Law Commons^™

Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds

University of Richmond Law Review

Virginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Juvenile Justice, Valerie Slater

University of Richmond Law Review

This Article serves as a review of recent juvenile justice law and legislative trends in Virginia. This Article will review both codified changes and relevant proposed legislation that did not pass the Legislature to more fully identify trends in juvenile justice. While this Article does not capture every proposed or codified change to Virginia juvenile justice law, it does identify and present the most significant changes and trends over the last two legislative sessions to the laws governing the entrance of youth into the criminal legal system, the treatment of Virginia’s youth directly involved in the criminal legal system, and …

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth

University of Richmond Law Review

No abstract provided.

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This article examines the pertinent legislative and judicial developments of the past year that have effected juvenile law in Virginia. Specifically, this article discusses new laws and amendments passed by the Virginia General Assembly with respect to juvenile delinquency, non-criminal misbehavior, and termination of parental rights. Part IV discusses changes to Title 22.1 of the Virginia Code that affect school disciplinary matters. Part V examines developments in the area of juvenile mental health. Finally, Part VI discusses various miscellaneous developments affecting youth abortions, teenage driving, parental negligence in the tort context, and a significant amendment made to the Comprehensive Services …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes

University of Richmond Law Review

The Individuals with Disabilities Education Act ("IDEA")' was enacted in 1975 to ensure that all children with disabilities, like their nondisabled counterparts, have access to a free appropriate public education designed to meet their unique needs. This "appropriate education" mandate emphasizes the necessity of providing such children with special education and "related services," and federal funding is offered to state and local educational agencies to assist in implementing this objective.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year generally has been another quiet one for children's legal issues in Virginia, although it was a busier than normal year in the United States Supreme Court with the grandparents' visitation case, the Texas high school football game prayer case, a significant Title I case involving the provision of instructional material to religiously operated schools, and the gay Boy Scout leader case. Not as much occurred at the state level, with little legislation of great significance to children and youth being enacted at the 2000 General Assembly session. However, a succession of cases interpreting and applying Baker v. …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …

Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby

University of Richmond Law Review

The United States Supreme Court recently decided that a state may not, consistent with the Due Process and Equal Protection clauses of the Fourteenth Amendment, condition appeals from trial court decrees terminating parental rights on the affected parent's ability to pay record preparation fees. In M.L.B. v. S.L.J., the Supreme Court found that, just as a state may not block an indigent petty offender's access to an appeal afforded others, Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Compared with the intensive focus on juvenile justice issues in Virginia between 1994 and 1996, and the significant statutory changes generated by that focus, the past two years have been relatively serene, at least for juvenile law. Legislative activity about juvenile justice has been subdued, and few cases have interpreted the major legislative changes wrought during that three-year period, or their effects. The 1998 legislative session did result in the demise of the family court initially created five years earlier contingent on the provision of adequate funding for the court at some future session. The provision of funding for the …

The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson

University of Richmond Law Review

Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …

Austin Owen Lecture: Reassessment Should Not Lead To Wholesale Rejection Of The Juvenile Justice System, Lawrence L. Koontz Jr.

University of Richmond Law Review

While coming into the twenty-first century will be a new experience for all of us, we should be conscious of the intersections of the past, present, and future as we near the year 2000.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year has been exceptionally important for children and young people caught up in the legal system, both nationally and in Virginia. Beginning with the decision of the Supreme Court of the United States in Vernonia School District v. Acton in June of 1995, the ensuing year has seen major shifts in the administration of juvenile justice, and in Virginia's approach to abused and neglected children. The passage of major juvenile justice reform legislation and child abuse legislation in Virginia at the 1996 General Assembly session exemplifies these changes occurring in both the society's and the legal system's approaches …

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year has been another significant year for children and the legal system with the completion of the Virginia Commission on Youth's Serious Juvenile Offender study and the enactment of comprehensive legislation intended to implement the recommendations of that study as the General Assembly continues to focus on juvenile delinquency and school behaviors. The Governor and General Assembly failed to agree on a funding scheme for the Family Court, created in 1993, which consequently postponed the date for the Family Court's implementation from January 1, 1995 until July 1, 1996. Also, the past year experienced a series of different …