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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …
Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching
Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching
University of Richmond Law Review
According to the common law doctrine of ubi jus, ibi remedium, where there is a right, there is a remedy. The United States Supreme Court has long recognized the validity of this doctrine. Traditionally, the Court was very liberal in recognizing private rights of action, and granting injunctive and monetary relief for violations of constitutional and statutory rights in the absence of explicit congressional authorization. In Bell v. Hood, the Supreme Court stated: "[W]here federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to …