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Full-Text Articles in Law
The Nature Of The Judicial Process: A Complex Systems Analysis Of Checks & Balances & Separation Of Powers In The Present Political Context, Marvin L. Astrada
The Nature Of The Judicial Process: A Complex Systems Analysis Of Checks & Balances & Separation Of Powers In The Present Political Context, Marvin L. Astrada
Richmond Public Interest Law Review
Justice Cardozo’ s prescient inquiry in The Nature of the Judicial Process nearly a century ago merits revisiting and analysis in light of the present political climate. Under the new administration, the Executive Branch has characterized a judicial opinion from the U.S. District Court of Hawaii’ s as emanating from “an island in the Pacific,” suggested the 9th Circuit Court of Appeals should be fragmented, and subjected judges who disagree with the constitutionality of the administration’ s immigration policies to ridicule, vilification, or disparagement. When contemplating the nature of the judicial process, it is time to reassess the courts' systemic …
Letter From The Editor, Alexandra Ellmauer
Letter From The Editor, Alexandra Ellmauer
Richmond Public Interest Law Review
No abstract provided.
The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine
The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine
Richmond Public Interest Law Review
This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.’s untimely assassination in April 1968. It highlights some of King’ s most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King’ s famed Letter From Birmingham Jail—written during his April 1963 incarceration in Birmingham, Alabama, for deliberately refusing to follow what he morally deemed to be an “unjust law”—was predicated on the biblical foundation of civil disobedience exemplified in the famed story of Shadrack, Meshack, and Abednego, the …
Fostering Futures In Virginia: Why Is It Needed And What Does It Add To Existing Programs?, Karen E. Dottore
Fostering Futures In Virginia: Why Is It Needed And What Does It Add To Existing Programs?, Karen E. Dottore
Richmond Public Interest Law Review
This article addresses the large population of foster children over the age of 13 who have the same need for stable outcomes as younger foster children. Older foster children face a greater challenge in achieving a stable outcome because of their age. With this challenge comes a greater likelihood of homelessness and involvement in the criminal justice system. This article examines the various programs in Virginia designed to address the challenges faced by older foster children, and particularly, a new program called Fostering Futures, which provides greater support specifically to older foster children.
They Say Emotional Support Dog, We Say Service Dog: Why The Americans With Disabilities Act Should Recognize Emotional Support Dogs As Service Animals, Chelsea Hernandez-Silk
They Say Emotional Support Dog, We Say Service Dog: Why The Americans With Disabilities Act Should Recognize Emotional Support Dogs As Service Animals, Chelsea Hernandez-Silk
Richmond Public Interest Law Review
This article explores the laws surrounding emotional support animals. Specifically, the author analyzes the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act. This article proposes that emotional support animals should be recognized under federal legislation because they perform specific tasks. Further, the author contends that greater awareness of the benefits of emotional support animals will alleviate public health and safety concerns.
Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan
Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan
Richmond Public Interest Law Review
This comment focuses on the racial discrimination that currently exists in the process of plea-bargaining. The author suggests an approach aimed to mend the widespread racial discrimination. Particularly, the author details why mandatory implicit bias trainings for prosecutors would benefit defendants. Implicit bias trainings would benefit the criminal justice system as a whole because they would bring awareness to the issue and give prosecutors the knowledge they need to act justly in the plea-bargaining process.
Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny
Richmond Public Interest Law Review
This Prosecuting those accused of domestic violence presents an array of challenges for prosecutors. These crimes are frequently a he-said, she-said situation with minimal physical evidence. This puts a heavy weight on victim testimony in order to obtain a conviction. Unfortunately, many victims refuse to testify at the outset, agree to testify then change their minds, or do not show up for the court date. Without that testimony, prosecutors will often drop the charges against an accused, possibly putting the victim at risk of another episode of violence.
Justice Scalia opened the door to the possibility of a prosecutor being …
Letter From The Editor, Brandon Bowers
Letter From The Editor, Brandon Bowers
Richmond Public Interest Law Review
No abstract provided.
The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan
The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan
Richmond Public Interest Law Review
In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.
The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro
The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro
Richmond Public Interest Law Review
In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence …
Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan
Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan
Richmond Public Interest Law Review
Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U status is thus …
2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy
2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz
2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa
2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Keynote Address, Shahan Mufti
2017 Symposium Keynote Address, Shahan Mufti
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro
2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro
Richmond Public Interest Law Review
No abstract provided.