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Full-Text Articles in Law
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 …
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Law Faculty Publications
Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Woman's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Woman's Syndrome, Kendall Hamilton
Law Student Publications
This comment argues that in order for Virginia's criminal justice system to properly punish women who kill their abusers, effectively restoring their right to self-defend when necessary, Virginia must make two fundamental changes to its self-defense laws. First, Virginia's criminal justice system must advocate for the admission of expert testimony relating to battered woman's syndrome ("BWS"). This reform must be uniformly applied throughout our court system. Second, as Virginia's self-defense laws require both a reasonable fear and an overt act, the subjective standard for reasonable fear must also extend to the overt act requirement. This comment explains the significance of …