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2009

State and Local Government Law

Richmond Journal of Law and the Public Interest

Articles 1 - 9 of 9

Full-Text Articles in Law

Deferred Education Budget Decision Has Long Range Implications, Robley Shelton Jones Jan 2009

Deferred Education Budget Decision Has Long Range Implications, Robley Shelton Jones

Richmond Journal of Law and the Public Interest

Four Senators and four Delegates conferred for the purpose of developing the public education portion of the state budget for the second year of this biennium. These Senators and Delegates met knowing full and well that Virginia ranked thirty-seventh in the nation in per pupil state support for public education in 2008. They also met with the knowledge that there was a $3.7 billion state revenue shortfall. Going into this session, education advocates perceived there to be two battles-the first battle would attempt to minimize budget cuts, while the second battle would attempt to keep the cuts from being permanent. …


A Defense Of Legislative Redistricting, Delegate Mark Cole Jan 2009

A Defense Of Legislative Redistricting, Delegate Mark Cole

Richmond Journal of Law and the Public Interest

Virginia is one of thirty-six states in which the legislature holds primary responsibility for the process of redrawing the lines of legislative and congressional districts after the completion of each decennial census. During the last two sessions of the Virginia General Assembly, however, there have been concerted efforts by Governor Tim Kaine, General Assembly Democrats, and a collection of interest groups calling themselves the Virginia Redistricting Coalition to limit the legislature's responsibility for redistricting. In 2008 and 2009, those efforts failed.


Bipartisan Redistricting, Senator R. Creigh Deeds Jan 2009

Bipartisan Redistricting, Senator R. Creigh Deeds

Richmond Journal of Law and the Public Interest

The redistricting of legislative lines, whether for the houses of the General Assembly or Virginia's congressional delegation, is currently riddled with partisan politics. It appears, however, that different political parties will control the two houses of the legislature during the next redistricting process for the first time in our Commonwealth's history. Whether this is to be the case for the redistricting of 2011 will be decided by future events, but currently Democrats control the State Senate and Republicans have a majority of the House of the Delegates. The next Governor will also play a significant role in redistricting. With no …


Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf, Sarah A. Geddes Jan 2009

Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf, Sarah A. Geddes

Richmond Journal of Law and the Public Interest

This article will recount the development of this year's revisions to the 2008-2010 budget, examine the long-term implications of budgetary decisions affecting public education, and review notable pieces of substantive education legislation. It will also highlight the major features of the new Standards of Accreditation-implementing graduation rate accountability-and special education regulations. Finally, this article will offer a framework for analyzing the critical education-funding decisions likely to come before the 2010 General Assembly as Virginia continues to feel the effects of a global economic crisis.


Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty Jan 2009

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Journal of Law and the Public Interest

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.


A View Through The Gun Show Loophole, Andrew Goddard Jan 2009

A View Through The Gun Show Loophole, Andrew Goddard

Richmond Journal of Law and the Public Interest

The term "Gun Show Loophole" came about as a result of the passage of the Firearm Owners Protection Act of 19861 and the Brady Handgun Violence Prevention Act of 1993. These laws effectively created a dual standard for gun sales based on the federal license status of the seller. The Brady Act mandated that licensed gun dealers must conduct criminal background checks on potential buyers regardless of whether the sale takes place at the dealer's store or at a gun show, whereas the Firearm Owners Protection Act expressly exempted "persons making occasional sales or selling all or part of a …


House Bill 2326 And Its Effect On Cochran V. Board Of Zoning Appeal's Chill: How Variances In Virginia May Thaw After Code Revision, Michael Keoni Medici Jan 2009

House Bill 2326 And Its Effect On Cochran V. Board Of Zoning Appeal's Chill: How Variances In Virginia May Thaw After Code Revision, Michael Keoni Medici

Richmond Journal of Law and the Public Interest

For quite some time, those who applied for variances enjoyed a likelihood of realizing their efforts. Since 2004, however, Virginia has experienced heightened judicial scrutiny over the administration of variances. The 2009 General Assembly of Virginia reviewed relevant sections of the Code of Virginia and amended the law concerning variances. The effect of the General Assembly's seemingly slight revision presents the purpose of this comment. Part II of this comment presents the General Assembly's enactment. Part III discusses the development of the relevant area of variance law that has fostered dissent. This part also presents Cochran v. Fairfax County Board …


Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky Jan 2009

Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky

Richmond Journal of Law and the Public Interest

According to the Virginia Department of State Police, there has been a legislative effort in 2008 and 2009 over the past two years to ensure that essential data from protective orders1 is entered into the Virginia Criminal Information Network ("VCIN") immediately upon the order's issuance. While data entry may seem like a dull topic, the following story highlights the dire significance of this seemingly mundane task.


Notable Bills Of The 2009 Session Of The Virginia General Assembly Jan 2009

Notable Bills Of The 2009 Session Of The Virginia General Assembly

Richmond Journal of Law and the Public Interest

Notable House and Senate Bills during the 2009 session of the Virginia General Assembly