State and Local Government Law Commons^™

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, The Honorable Mark Obesnshain, The Honorable Jay Leftwich

Richmond Journal of Law and the Public Interest

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.

Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds

Richmond Journal of Law and the Public Interest

In April of 2015, the Virginia General Assembly returned to Richmond for its annual veto session, with the main focus on putting the finishing touches on ethics reform.1 After lengthy debate and a number of amendments, the omnibus ethics bill passed the House and the Senate unanimously. House and Senate Members from both political parties touted the accomplishment as a significant step forward, as did Governor McAuliffe who called the legislation a “victory for transparency and accountability.”

This Article will argue the cases of Delegate Phil Hamilton and former Governor Bob McDonnell provide a framework for analyzing whether the new …

Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire

Richmond Journal of Law and the Public Interest

In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …

The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen

Richmond Journal of Law and the Public Interest

In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …

Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West

Richmond Journal of Law and the Public Interest

This article consists of the following sections: Section one presents the content of the proposed amendment and explains the ways in which it is unclear, redundant, and otherwise poorly written. Section two addresses the issue of whether the provisions intended to protect religious expression, including prayer, are necessary and can solve the problems they are intended to solve. It also identifies the crucial challenge in cases involving religious expression - namely, determining correctly whether it is the government or a private individual or group that is expressing or promoting a religious belief or practice. This determination must be made because …

Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier

Richmond Journal of Law and the Public Interest

While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.

Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis

Richmond Journal of Law and the Public Interest

This year, six menhaden- related bills were introduced in the Virginia General Assembly. Delegate John Cosgrove (RChesapeake) introduced legislation in the House of Delegates that was identical to Senate Bill 765, a bill that proposed to shift oversight of the menhaden fishery to the VMRC. This article aims to highlight the unique stance taken by Virginia's legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia's legislators should recognize the …

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Richmond Journal of Law and the Public Interest

Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …

With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko

Richmond Journal of Law and the Public Interest

This comment will examine Virginia's statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly ses- sion. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the impor- tance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the oth- er two bills not only because …

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper

Richmond Journal of Law and the Public Interest

This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio

Richmond Journal of Law and the Public Interest

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Journal of Law and the Public Interest

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie

Richmond Journal of Law and the Public Interest

This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.