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Full-Text Articles in Law
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin
Richmond Public Interest Law Review
This article examines the potential effects of failing to preserve or produce evidence in the child welfare tort context. Section Two provides an overview of the record-keeping policies and practices in child protective systems throughout the country. It also describes the toll that civil litigation has taken on these systems because of negligent care of children. Section Three explains spoliation and its civil and criminal ramifications in other contexts. Section Four analyzes the effects that missing records have on child welfare torts. Section Five discusses best practices for attorneys and courts in addressing spoliation in child welfare tort litigation. Section …
Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf
Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf
Richmond Public Interest Law Review
This Comment contends that cultural and legal representations of breastfeeding in custody determinations highlight contradictory notions of motherhood and family that mirror liberal and conservative family traditions thought to be long dead.
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
Richmond Public Interest Law Review
In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews "My Daddy's Name is Donor" and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Richmond Public Interest Law Review
However, this essay suggests a different, or additional, approach. Rather than focusing on the many barriers to equality originating from others, this essay focuses on women's power to forge equality. Some of this power is cloaked, unharnessed, and underutilized. This essay is intended to challenge women to reconstitute the power of motherhood as a means of transforming not only families, but also law and society. This essay suggests the power of women to be mothering teachers and teaching mothers. Women have a choice, even an affirmative duty, to unharness their power to facilitate change and shape a status quo of …
Giving Voice To The Underserved: A Review Of How Lower-Income Virginians Fared In The 2012 Virginia General Assembly, Christie Marra, H. Timothy Perry
Giving Voice To The Underserved: A Review Of How Lower-Income Virginians Fared In The 2012 Virginia General Assembly, Christie Marra, H. Timothy Perry
Richmond Public Interest Law Review
In 2011, the Census Bureau, after sixteen years of study, released a new, more comprehensive calculus to better gauge poverty in America. This "Supplemental Poverty Measure" (the "SPM") calculates the poverty threshold by estimating not only the cost of food, but also expenses related to clothing, shelter, utilities, and medical costs." Further, the SPM makes adjustment for cost of living, depending upon where the family resides, and also takes into account governmental support, such as food stamps and tax credits, to determine income. Logically, more accurate data on poverty distribution by region, and a more precise measure of the effects …
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier
Richmond Public Interest Law Review
While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.
The Virginia Rules Of Evidence, Ronald J. Bacigal
The Virginia Rules Of Evidence, Ronald J. Bacigal
Richmond Public Interest Law Review
Despite the Supreme Court's rejection of the proposed Code of Evidence, the Boyd-Graves Conference continued its efforts to create such a code. In 1997, the Boyd-Graves Conference published "A Guide to Evidence in Virginia." Unlike the previously proposed rules of evidence, this guide merely stated the current Virginia law on evidence, and did not recommend adoption of any changes to existing law. The Guide's approach of disdaining any proposed changes,"while creating "a single, organized body of principles for the convenience of judges and practitioners alike," ultimately overcame objections from most of those who had opposed an evidence code. The Guide …
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Richmond Public Interest Law Review
On April 18, 2012, Virginia Governor Bob McDonnell boosted the Commonwealth's pollution-reduction toolbox with an expanded nutrient trading program when he signed H.B. 176/S.B. 77 into law.' Sparked by the issuance of the Chesapeake Bay Total Maximum Daily Load (the "Bay TMDL"), which updated pollution limits for the Chesapeake Bay and tributaries, and the Virginia Chesapeake Bay TMDL Phase I Watershed Implementation Plan (the "Phase I WIP"),2 the expanded nutrient trading program allows myriad new market participants to generate and sell certified "nutrient credits"3 to others to meet existing limits or to offset new pollution from expansion.4 If the program …
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Richmond Public Interest Law Review
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Richmond Public Interest Law Review
coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …