Digital Commons Network^™

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 …

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 …

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 …

“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 …

Conceptions Of Heroic Leadership In Civil Society, Theresa A. Thorkildsen

Heroism Science

While nations face multiple disruptions to civil society, individuals in late adolescence and early adulthood are overlooked for heroic leadership opportunities in some cultures. An underestimation of individuals’ abilities is sometimes fostered by biological definitions of human development that align competence with physical changes in the brain (Blakemore, 2012). Prolonged exposure to such disregard can encourage individuals to restrict the information they notice, fostering distortion in the intentions that support leadership readiness (Pratkanis, 2007). Studies of individuals’ conceptions of how the world operates can improve leadership readiness if such evidence is used to verify that individuals notice essential information. Using …

A General Model Of Good Executive Leadership In Policy Contexts, Thad Williamson

Interdisciplinary Journal of Leadership Studies

This commentary stipulates a general model of policy leadership, encompassing decision-making, implementation, and evaluation. The model stresses attaining clarity about the nature of the issue being addressed, the values at stake, and the possible outcomes of alternative courses of action. While focused on the context of elected executives in municipal government, the stipulated model has broader applicability to other contexts. The article contends that following the model may both improve the effectiveness of political leaders and help build consensus (or compromise) among distinct political actors.

Reacting To The Past As Education For Leadership, Javier S. Hidalgo

Interdisciplinary Journal of Leadership Studies

How can courses on leadership effectively cultivate students’ leadership skills? This reflective essay explores how one form of role-playing called Reacting to the Past can promote students’ leadership skills and deepen their understanding of leadership. Reacting to the Past is a series of immersive role-playing simulations that are set at key moments in history and that require students to play the part of historical actors over the course of several weeks. I argue that Reacting to the Past encourages students to practice leadership skills in an authentic context, improves students’ understanding of leadership by allowing them to observe and participate …

Writing Centers & The Dark Warehouse University: Generative Ai, Three Human Advantages, Joe Essid

Interdisciplinary Journal of Leadership Studies

Institutions are scrambling, at an unaccustomed pace, to adapt to generative artificial intelligence. While justified concerns focus on plagiarism, the nature of student learning, and changes to assignments, recent scholarship has largely ignored the potential for faculty and staff unemployment that may accompany acceptance and deployment of the new technology. As we ponder seismic changes in higher education, one voice should join, indeed lead, campus discussions. Writing center professionals have proven adept at weathering technological changes, budget cuts, administrative big ideas, and professional marginalization for more than half a century. Early on, centers were sometimes dismissed as mere “fix-it shops” …

College Students’ Loneliness, Feelings About Social Media, And Depressive Symptoms During Covid-19: Between And Within-Person Temporal Associations, Karen Kochel, Catherine L. Bagwell, Samara Rosen

Interdisciplinary Journal of Leadership Studies

During COVID-19, many institutions of higher education implemented health protocols that reduced college students’ in-person interactions and prompted an uptick in their social media use. Although social media has often been implicated in the development of psychosocial difficulties, we tested an alternate hypothesis – that, during the pandemic, students’ feelings about social media for interpersonal connection (i.e., FSMIC), would contribute to reductions in loneliness and depressive symptoms. To investigate temporal associations between loneliness, FSMIC, and depression, we estimated random-intercept cross-lagged panel models (RI-CLPM), permitting the disaggregation of between- and within-person effects. Participants (N = 517 undergraduates, M_age = …

Building A Recovery Ecosystem For The Catawba Region, Mary Beth Dunkenberger, David Moore, Lara Nagle, Sam Rasoul

Richmond Public Interest Law Review

The opioid and addiction crisis has become a defining characteristic of

21st century America, profoundly affecting the Commonwealth of Virginia in

terms of lives lost, families devastated, communities compromised, and

economic and opportunity costs at multiple levels. This scenario originated

with a rapid increase in opioid prescriptions issued to patients by health care

providers for various pain diagnoses during the 1990s and into the early

2000s. Despite early warnings that the new opioid formulations were far

more addictive than indicated by faulty research trials and marketing claims,

treating pain as the “fifth vital sign” became a widespread practice as a …

Woulda, Coulda, Shoulda: How Virginia’S Everchanging Politics Creates (Missed) Opportunities For Major Policy Decisions, Carlos Hopkins, Abigail Thompson

Richmond Public Interest Law Review

Benjamin Franklin may have been discussing the new United States

Constitution when he penned this note to his friend, French scientist Jean-

Baptiste Le Roy, but he could easily have been referring to politics in

Virginia. Virginia House of Delegates members and members of the

Congressional House of Representatives serve two-year terms. Members of

the Virginia Senate serve four-year terms. United States Senators serve sixyear

terms. And the Governor, Lieutenant Governor and Attorney General

all serve four-year terms with only the Governor constitutionally limited to a

single four-year term. With all of these terms being staggered across the

various offices, …

The Current State Of Abortion Law In Virginia Leaves Victims Of Domestic And Sexual Violence Vulnerable To Abuse: Why Virginia Should Codify The Right To Abortion In The State Constitution†, Courtenay Schwartz

University of Richmond Law Review

All people must have access to safe and legal reproductive health care—especially victims of sexual and domestic violence who can and do become pregnant because of the violence they experience. This year, the United States Supreme Court overturned Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in Dobbs v. Jackson Women’s Health Organization. In doing so, the Supreme Court held that the Constitution does not protect the right to an abortion. Though abortion access is currently protected in Virginia, this could change with each new General Assembly session. To guard against the danger that this poses to …

Taxing The New With The Old: Capturing The Value Of Data With The Corporate Income Tax In Virginia, Coleman H. Cheeley

University of Richmond Law Review

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due …

Criminal Law And Procedure, Lauren E. Brice, Michelle C. F. Derrico

University of Richmond Law Review

It has been another busy year in the General Assembly and in the appellate courts of Virginia, especially with the recently expanded Court of Appeals. Areas in which the General Assembly made significant changes are now filtering to the appellate courts for interpretation. There have been a number of significant opinions in retroactivity of statutes, probation violations, and mental health.

The Flying Ace As A Hero: An Analysis Of The Representations Of Douglas Bader And Erich Hartmann, Arash Heydarian Pashakhanlou

Heroism Science

This study develops a four-factor framework (4F model) based on fear, suffering, values, and characteristics for analyzing depictions of physical-risk martial heroism. Specifically, this framework is applied to assess representations of two World War II flying aces, the Royal Air Force pilot Douglas Bader and his German contemporary from the Luftwaffe, Erich Hartmann. On investigation, it is revealed that Bader and Hartmann are either described as fearless or capable of continuing their heroic journey despite their fears. Moreover, the literature contends that both these pilots experienced immense suffering but eventually overcame them. Regarding values, Bader is portrayed as a conservative …

Pressures To Comply Or Defy: How Social Values Influence Perceptions Of Healthcare Workers As Villains, James K. Beggan, Scott T. Allison

Heroism Science

During the Covid-19 pandemic, politicians, the media, and the public labeled frontline workers as heroes. The goal of this article is to examine how certain aspects of the Covid-19 pandemic—such as the nature of the Covid-19 virus, coupled with insufficient governmental and institutional responses—created a situation where it became possible for people to characterize healthcare workers as villains. This approach to medical professionals is rather novel in heroism studies and social sciences. A qualitative review of available data sources provided evidence that frontline healthcare workers were perceived negatively. Experiencing a lack of cooperation from patients and their families, healthcare personnel …

The Nil Glass Ceiling, Tan Boston

University of Richmond Law Review

Name, image, and likeness (“NIL”) produced nearly $1 billion in earnings for intercollegiate athletes in its inaugural year. Analysts argue that the shockingly high totals result from disproportionate
institutional support for revenue-generating sports.

Although NIL earnings have soared upwards of eight figures to date, first-year data reveals that significant gender disparities exist. Such disparities raise Title IX concerns, which this Article illustrates using a hypothetical university and NIL collective. As such, this Article reveals how schools can facilitate gender discrimination through NIL collectives, contrary to Title IX. Although plainly applicable to NIL transactions in which schools are involved, Title IX’s …

A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist

Richmond Public Interest Law Review

Domestic violence (“DV”) disproportionately affects Black and Brown
women. This article examines the tense history of law enforcement
engagement with minority groups, which has caused a strain on that
relationship, leaving minority groups more likely to choose to stay in their
DV situations than seek out law enforcement help. The divide still impacts
these groups today. Additionally, the article highlights several organizations
that have formed to address the needs of minority individuals. Other
organizations have been around, but their ties to law enforcement create an
added barrier for Black and Brown women seeking protection. The article
concludes by briefly examining …

Individual Funding: A Policy Solution To Family Abuse In Rural Areas Impacted By The Covid-19 Pandemic, Jessica King

Richmond Public Interest Law Review

Intimate partner violence is an issue in the United States experienced by
more than one in three women. This article addresses the topic of intimate
partner violence and the factors contributing to the perpetuation of abuse. It
focuses on how these factors manifest in rural areas and in the context of the
COVID-19 pandemic, which increased isolation and economic abuse. This
article explores policies currently used to combat intimate partner violence
in these contexts. The current acts, including the Victims of Crime Act
(VOCA), the Family Violence Prevention and Services Act (FVPSA), and the
Violence Against Women Act (VAWA), expressly …

The Hero’S Journey As A Novel, Narrative, And Improvisational Group Intervention On Quality Of Life For People With Parkinson’S Disease, Robert D. Cochrane, James W. Navalta, Anne E. Weisman

Heroism Science

Parkinson’s disease (PD) is one of the fastest-growing neurological diseases in the world. Pharmaceutical and surgical interventions continue to advance to better address motor symptoms. However, disability from non-motor symptoms, such as depression, anxiety, and stress persist. Expressive therapies, including art, music, and dance are being explored and implemented more frequently to address this growing need. We developed this study to examine the feasibility of a novel program using online narrative therapy, with constructs from Joseph Campbell’s Hero’s Journey, and improvisation for people with PD (PWPD). Participants from across the U.S. and U.K. met online via Zoom once a week …

Rural America As A Commons, Ann M. Eisenberg

University of Richmond Law Review

With many ready to dismiss non-urban life as a relic of history, rural America’s place in the future is in question. The rural role in the American past is understandably more apparent. As the story of urbanization goes in the United States and elsewhere, the majority of the population used to live in rural places, including small towns and sparsely populated counties. A substantial proportion of those people worked in agriculture, manufacturing, or extractive industries. But trends associated with modernity—mechanization, automation, globalization, and environmental conservation, for instance—have reduced the perceived need for a rural workforce. Roughly since the industrial revolution …

With A Wink And A Nod: How Politicians, Regulators, And Corrupt Coal Companies Exploited Appalachia, Patrick C. Mcginley

University of Richmond Law Review

Environmental regulators treated America’s leading coal companies like Wall Street’s mismanaged banks leading to the “Great Recession”—big coal companies that produced millions of tons of coal were simply too big to fail. With a wink and a nod, federal and state regulators ignored a core provision of federal law that was intended to prevent coal companies from continuing their past practices of plundering Appalachia’s mineral wealth while ravaging her environment.

This Article examines how the coal industry successfully evaded compliance with that law. The consequences of this evasion include mass bankruptcies, thousands of acres of mined land laying unclaimed, …

Redefining Youth: The Case For Applying The Principles Of Miller V. Alabama To Criminal Cases Involving Adults In Late Adolescence, Salua Kamerow

Richmond Public Interest Law Review

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults.

Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the …

State-Sanctioned Displacement: An Interstate Examination Of Felon Disenfranchisement, Claudia Leonor

Richmond Public Interest Law Review

In his dissent of New State Ice Co. v. Liebmann, Justice Louis Brandeis referred to the constituent states of the country as “laboratories for democracy.” He noted that, as sovereign entities within the United States, states are empowered to “try novel social and economic experiments without risk to the rest of the country.” In postbellum American society, states have grappled with Reconstruction and the concomitant dismantlement of a caste system hinging on racism. In convening constitutional assemblies, the states experimented with racism and succeeded. In Southern jurisdictions, racial animus enabled the creation of constitutional frameworks and legislation that would have …

Python Patrol: Combatting The Problem Of Evasive Non-Native Snakes In Florida, Jessica Rooke

Richmond Public Interest Law Review

The Florida hotspot of non-native invasive species has long been recognized as a fascinating, yet perplexing environmental issue since the late 1900s. After decades of patchwork efforts by the federal and state government, it has become clear that a more holistic approach must be taken to help eradicate the Burmese Pythons that have overtaken Southern Florida. This article highlights the prior efforts taken federally and state-wide to combat this issue and assesses the current gaps in these efforts and what must be done to achieve a more holistic approach. Other states are used as points of comparison in regard to …

Resolving Regulatory Threats To Tenure, Joseph W. Yockey

University of Richmond Law Review

Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress.

This Article examines the growing anti-tenure sentiment among state officials and …

Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel

University of Richmond Law Review

Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.

To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …

Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett

University of Richmond Law Review

Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

2021 Redistricting In Virginia: Evaluating The Effectiveness Of Reforms, Alex Keena

Richmond Public Interest Law Review

The redistricting cycle that followed the 2020 census provided the first test of Virginia’s redistricting reforms that were enacted when voters approved the constitutional amendment in the 2020 General Election. The centerpiece of these reforms is the bipartisan Virginia Redistricting Commission, comprised of eight citizen and eight legislator members. This article details how the 2021 redistricting occurred under the new reforms, and it evaluates the maps that were ultimately approved.

While the selection of the commissioners unfolded successfully and in accordance with the law, the work of the commission was mired by partisan fighting and dysfunction. Nevertheless, a statistical analysis …