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Full-Text Articles in Law
The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson
The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson
Richmond Public Interest Law Review
Americans place an enormous amount of faith in education=s power to solve social problems. Today, liberals tend to believe that education can improve our attitudes, making us less racist by broadening our perspective and knowledge of different people and cultures. Conservatives often argue that education can solve our economic problems by training citizens for jobs and increasing their capacity for upward social mobility. Indeed, President Clinton, who may be viewed as bridging liberal and conservative ideals, posed education as a solution to economic dislocation. His solution is to provide unemployed citizens with the necessary skills to find new forms of …
The Revolution In Higher Education, James V. Koch
The Revolution In Higher Education, James V. Koch
Richmond Public Interest Law Review
Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …
Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob
Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob
Richmond Public Interest Law Review
This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …
Nqsi: Quality Schools Come From Quality People, Anita O. Poston, Thomas B. Lockamy, Gary L. Ruegsegger
Nqsi: Quality Schools Come From Quality People, Anita O. Poston, Thomas B. Lockamy, Gary L. Ruegsegger
Richmond Public Interest Law Review
Since the time of the now fabled one room schoolhouse, American schools have undergone tremendous change socially, structurally, and instructionally. Our public schools are under the microscope like never before. Charter schools and tuition vouchers circle above public education like vultures. New special education regulations loom menacingly on the horizon. Prophets of doom are on every street comer and in every Internet chat room. The Virginia General Assembly has mandated higher standards and tougher discipline. Innumerable publications document both technology's explosion and the American family's implosion. Against this seemingly foreboding backdrop, a school district in Southeastern Virginia researched, designed, and …
Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti
Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti
Richmond Public Interest Law Review
At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …
Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider
Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider
Richmond Public Interest Law Review
One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.
Complexities In Biomedical Decision Making, George P. Smith Ii
Complexities In Biomedical Decision Making, George P. Smith Ii
Richmond Public Interest Law Review
A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Richmond Public Interest Law Review
The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Richmond Public Interest Law Review
The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …
Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson
Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson
Richmond Public Interest Law Review
A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
Richmond Public Interest Law Review
Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …
Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation
Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation
Richmond Public Interest Law Review
Federal law requires all states to periodically report to the Environmental Protection Agency (EPA) on the water quality of their rivers, lakes and streams and provide EPA with a listing of polluted waters. Virginia has recently prepared two reports for 1996 and boasts that only 5 percent of the Commonwealth's rivers are polluted. Under closer inspection, this information is found to be extremely misleading due to a number of serious gaps and flaws within Virginia's water quality monitoring program and its methods of data reporting and evaluation. When Virginia states that only 5 percent of the waters it monitors fail …
Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.
Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.
Richmond Public Interest Law Review
As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
Richmond Public Interest Law Review
This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Richmond Public Interest Law Review
Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …