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Articles 1 - 30 of 42
Full-Text Articles in Law
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey
University of Richmond Law Review
The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …
Rural Bashing, Kaceylee Klein, Lisa R. Pruitt
Rural Bashing, Kaceylee Klein, Lisa R. Pruitt
University of Richmond Law Review
Anti-rural sentiment is expressed in the United States in three major threads. The first is a narrative about the political structure of our representative democracy—an assertion that rural people are over-represented thanks to the structural features of the U.S. Senate and the Electoral College. Because rural residents are less than a fifth of the U.S. population, complaints about this situation are often framed as “minority rule.”
The second thread is related to the first: rural people and their communities get more than their fair share from federal government coffers. The argument, often expressed in terms of “subsidies,” is that rural …
Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James
Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James
University of Richmond Law Review
Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the …
Transitional Equality, Suzanne A. Kim
Transitional Equality, Suzanne A. Kim
University of Richmond Law Review
Legal discussions of inequality often focus on the virtues of one legal status or regulatory structure over another, but a guarantee of the right to a particular legal status does not ensure a lived experience of equality in that status. In moments of legal change, when a person or class of persons obtain a new status or gain rights that had previously been denied to them, the path from one legal status to another becomes critically important and may itself be impacted by race, gender, age, and other factors. The process of transitioning to a new status can be complex …
The First Amendment And The Great College Yearbook Reckoning, Maryann Grover
The First Amendment And The Great College Yearbook Reckoning, Maryann Grover
University of Richmond Law Review
I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses. In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how …
Race, Speech, And Sports, Matthew J. Parlow
Race, Speech, And Sports, Matthew J. Parlow
University of Richmond Law Review
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
University of Richmond Law Review
This comment explores ways in which racial bias undermines
the American jury system and argues that simply having a racial
bias exception to the no-impeachment rule does not go far enough
to guard against racially motivated jury verdicts. In order to
guarantee the Sixth Amendment right to an impartial jury, defendants
must always be able to question potential jurors about
racial bias, and universal court policies need to be adopted across
the country that allow for a consistent approach for investigating
claims of racial bias in jury deliberations. Part I of this comment
examines the history of American juries and …
Separate But (Un)Equal: Why Institutionalized Anti-Racism Is The Answer To The Never-Ending Cycle Of Plessy V. Ferguson, Maureen Johnson
Separate But (Un)Equal: Why Institutionalized Anti-Racism Is The Answer To The Never-Ending Cycle Of Plessy V. Ferguson, Maureen Johnson
University of Richmond Law Review
No abstract provided.
Race And The Law, Cassandra Conover
Race And The Law, Cassandra Conover
University of Richmond Law Review
No abstract provided.
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
University of Richmond Law Review
No abstract provided.
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
University of Richmond Law Review
No abstract provided.
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
University of Richmond Law Review
No abstract provided.
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
University of Richmond Law Review
The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …
A New Proposal To Address Local Voting Discrimination, Cody Gray
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
University of Richmond Law Review
No abstract provided.
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
University of Richmond Law Review
No abstract provided.
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
University of Richmond Law Review
No abstract provided.
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
University of Richmond Law Review
No abstract provided.
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
University of Richmond Law Review
This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers.Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immi-grant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations govern-ing U nonimmigrant visas for certain crime victims. Several of the enumerated eligible crimes in the U …
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Social Justice And The Law, Elaine R. Jones
Social Justice And The Law, Elaine R. Jones
University of Richmond Law Review
No abstract provided.
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
University of Richmond Law Review
No abstract provided.
Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy, Michael J. Kaufman
Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy, Michael J. Kaufman
University of Richmond Law Review
No abstract provided.
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
University of Richmond Law Review
No abstract provided.
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
University of Richmond Law Review
No abstract provided.
Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei
Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei
University of Richmond Law Review
No abstract provided.