Prefatory Matter, 2024 University of Richmond
Letter From The Editor, 2024 University of Richmond
Letter From The Editor, Courtney Squires
Richmond Public Interest Law Review
No abstract provided.
Letter From The Symposium Editors, 2024 University of Richmond
Letter From The Symposium Editors, Nicole Evans, Erin Sweet
Richmond Public Interest Law Review
No abstract provided.
Symposium Transcript, 2024 University of Richmond
From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, 2024 University of Richmond
From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott
Richmond Public Interest Law Review
Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn exponentially increases the likelihood of adult incarceration. Moreover, students with disabilities, especially students of color with learning disabilities, are often physically pushed out of their classrooms through suspensions and other harsh disciplinary policies. This is only made worse by the presence of law enforcement in schools, who treat …
Navigating The Intersection Of Mckinney-Vento And Idea, 2024 University of Richmond
Navigating The Intersection Of Mckinney-Vento And Idea, Patricia A. Popp, Martha Crockett
Richmond Public Interest Law Review
Students with disabilities who are also experiencing homelessness face compounded challenges related to attending and participating in school. These children and youth are provided educational protection through two federal laws: the 2004 “Individuals with Disabilities Education Act” (IDEA) and the McKinney-Vento (MV) Education of Homeless Children and Youth (EHCY) program. It is the responsibility of educators, school personnel, and families to carefully navigate the dual mandates in order to ensure equitable educational opportunities, while also meeting the unique needs of each student. The purpose of this article is to offer a foundation for understanding the intersection of the two laws …
504 Plans, School Gender Policy, And Gender Dysphoria: How The Case Of Kesha T. Williams May Change Education Policy, 2024 University of Richmond
504 Plans, School Gender Policy, And Gender Dysphoria: How The Case Of Kesha T. Williams May Change Education Policy, Clifford Clapp
Richmond Public Interest Law Review
Gender dysphoria affects transgender people at significantly higher rates than other populations. In the United States Court of Appeals for the Fourth Circuit case of Kesha T. Williams v. Stacey A. Kincaid, et al., 45 F.4th 759 (4th Cir. 2022), the Court found that the Fairfax County Sheriff’s Office, in denying Ms. Williams’ hormone replacement therapy for her gender dysphoria, had violated her right to equal treatment under the Americans with Disabilities Act (ADA). The Court generally found that, despite the ADA being written with animus toward transgender people, even under that language, gender dysphoria was not excluded from protection …
Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, 2024 University of Richmond
Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale
Richmond Public Interest Law Review
The following article is an exploration of the intersection between special education—namely, the long-repudiated practice of removing children with moderate disabilities from general education classrooms and placing them into “self-contained” classrooms away from their peers—and the involvement of those children in the criminal legal system. The article analyzes the parallels between the “othering” effect of segregating children with disabilities in schools, and the eventual segregation from their communities that they face in juvenile detention facilities. In a juvenile justice system where a disproportionate number of its children have been diagnosed with some form of intellectual or behavioral disability, this article …
“Every Child Needs A Champion”: Foster Children With Disabilities And The Appointment Of Surrogate Parents Under Idea, 2024 University of Richmond
“Every Child Needs A Champion”: Foster Children With Disabilities And The Appointment Of Surrogate Parents Under Idea, Cassie A. Powell
Richmond Public Interest Law Review
When a parent is absent, children in foster care who receive special education services are entitled to the appointment of a surrogate parent. This appointment is especially necessary due to the importance of the parent’s role in special education law and the often enhanced educational needs of children in foster care. However, the logistics of how surrogate parents are appointed and trained vary widely across the country. This article examines the legal landscape of the appointment of surrogate parents for children in foster care who receive special education services both nationally and in Virginia. This article also reviews the training …
The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, 2024 University of Richmond
The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh
Richmond Public Interest Law Review
The authors were honored to participate in a panel on “Understanding the IEP” at the Richmond Public Interest Law Review’s Symposium on October 27, 2023. The recommendations and strategies in this article are rooted in decades of combined experience and anecdotal observations from two special education attorneys and three special education advocates who serve Virginia’s children and families and help to develop appropriate Individualized Education Programs (“IEPs”) pursuant to the Individuals with Disabilities Education Act (“IDEA”). Recent criticism of Virginia’s system of special education and related services by state and federal agencies has laid bare deep-seated inconsistencies in how schools …
The Invisibility Of The American Emigrant, 2024 DePaul University
The Invisibility Of The American Emigrant, Laura Snyder
DePaul Journal for Social Justice
No abstract provided.
"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, 2024 University of Akron, School of Law
"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
DePaul Journal for Social Justice
No abstract provided.
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, 2024 United States Air Force Academy
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
DePaul Journal for Social Justice
No abstract provided.
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, 2024 DePaul University
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
DePaul Journal for Social Justice
No abstract provided.
Letter To Our Readers, 2024 DePaul University, College of Law
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, 2024 DePaul University, College of Law
Table Of Contents, Mecca Wilkinson
DePaul Journal for Social Justice
No abstract provided.
Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), 2024 University of Cincinnati College of Law
Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk
University of Cincinnati Law Review
Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted, including in the U.S. Model Penal Code, for instance, uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This approach, which is mirrored in U.S. state and federal laws and academic discourse, not only affects individual cases but also has far-reaching societal implications.
Under this prevailing perpetrator-centric approach, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator …
Scholarship As Fun, 2024 King's College London, Dickson Poon School of Law
Scholarship As Fun, Thomas Schultz
Dalhousie Law Journal
One theme that traverses much of Pierre Schlag’s work is a sense of profound humanity—the idea that thinking and writing about the law can and should be a deeply, genuinely human activity—an activity for which we can, and should, break up many of the barriers that stand between us, between who we really are, and what we think and write. It is an activity for which we should put aside our pretences and insecurities and the attached formalisms and exaggerations behind which we so often hide, and which in the end constrain our humanity so much, as they take on …
"Money That Flows In The Shadows": Citizens United, Dark Money, And The Need For Rhetorical Competence, 2024 James Madison University
"Money That Flows In The Shadows": Citizens United, Dark Money, And The Need For Rhetorical Competence, Kristy Kocot
James Madison Undergraduate Research Journal (JMURJ)
The 2010 United States Supreme Court decision, Citizens United v. FEC, has the potential to present a significant threat to American democracy. The landmark decision removed limits on corporate contributions, allowing disproportionate dark money influence from corporations in American political campaigns. This paper explores the ethical dilemmas of the Citizens United decision, drawing from peer-reviewed scholarly journals, legal documents, and advocacy organizations to highlight the negative impact that dark money has on American politics. Citizens United and its aftermath demonstrate the necessity for rhetorical competence in a democracy with broad protections for individual and corporate speech. The paper argues …
Climate Zoning, 2024 Vanderbilt Law School
Climate Zoning, Christopher Serkin
Notre Dame Law Review
As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …