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Full-Text Articles in Law
General Assembly In Review 2019
General Assembly In Review 2019
Richmond Public Interest Law Review
No abstract provided.
Letter From The Editor, Maryann Grover
Letter From The Editor, Maryann Grover
Richmond Public Interest Law Review
No abstract provided.
Intersecting Trends In Abortion And Capital Punishment Policy, Erica Rebussini
Intersecting Trends In Abortion And Capital Punishment Policy, Erica Rebussini
Richmond Public Interest Law Review
A recent bill in Ohio brought to the forefront of the nation’s consciousness the intersection of abortion and capital punishment. The bill sought to redefine “person” to include “unborn humans,” therefore making the termination of a pregnancy the intentional killing of another person. Further, because one of Ohio’s aggravating circumstances for the imposition of capital punishment is child homicide, those who choose to have an abortion would be subject to the possibility of capital punishment. While the bill died in committee, it provides a unique lens through which to examine the intersection of the debate over abortion restrictions and capital …
Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism
Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism
Richmond Public Interest Law Review
In Virginia, there are three ways that a juvenile can be sent to the adult criminal justice system: discretionary waiver, certification (direct file), and mandatory waiver through transfer and certification, but they are no ways to be sent back to the juvenile criminal justice system if that would be more appropriate. Once a juvenile enters the adult criminal justice system, they are subject to more significant sentences and collateral consequences. This increased punishment is counterproductive because, as the Supreme Court recognized in Roper, Graham, and Miller, juveniles are less culpable for the crimes they commit and more likely to be …
Disruptive Leadership In Legal Education, Nicholas A. Mirkay, Palma Joy Strand
Disruptive Leadership In Legal Education, Nicholas A. Mirkay, Palma Joy Strand
Richmond Public Interest Law Review
Legal education and the legal profession are ripe for disruption. The crisis in legal education reflects an increasing mismatch between the limited services that the law and lawyers provide and the vast and acute societal need for legal services. The structure of academia generally and legal academia in particular, however, serves as an obstacle to the disruptive leadership that can initiate necessary adaptation. Here, we discuss our own experience with disruptive leadership and the backlash we received, as well as the risks of failing to embrace disruptive leadership in legal education going forward. “The act of leadership is not always …
Applying The Principle Of Proportionality To The War On Terror, Waseem Ahmad Qureshi
Applying The Principle Of Proportionality To The War On Terror, Waseem Ahmad Qureshi
Richmond Public Interest Law Review
This paper aims to discuss and apply the principle of proportionality (PoP) to the War on Terror (WoT). For this, vital characteristics and conditions of the PoP will be discussed in great detail. The paper argues that notions of the “just cause,” the “reasonable hope of success,” and the “requirement of the last resort” are incorporated within the PoP. This paper also defines how the harm caused by military actions is weighed against the direct military advantage to arrive at conclusions on the proportionality or disproportionality of an attack. After discussing the theoretical grounds of the PoP, this paper tries …
Nonprofit Hospitals' Community Benefits Should Actually Benefit The Community: How Irs Reforms Can Improve The Provision Of Community Benefits, Kim Simmons
Richmond Public Interest Law Review
Policymakers and health care leaders have frequently questioned and critiqued whether nonprofit hospitals’ provision of community benefits is worth their favored tax status. While legislation and regulations have recently been enacted to address such concerns, the tax exemption standards continue to fail to promote the goals articulated in the Patient Protection and Affordable Care Act of 2010 (ACA) of reforming and improve health care delivery systems in the United States for all people. To better effectuate the purposes of the ACA, this article suggests that the Internal Revenue Service adopt minimum community benefit spending requirements that vary depending on the …
Vicarious Trauma In Public Service Lawyering: How Chronic Exposure To Trauma Affects The Brain And Body, Megan Zwisohn, Wayne Handley, Danielle Winters, Alyssa Reiter
Vicarious Trauma In Public Service Lawyering: How Chronic Exposure To Trauma Affects The Brain And Body, Megan Zwisohn, Wayne Handley, Danielle Winters, Alyssa Reiter
Richmond Public Interest Law Review
Each day, attorneys and other service providers are subject to trauma. By the nature of the profession, they work with victims of crime, victims of poverty, and victims of discrimination. While attorneys do not personally experience this victimization, they do often internalize it and revisit it in case preparation. As a result, attorneys, particularly those in public interest roles, regularly experience, burnout, compassion fatigue, and vicarious trauma. These factors can negatively impact attorneys neurological and physiological functioning, causing them harm and potentially causing harm to their client or their client’s case. For these reasons, it is critically important for attorneys …
To The Survivors Of Childhood Sexual Abuse- Whenever You’Re Ready: Eliminating The Criminal Statute Of Limitations On Childhood Sexual Assault Crimes In Light Of Pennsylvania’S Catholic Dioceses Grand Jury Investigation, Rebecca Schultz
Richmond Public Interest Law Review
It is exceptionally difficult for many survivors of sexual assault to come forward to tell their story. This is particularly the case where the perpetrator is someone in a position of power who the survivor trusted. The statute of limitations for cases of childhood sexual abuse can serve as another barrier preventing survivors from coming forward because it prevents any semblance of justice for those individuals. This is currently most evident in states like Pennsylvania that still impose a statute of limitations on crimes of sexually assaulting children. Pennsylvania is reeling from its most recent Catholic clergy sex abuse scandal, …
2018 Symposium Panel Discussion: Sexual Harassment In The Workplace In The #Metoo Era, Kevin Woodson, Janice Craft, Kati Dean, Patty Gill, Rebecca Royals
2018 Symposium Panel Discussion: Sexual Harassment In The Workplace In The #Metoo Era, Kevin Woodson, Janice Craft, Kati Dean, Patty Gill, Rebecca Royals
Richmond Public Interest Law Review
No abstract provided.
Legal Changes Needed To Strengthen The #Metoo Movement, Sarah David Heydemann, Sharyn Tejani
Legal Changes Needed To Strengthen The #Metoo Movement, Sarah David Heydemann, Sharyn Tejani
Richmond Public Interest Law Review
The rise of the #MeToo Movement highlights the inadequacies of Title VII, the federal law that protects against employment discrimination, including sex harassment. Title VII, in its current form, does not adequately address the needs of workers, especially low-wage workers, who already face considerable obstacles to reporting their harassment. While states have made significant strides in this area, the work of advocates for change and for survivors, like the TIME’S UP Legal Defense Fund and the National Women’s Law Center, is necessary so that the federal government follows suit to ensure Title VII works for all workers. In this article, …
They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover
They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover
Richmond Public Interest Law Review
Many have hailed the #MeToo Movement as a turning point in the way this country discusses sexual assault and sexual harassment, but when looking at the #MeToo Movement through the lens of Supreme Court nominations, it is unclear whether the impact of the Movement will be as farreaching as some imagine. The hearing of Anita Hill, which came before the #MeToo Movement, and the hearing of Dr. Christine Blasey Ford, which came after the #MeToo Movement, perhaps demonstrate that the #MeToo Movement has reached its limit culturally and now institutional change must be the focus in order for the goals …
Letter From The Editor, Maryann Grover
Letter From The Editor, Maryann Grover
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Lecture: #Metoo And Procedural Justice, Lesley Wexler
2018 Symposium Lecture: #Metoo And Procedural Justice, Lesley Wexler
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Lecture: The Range Of Remedies And Responses In The #Metoo Movement, Jennifer Robbennolt
2018 Symposium Lecture: The Range Of Remedies And Responses In The #Metoo Movement, Jennifer Robbennolt
Richmond Public Interest Law Review
No abstract provided.
System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi
System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi
Richmond Public Interest Law Review
The #MeToo Movement and the rise in the public consciousness of the impact of sexual violence has made abundantly clear that the legal rape reform movement that began in the 1970s was largely unsuccessful in stemming the tide of sexual violence. That movement was directed at the procedures in criminal justice system that make rape prosecutions easier for the state, but it failed to address the state’s role in enabling and perpetuating sexual violence. By failing to address those issues and by actively turning to carceral feminism, the state implemented a system in which sexual violence reporting remains low while …
2018 Symposium Lecture: Working With Victims In The Era Of #Metoo, Megan Zwisohn
2018 Symposium Lecture: Working With Victims In The Era Of #Metoo, Megan Zwisohn
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Keynote Address, Sharyn Tejani
2018 Symposium Keynote Address, Sharyn Tejani
Richmond Public Interest Law Review
No abstract provided.
Letter From The Editor, Maryann Grover
Letter From The Editor, Maryann Grover
Richmond Public Interest Law Review
No abstract provided.
The Appeal Of A Repeal: Analyzing Virginia’S Self-Sabotage Of Successful Re-Entry For Drug Felons, Salaam Bhatti
The Appeal Of A Repeal: Analyzing Virginia’S Self-Sabotage Of Successful Re-Entry For Drug Felons, Salaam Bhatti
Richmond Public Interest Law Review
The United States is currently engaged in a battle against poverty. There are many heads to this Hydra, but one of the most significant is the felony drug ban. The felony drug ban prohibits individuals convicted of felony drug offenses from receiving Supplement Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) benefits. This means that, at a time when a former inmate is most vulnerable – when they struggle to find work and support themselves post-release - the government turns a blind eye to that individual’s need, often forcing a former inmate to recidivate and do anything …
Grassroots Organizing And Medicaid Expansion In Virginia: The Lee County Chapter Of Virginia Organizing And Medicaid Expansion, Brian Johns, Rosemary Gould, Ladelle Mcwhorter
Grassroots Organizing And Medicaid Expansion In Virginia: The Lee County Chapter Of Virginia Organizing And Medicaid Expansion, Brian Johns, Rosemary Gould, Ladelle Mcwhorter
Richmond Public Interest Law Review
The ability to participate in grassroots organizing derives implicitly from the Constitution’s declaration of “We the People” and explicitly from the First Amendment’s guarantee of the right to petition the Government for redress. At Virginia Organizing, we take this grant of power very seriously as is evident from our recent grassroots organizing for Medicaid expansion in Virginia. Our work focused predominately on more rural parts of the Commonwealth where our chapter members have experienced the consequences of a lack of access to health care. By mobilizing individuals passionate about Medicaid expansion and those who suffer from the lack of it …
Virginia Pioneers Mental Health Transportation Alternative For Children Under Temporary Detention Order, Snapper Tams, Victoria Zicker
Virginia Pioneers Mental Health Transportation Alternative For Children Under Temporary Detention Order, Snapper Tams, Victoria Zicker
Richmond Public Interest Law Review
Children in Virginia who are experiencing a mental health crisis have traditionally been shackled while they are transported to a mental health facility for treatment. Such shackling is traumatizing for children and detrimental to their cognitive and emotional development. Shackling has been required by law enforcement personnel, the default providers of mental health transportation. However, alternative transportation options to law enforcement exist and are actively being explored in Virginia in order to de-stigmatize mental health crises and minimize trauma caused by the transportation process. The Virginia Department of Behavioral Health and Developmental Services funded a pilot program in southwestern Virginia …
Aging Out: 2018 Legislation Seeking To Address Virginia’S Permanency Problem For Children In Foster Care, Valerie L'Herrou
Aging Out: 2018 Legislation Seeking To Address Virginia’S Permanency Problem For Children In Foster Care, Valerie L'Herrou
Richmond Public Interest Law Review
Virginia has one of the highest rates of youth who “age out” of the foster care system and one of the lowest family reunification rates in the country. This is due to several factors, including that the termination of parental rights has an accelerated timeline in Virginia compared to the federal timeline. Children who age out of the system lack a sense of permanency that is critical to healthy psychological development. As a result, many such children tend to experience lower levels of educational attainment and income, and higher levels of substance use, criminal justice system involvement, and homelessness than …
Free To Bleed: Virginia House Bill 83 And The Dignity Of Menstruating Inmates, Holly Seibold, Gianna Fienberg
Free To Bleed: Virginia House Bill 83 And The Dignity Of Menstruating Inmates, Holly Seibold, Gianna Fienberg
Richmond Public Interest Law Review
For many individuals, their monthly period is an embarrassing and stigmatizing event, but for those who are homeless or have a low income, are students, or are incarcerated, it is something much more dangerous. A lack of menstrual hygiene can lead to serious health risks including skin infections, urinary tract and bladder infections, and toxic shock syndrome. Because of the cost of menstrual supplies, though, many are prevented from adequately caring for their menstrual health. Students, the homeless and low-income, and the incarcerated are regularly confronted by a lack of access to menstrual supplies and are thus forced to use …
Virginia’S 2018 General Assembly Session In Review, Mollie Laird
Virginia’S 2018 General Assembly Session In Review, Mollie Laird
Richmond Public Interest Law Review
The 2018 General Assembly session came on the heels of what many deemed a shocking 2017 election cycle. Democrats gained a surprising number of seats in the General Assembly, creating the need for bipartisan compromise throughout the 2018 session. It is when compromise occurred that deals were made and laws were passed to benefit Virginians. This does not mean that tensions did not flare at times. Ideological differences were certainly on display in debates surrounding Confederate monuments and gun control. But beyond ideological differences, the General Assembly was able to raise the felony-larceny threshold and to end a rate freeze …
If Roe Falls: Whole Woman’S Health Act As A Necessary Stop-Gap On The Way To Full Protection Of Bodily Autonomy In Virginia, Galina Varchena
If Roe Falls: Whole Woman’S Health Act As A Necessary Stop-Gap On The Way To Full Protection Of Bodily Autonomy In Virginia, Galina Varchena
Richmond Public Interest Law Review
In 2016, the Supreme Court clarified the scenarios in which an “undue burden” is imposed on a pregnant person seeking an abortion in Whole Woman’s Health v. Hellerstedt. As a result, the constitutionality of many of Virginia’s abortion regulations seems in doubt. These unconstitutional regulations include the TRAP regulation that limits the type of facilities that can provide abortions, and statutes relating to informed consent and mandatory waiting periods. Thus, the outlook following the Court’s ruling in Whole Woman’s Health looked, if not bright, then at least hopeful for reproductive rights. That changed, though, with the Court’s 2018 ruling in …
They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover
They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover
Law Student Publications
Many have hailed the #MeToo Movement as a turning point in the way this country discusses sexual assault and sexual harassment, but when looking at the #MeToo Movement through the lens of Supreme Court nominations, it is unclear whether the impact of the Movement will be as farreaching as some imagine. The hearing of Anita Hill, which came before the #MeToo Movement, and the hearing of Dr. Christine Blasey Ford, which came after the #MeToo Movement, perhaps demonstrate that the #MeToo Movement has reached its limit culturally and now institutional change must be the focus in order for the goals …