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Articles 1 - 30 of 205
Full-Text Articles in Law
Letter From The Editor, Courtney Squires
Letter From The Editor, Courtney Squires
Richmond Public Interest Law Review
No abstract provided.
Letter From The Symposium Editors, Nicole Evans, Erin Sweet
Letter From The Symposium Editors, Nicole Evans, Erin Sweet
Richmond Public Interest Law Review
No abstract provided.
From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott
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, Patricia A. Popp, Martha Crockett
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, Clifford Clapp
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, Madison Neale
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, Cassie A. Powell
“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, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh
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 …
Building A Recovery Ecosystem For The Catawba Region, Mary Beth Dunkenberger, David Moore, Lara Nagle, Sam Rasoul
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 …
Letter From The Editor, Courtney Squires
Letter From The Editor, Courtney Squires
Richmond Public Interest Law Review
No abstract provided.
Woulda, Coulda, Shoulda: How Virginia’S Everchanging Politics Creates (Missed) Opportunities For Major Policy Decisions, Carlos Hopkins, Abigail Thompson
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, …
Family Time: A Selection Of Bills From The Virginia 2023 Legislative Session Relating To Family, Intimate Partner Violence, And Child Welfare, Valerie L'Herrou
Family Time: A Selection Of Bills From The Virginia 2023 Legislative Session Relating To Family, Intimate Partner Violence, And Child Welfare, Valerie L'Herrou
Richmond Public Interest Law Review
In 2023, the Commonwealth of Virginia was forced to operate without a
finalized state budget following the adjournment of the regular session of its
legislative body. The Commonwealth waited (luckily without bated breath)
for its “caboose” budget for the 2023–2024 budget cycle for nearly six
months after the General Assembly adjourned sine die, which it did on its
normal date for a “short” (odd-numbered) year on February 25, 2023.
However, most other actions taken by the Virginia General Assembly during
its 2023 session did go into effect on July 1, 2023, as usual. These include a
number of bills that …
The Success Of Establishing Legislative Commissions To Address Complex And Critical Needs: Examining The Early Recommendations And Outcomes Of The Commission On School Construction And Modernization, Matthew P. Stanley
Richmond Public Interest Law Review
The 2020 creation of the Virginia Commission on School Construction and
Modernization proved to be a pivotal moment in addressing the longstanding
issue of school construction and modernization in the state. With
$1.25 billion in new resources allocated for school divisions in 2022,
including an increased Literary Fund and a flexible formula-based grant,
legislators took decisive action to support school infrastructure. The creation
of the School Construction Fund and School Construction Assistance
Program, with ongoing funding provided through taxes on casino revenues,
marked a significant step forward in providing ongoing resources for school
projects.
Despite several successful legislative outcomes, some …
The Way Forward: A Review Of Virginia’S 2023 Regular General Assembly Session, Benjamin Raab, Mariam Rasooli
The Way Forward: A Review Of Virginia’S 2023 Regular General Assembly Session, Benjamin Raab, Mariam Rasooli
Richmond Public Interest Law Review
The 2023 General Assembly Session can best be defined by the success of
bipartisanship. In an era of heightened polarization, Virginia legislators
were able to meet across the aisle on a number of relevant issues. This article
will provide a summary of key bills that were passed during the 2023 Regular
and Special Sessions. The other articles within this issue touch upon the
following topics: the Virginia Commission on School Construction and
Modernization, family law, and the opioid and addiction crises. This article
summarizes legislation passed with bipartisan support in the areas of: drugs,
mental healthcare, labor and commerce, public …
A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist
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 …
Dobbs In The Context Of Intimate Partner Violence: The Case For A Virginia Constitutional Amendment Protecting Reproductive Choice, Courtenay Schwartz, Caitlin Bradley, Jonathan Yglesias
Dobbs In The Context Of Intimate Partner Violence: The Case For A Virginia Constitutional Amendment Protecting Reproductive Choice, Courtenay Schwartz, Caitlin Bradley, Jonathan Yglesias
Richmond Public Interest Law Review
Advocates for victims of sexual and domestic violence have long
understood the critical role that reproductive freedom plays in ensuring
victim safety in the aftermath of trauma. Lawmakers, on the other hand, have
used victims of domestic and sexual violence as political footballs, oftentimes
supporting “exceptions” to abortion bans, such as for rape and incest, as a
means of distracting from the actual harms these restrictions cause. These
exceptions fail to meet the needs of victims and are inadequate protections
against the many forms of abuse, such as reproductive coercion and control,
that victims in abusive relationships face. This article …
Benefits And Drawbacks Of No-Drop Policies And Evidence-Based Prosecution, Nancy Simpson
Benefits And Drawbacks Of No-Drop Policies And Evidence-Based Prosecution, Nancy Simpson
Richmond Public Interest Law Review
In order to combat the massive threat that domestic violence poses to pub-
lic safety, prosecutors’ offices across America have enacted no-drop policies
requiring prosecutors to seek a guilty verdict on all domestic violence cases.
However, for many and varied reasons, victims of domestic violence are often
hesitant to testify against their abusers in court proceedings. Evidence-based
prosecution, sometimes called victimless prosecution, has become the goal
for many prosecutors seeking to hold abusers accountable when the victim
does not want to testify. However, there can be practical barriers to success-
ful evidence-based prosecutions, which, when combined with strict no-drop
policies, …
Individual Funding: A Policy Solution To Family Abuse In Rural Areas Impacted By The Covid-19 Pandemic, Jessica King
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 …
Letter From The Editor, Carley Ruival
Letter From The Editor, Carley Ruival
Richmond Public Interest Law Review
No abstract provided.
Python Patrol: Combatting The Problem Of Evasive Non-Native Snakes In Florida, Jessica Rooke
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 …
Redefining Youth: The Case For Applying The Principles Of Miller V. Alabama To Criminal Cases Involving Adults In Late Adolescence, Salua Kamerow
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 …
Letter From The Editor, Carley Ruival
Letter From The Editor, Carley Ruival
Richmond Public Interest Law Review
No abstract provided.
Eviction Crisis Not Averted: Challenging Disparate Impact In The Search For Housing Stability During The Virginia Rent Relief Program's Epilogue, Olivia Seksinsky, Madelyn Bellew
Eviction Crisis Not Averted: Challenging Disparate Impact In The Search For Housing Stability During The Virginia Rent Relief Program's Epilogue, Olivia Seksinsky, Madelyn Bellew
Richmond Public Interest Law Review
Historically, the Commonwealth of Virginia has experienced some of the highest eviction rates in the county, containing five of the top ten U.S. cities with the highest eviction rates. After experiencing scrutiny in the national news due to these rates, the Commonwealth enacted legislation which provided increased tenant protections and distributed the highest percentage of rental assistance funds in the country. It was once thought that the Virginia Rent Relief Program (“RRP”) could be the solution to the eviction crisis, but now that the Program has ended, Virginia is once again experiencing an eviction crisis. Though thousands of households received …
The Proper Role Of Judicial Opportunism In Constitutional Rights Scrutiny, R. George Wright
The Proper Role Of Judicial Opportunism In Constitutional Rights Scrutiny, R. George Wright
Richmond Public Interest Law Review
To one degree or another, judges in constitutional rights cases may exploit their available range of discretion in a narrowly political, ideologically rigid, or partisan way. But there are also important contexts in which a court’s ample discretion under tiered scrutiny and related tests can be turned toward some more nearly consensual or reasonably well-established basic public good. These opportunities to judicially promote the public good remain available even in our age of political polarization, hostility, fragmentation, and distrust.
Where such important opportunities exist, and where it is otherwise constitutionally permissible and generally prudent to do so, courts should feel …
State-Sanctioned Displacement: An Interstate Examination Of Felon Disenfranchisement, Claudia Leonor
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 …