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Full-Text Articles in Law

Letter From The Editor, Elizabeth F. Richer May 2022

Letter From The Editor, Elizabeth F. Richer

Richmond Public Interest Law Review

No abstract provided.


Symposium Transcript May 2022

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.


Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley May 2022

Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley

Richmond Public Interest Law Review

Environmental Justice (or“EJ”) has been recognized as a concept since

at least 1982. After decades of incremental and ineffective efforts by the federal

government, it has become clear that EJ must evolve beyond the concept

stage if it is to be an effective vehicle for social and legal change. At its heart,

EJ is a function of social inequities and environmental harms, and the disproportionate

correlation between those components can no longer be ignored

by state and federal actors. The way forward must be paved with practical

legal solutions and affirmative application of regulatory authority. This

article examines the ...


Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham May 2022

Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham

Richmond Public Interest Law Review

President Biden proposes to revise the federal rulemaking process to advance

the values of justice and equity. This analysis offers a practical path

forward by adding an equity test to the efficiency test applied to new federal

regulations by the U.S. Office of Management and Budget. This article explores

the feasibility of the proposal with applications to regulation of hazardous

air pollutants and drinking water contaminants. The proposal seeks

to advance the interests of low-income Americans in federal rulemaking, a

subgroup that has received little historical priority in the regulatory impact

analyses prepared by federal regulatory agencies.


On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis May 2022

On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis

Richmond Public Interest Law Review

Few aspects of life will be spared disruptions attributed to climate change,

but those disruptions will not be evenly distributed or borne. While much

attention is being given to large-scale plans and programs aimed at effectively

and equitably coping with those disruptions, the fact is the burdens and

responsibility of planning and acting are falling mostly on individual families,

businesses, and communities. Those with access to resources and professional

assistance, specifically legal services, will stand a better chance of

adapting and prospering. Those without will likely fare worse—and already

are. In order to get better and more equitable outcomes ...


Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter May 2022

Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter

Richmond Public Interest Law Review

This article highlights the ongoing lack of diversity in each of the

three major types of environmental organizations—conservation and

preservation organizations, governmental agencies, and environmental

grantmaking foundations—and assesses how this lack of diversity

has historically marginalized people of color. Assessing the history of

how the environmental movement has marginalized people of color is

key because from this marginalization grew the rise of the environmental

justice movement and recognition from the legal system of environmental

issues that disproportionately impacted people of color. Last,

this article presents solutions on how environmental organizations can

increase and retain diversity in their staff ...


Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds May 2022

Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds

Richmond Public Interest Law Review

Land is the central foundation around which all life is formed. Therefore,

societies must have a stable connection with the land in order to be structurally

sound. If this connection is weak or inflexible, every building-block of

civilization laid on top of it will inevitably crumble. Some societies have established

stable relationships with the land by working around and responding

to nature’s rhythms in order to satisfy their needs. Whereas other societies

have ignored nature’s intricacies and instead have tried to strong-arm

nature into yielding to their whims. These two diametrically

opposed approaches to conceiving of humans’ relationship ...


Prefatory Matter May 2022

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk May 2022

Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk

Richmond Public Interest Law Review

The fossil fuel energy system, reinforced by oppressive policies and practices,

has disproportionately harmed poor people, Indigenous people, and

Brown and Black people and driven the global climate crisis. A just transition,

which displaces fossil fuels and redistributes renewable energy resources,

requires policies that are rooted in equity and shift power back to

the hands of the most vulnerable. Just Transition Activists, leaders, organizers,

and changemakers in the just transition movement, must develop transformative

skillsets necessary to radically reimagine our world and dismantle

the current unequal system of law and policy. This analysis explores the

skills, attributes, beliefs, and attitudes ...


Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron May 2022

Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron

Richmond Public Interest Law Review

The siting and development of Interstate 81 in Syracuse, New York, similar

to highway projects across the nation, lead to the displacement of Black

Syracusans

and has exposed thousands of remaining residents at heightened

environmental harm. As the interstate is slated to be redeveloped due to age

and safety issues, national attention has focused on the highway as a potential

exemplar for similar projects across the United States. Federal law mandates

that environmental impact analysis be conducted, and due to the prevalence

of marginalized populations, environmental justice impacts are a

critical feature in this assessment. This article evaluates both the ...


Prefatory Matter: Symposium 2021, Eudora F. S. Arthur Apr 2022

Prefatory Matter: Symposium 2021, Eudora F. S. Arthur

Richmond Public Interest Law Review

No abstract provided.


Letter From The Editor, Eudora F. S. Arthur Apr 2022

Letter From The Editor, Eudora F. S. Arthur

Richmond Public Interest Law Review

No abstract provided.


Letter From The Black Law Student Association President, Courtni M. Weaver Apr 2022

Letter From The Black Law Student Association President, Courtni M. Weaver

Richmond Public Interest Law Review

No abstract provided.


Symposium Transcript Apr 2022

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.


A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour Apr 2022

A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour

Richmond Public Interest Law Review

Racism is a public health crisis and it is killing Black youth. Systemic racism

in education is a root cause of a long list of inequities faced by Black

youth. These inequities compound over the years and create extreme hurdles

to academic success and, in many cases, are hazardous to overall health.

The school-to-prison pipeline is a severe health equity issue affecting

Black children and adolescents. Racism is a core social determinant of health

that has a profound impact on child and adolescent health. Moreover, health

is not just an individual matter; institutional and structural forces influence

who has access ...


Appendix A: February 25 Institutional History Email From President Crutcher Apr 2022

Appendix A: February 25 Institutional History Email From President Crutcher

Richmond Public Interest Law Review

No abstract provided.


Appendix B: Protect Our Web: A Statement On Black Student Welfare Apr 2022

Appendix B: Protect Our Web: A Statement On Black Student Welfare

Richmond Public Interest Law Review

No abstract provided.


Appendix C: March 17 Response To Bsc Statement Email From President Crutcher Apr 2022

Appendix C: March 17 Response To Bsc Statement Email From President Crutcher

Richmond Public Interest Law Review

No abstract provided.


Appendix D: Blsa Letter To Board Of Trustees And President Crutcher Apr 2022

Appendix D: Blsa Letter To Board Of Trustees And President Crutcher

Richmond Public Interest Law Review

No abstract provided.


Appendix E: Statement On Recent Meeting With Board Of Trustees Apr 2022

Appendix E: Statement On Recent Meeting With Board Of Trustees

Richmond Public Interest Law Review

No abstract provided.


Appendix F: Vote Of No Confidence Apr 2022

Appendix F: Vote Of No Confidence

Richmond Public Interest Law Review

No abstract provided.


Appendix G: April 2 University Wide Email From President Crutcher Apr 2022

Appendix G: April 2 University Wide Email From President Crutcher

Richmond Public Interest Law Review

No abstract provided.


Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky Apr 2022

Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky

Richmond Public Interest Law Review

A School Resource Officer (“SRO”) is a law enforcement officer employed

by local law enforcement agencies to provide security to public schools. As

a result of fatal and highly publicized school shootings such as Columbine

and Parkland, SROs have become a fixed aspect of many school communities.

There are tens of thousands of SROs patrolling the halls of Virginia’s

public elementary and secondary schools every year. Despite their intended

purpose to keep students safe and prevent crime, SROs too often contribute

to the school-to-prison pipeline. When SROs are brought into the classroom

to address “disruptive” behaviors, students are at ...


Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline, Samantha D. Mier Apr 2022

Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline, Samantha D. Mier

Richmond Public Interest Law Review

Parents struggling to raise challenging children often lack needed community

support. These parents turn to law enforcement when they feel their

child cannot be controlled. Problematically, law enforcement officers are

trained to respond to crime, not simple parent-child domestic disputes. Thus,

when parents call police during disagreements, the argument may end in arrest

and contact with the juvenile court system. Interaction with the juvenile

justice system carries a myriad of risks. This comment outlines the risks inherent

in calling the police and entering the juvenile court system. The author

evaluates existing alternatives to calling law enforcement and recommends

that communities ...


Prefatory Matter Mar 2022

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Letter From The Editor Mar 2022

Letter From The Editor

Richmond Public Interest Law Review

No abstract provided.


A Virtual Reality: Preserving The Right To Appear "In Person" Before An Administrative Separation Board, Jeffrey Janaro, Christopher Clifton Mar 2022

A Virtual Reality: Preserving The Right To Appear "In Person" Before An Administrative Separation Board, Jeffrey Janaro, Christopher Clifton

Richmond Public Interest Law Review

Prior to the COVID-19 pandemic, courts and government agencies utilized

video teleconference (“VTC”) technology to conduct trials and hearings in

limited settings. However, as the pandemic progressed, a number of these

adjudicative bodies began to rely more heavily on VTC, and at least one military

service sanctioned the use of VTC to conduct administrative separation

proceedings. The administrative separation process is routinely used as an

employment action to separate military members from an armed service. Due

to its speed and efficiency, military commanders often elect to use the administrative

separation process over the more rigorous court-martial procedure

to effect good ...


Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell Mar 2022

Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell

Richmond Public Interest Law Review

In a series of decisions concerning child defendants, the United States Supreme

Court has embraced the understanding, based on adolescent brain

development, that the legal system must recognize children are different than

adults concerning criminal culpability and sentencing. That recognition, culminating

in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity

for thousands of individuals across the country, initially sentenced

to death-in-prison sentences when they were minors, to gain a meaningful

opportunity for release. These cases permanently banned mandatory life sentences

for children. In Virginia, the legislature now allows reconsideration

of these cases through hearings before the parole ...


Unionizing In The Chambers Of Government, Louis Cholden-Brown Mar 2022

Unionizing In The Chambers Of Government, Louis Cholden-Brown

Richmond Public Interest Law Review

As overall union membership stagnates nationwide due to the contraction

of traditionally unionized industries, labor organizations have made historic

inroads into new, highly volatile employment sectors, including digital media,

tech, political campaigns, and the gig economy. One such sector that

has seen new life is state and local legislative employees. Excluded from coverage

by the National Labor Relations Act, legislative employees have been

subject to disparate labor rights, job protections, and terms and conditions

of employment across and within states. While efforts to secure collective

bargaining rights for this sector have occurred over the past twenty-five

years, the simultaneous yet ...


Public Charge Grounds For Inadmissibility: Impact On Noncitizen Health Insurance Coverage, Madeline M. Culbreth Mar 2022

Public Charge Grounds For Inadmissibility: Impact On Noncitizen Health Insurance Coverage, Madeline M. Culbreth

Richmond Public Interest Law Review

The public charge rule is an ongoing barrier to health insurance for lawfully

present immigrants and ought to be removed. Healthcare coverage for

immigrants is a critical aspect of the country’s health care scheme. Recent

changes to the United States’ immigration policy are contributing to growing

fears among immigrant families about participating in Medicaid and CHIP.

The most effective solution is to permanently alter the Immigration and Nationality

Act. Congress should expressly exclude health insurance from being

considered in the public charge grounds for inadmissibility.