran Jan 2009

Changing Tides: A Lesser Expectation Of Privacy In A Post 9/11 World, Derek M. Alphran

Richmond Public Interest Law Review

In sum, the Court has in recent years balanced the degree of government intrusion of the individual or place searched against the government's need for the search. This article addresses some of the questions posed by the evolution of the Fourth Amendment doctrine in light of terrorist concerns since 9/11. Part II will address the history of Fourth Amendment jurisprudence, from the Boyd Era of property protection and the use of general warrants to discover evidence of crime, to Olmstead and the development of the right of privacy under the Fourth Amendment. Part III will address the modern test under …