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Full-Text Articles in Law

"Screening" The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen Jan 2014

"Screening" The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen

Law Student Publications

On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance.1 Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits.2 Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is ...


A Strategy To Protect Virginians From Toxic Chemicals, Noah M. Sachs Jan 2014

A Strategy To Protect Virginians From Toxic Chemicals, Noah M. Sachs

Law Faculty Publications

This report is divided into two main parts. Part I of this report details the major sources of toxic chemical releases in Virginia. Part II then discusses our recommendations in more detail, outlining a series of reforms that would help the Commonwealth police and reduce the risks from toxic chemicals.


The Power Of Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez Jan 2014

The Power Of Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez

Law Student Publications

This comment addresses where Virginia's current scheme falls short and why equitable remedies are needed in Virginia minority shareholder oppression cases. Part I looks at how the MBCA attempted to solve the problem of minority shareholder oppression. Part II explores how other jurisdictions have interpreted or added to the MBCA so as to provide additional remedies in minority shareholder oppression cases. Finally, Part III advocates for adoption of a new dissolution statute in Virginia that includes equitable remedies for such cases.


Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey Jan 2014

Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey

Law Student Publications

This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of ...


A Recount Of The Recount: Obenshain V. Herring, Maggie Bowman Jan 2014

A Recount Of The Recount: Obenshain V. Herring, Maggie Bowman

Law Student Publications

Because of the infrequency of recounts and the lack of judicial institutional knowledge, a plain-English guide is needed to assist judges and attorneys involved in recounts. The purpose of this essay is to provide such a guide as a resource for future Virginia recounts. Part I outlines the process of a recount and discusses how a recount differs from an election contest. Part I also briefly discusses the history of election recounts in Virginia, highlighting the two most recent state-wide recounts, Deeds and Obenshain. Part II delves more deeply into the primary issues encountered by the three-judge panel in Obenshain ...


Virginia Practice Series: Criminal Offenses And Defenses, Ronald J. Bacigal Jan 2014

Virginia Practice Series: Criminal Offenses And Defenses, Ronald J. Bacigal

Law Faculty Publications

In this 2014-2015 edition, the statutory law is covered through the 2014 Session of the General Assembly. Decisions of the United States Supreme Court are included from the 2014-2015 term. Decisions of the U.S. Court of Appeals and the District Courts in Virginia are issued through August 1, 2014.