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General Topics Prefatory Material

Richmond Public Interest Law Review

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Prefatory Matter

Richmond Public Interest Law Review

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Table Of Contents

Richmond Public Interest Law Review

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Letter From The Editor, Nick Kaye

Richmond Public Interest Law Review

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An Analysis Of Charity Care Policy In Virginia And Recommendations For The Future, Victoria Richardson

Richmond Public Interest Law Review

Virginia’s uninsured rate has dropped significantly since Medicaid expansion, but statewide gaps in coverage remain, especially among communities of color and for those transitioning from Medicaid to Medicare at age sixty-five. Accordingly, greater utilization of charity care is necessary to prevent the most vulnerable Virginians from experiencing crippling medical debt—debt they may by unable to pay due to limited resources.

Unfortunately, charity care requirements for providers suffer from a lack of clarity and accountability at both the state and federal level. This article surveys the current laws and regulations that govern charity care in Virginia and highlights problems that prevent …

New Dominion, Old Tricks: A Review Of Virginia's 2024 General Assembly Session, Ryan Pokorny, Tucker Weiser

Richmond Public Interest Law Review

The 2024 General Assembly session followed a transformative election cycle. Democrats regained full control of the General Assembly after two years of split legislative power, thwarting Governor Glenn Youngkin’s efforts to secure a Republican trifecta. Redistricting drove unprecedented turnover, with more than one-third of lawmakers joining their respective chambers as newcomers in 2024. The remade General Assembly was the youngest in recent memory and the most diverse in Virginia history. These changes brought uncertainty and promises of cooperation, but the session soon descended into familiar partisan polarization. Governor Youngkin vetoed a record number of bills, while Democrats voted down many …

The General Assembly's Consideration Of The Data Center Industry's Growth In Virginia, L. Preston Bryant Jr.

Richmond Public Interest Law Review

Virginia has a decades-long history with the data center industry’s growth and development, which has been critical to the nation’s—and world’s—increasingly digital economy. The industry also has brought extraordinary benefits to state and local economies, including hundreds of billions of dollars in capital investments and tax revenues as well as tens of thousands of jobs. Yet this historic success, according to many, comes at a high cost to local communities. Data center facilities can be imposing and take up a lot of land; they require a significant amount of additional energy generation and often more transmission infrastructure; and they use …

The State Of Record Clearance In The Commonwealth Of Virginia, Rob Poggenklass

Richmond Public Interest Law Review

One in three American adults has a criminal record, which can create significant barriers to finding suitable employment and housing. In Virginia, even arrest records are public and can last a lifetime unless someone navigates the complex process of expungement. For people with criminal convictions, the outlook has been even more bleak—Virginia is one of just a handful of states where no relief is available for conviction records.

But this is all about to change. On July 1, 2025, a record sealing law passed by the General Assembly in 2021 and signed by the previous governor, Ralph Northam, will take …

Reconsidering Griswold: Amid Post-Dobbs Threats To Reproductive Freedom, Youngkin Vetoes The Virginia Right To Contraception Act, Katie Baker, Christopher Fleming

Richmond Public Interest Law Review

In its 2022 decision in Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court found that there is no constitutional right to an abortion, overturning nearly fifty years of precedent set by Roe v. Wade.

In his concurrence in Dobbs, Justice Clarence Thomas wrote that the Court “should reconsider” its past decision in Griswold v. Connecticut. The 1965 case found that married people have a constitutional right to contraception, which Eisenstadt v. Baird extended to unmarried individuals in 1972.

In response to Thomas’ words and to growing threats to reproductive freedom post-Dobbs, …

The General Assembly Must Act To Protect Victims Of Sexual Abuse Following The Supreme Court Of Virginia's Recent And Significant Circumscription Of Vicarious Liability, Mark D. Dix, Robert C.T. Reed

Richmond Public Interest Law Review

Few doctrines are as ingrained in the American civil justice system as that of vicarious liability: holding a principal liable for an agent’s tortious conduct. Public policy, further bolstered now by modern economic theory, provides the foundation for this doctrine. With respect to a principal’s liability for an agent’s intentional tort, the modern view has been to hold a principal just as liable for such an act as a negligent one. Virginia had largely been in step with this trend. However, beginning in 2018, the Supreme Court of Virginia reversed the Commonwealth’s course, particularly with respect to cases of sexual …

A Review Of Virginia's 2024 Economic Development Legislation And The Legacy Of The Commonwealth's Economic Policies, Margaret C. Rockwell

Richmond Public Interest Law Review

In 2024, CNBC designated Virginia as the nation’s “Top State for Business,” marking a record sixth win for the Commonwealth in receiving this annual designation. CNBC’s annual rankings measure states’ success in creating friendly, supportive environments for businesses and workers by analyzing ten key categories of competitiveness. Numerous sources substantiate the Commonwealth’s recent achievements across these categories, with notable accomplishments in education, wage growth, infrastructure, and commerce and trade. In light of Virginia’s most recent win, this article examines the initiatives that have successfully advanced economic development in Virginia over many years.

This article introduces key economic development initiatives through …

Selecting Lower Court Judges In The Senate Lame Duck Session, Carl W. Tobias

Richmond Public Interest Law Review

When Congress reconvened in November, Donald Trump had won a second term in the White House and Republicans had secured a majority in the upper chamber. The federal judiciary thus became a salient point of contention in the Senate lame duck session. During Trump’s initial four years as chief executive, he and the Republican chamber majority rejected or substantially deemphasized longstanding requirements and customs of judicial selection to fill all the levels of the federal courts with young, highly conservative jurists, including thirteen whom they seated after Trump had lost the 2020 election to President Joe Biden. These phenomena threatened …

Bodies On The Line: An Analysis Of Incarceration And Assassination And Their Role In Civil Rights Movements, Courtney Mason

Richmond Public Interest Law Review

The history of American civil rights is understood largely through the context of various mass movements. Most famously, the Civil Rights Movement of the 1950s and 1960s was a remarkable representation of collective action. The success of that movement becomes even more significant when considering the realities of life for Black Americans at the time. In the spirit of those movements, the 2010s and 2020s have brought about modern movements that continue to push against discrimination toward Black Americans and push for progress in the legal system. The movements each were and are met with opposition. This article focuses on …

“Their Futures, So Full Of Dread”: How Barefoot’S Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Harmon, Maren Geiger, Moana Houde-Camirand

Richmond Public Interest Law Review

Forty years ago, in its most roundly-criticized criminal procedure decision in modern history, the Supreme Court of the United States, in Barefoot v. Estelle (463 U.S. 880 (1983))—a decision premised on testimony by the responses to a hypothetical of a witness who had never directly evaluated the defendant—ruled that such testimony as to future dangerousness (testimony that had concluded there was a “100% chance” the defendant would commit more crimes if released into society) was permissible. Over a stinging dissent by Justice Blackmun, the Supreme Court ruled in Barefoot that it was not constitutional error for psychiatrists to testify that …

Stopping The Cycle Of Abuse Before It Starts: An Evaluation Of Virginia’S Domestic Violence Primary Prevention Model In Schools, Amanda Palini

Richmond Public Interest Law Review

In 1994 the United States was faced with a domestic violence epidemic that led Congress to pass the Violence Against Women Act (VAWA). The Act was passed to respond to the needs of victims, particularly women, who are at the highest risk of victimization in crimes such as domestic violence and sexual assault. While domestic violence has been recognized as an important public health problem, most services provided are focused on after-the-fact interventions rather than prevention.

Many states, including Virginia, have since created domestic violence prevention programs, added preventative requirements to their state code, and tasked their respective Departments of …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Courtney Squires

Richmond Public Interest Law Review

No abstract provided.

Free To Learn: Protecting Muslim Students In Public Schools, Case Precedent And Social Theory In The Fight To Protect Their Rights, Harold Hinds

Richmond Public Interest Law Review

In the aftermath of 9/11, anti-Muslim American sentiments surged. With social tensions escalating as a result of the ongoing Israel-Gaza war and, what many feel is xenophobic rhetoric from high profile political figures, discrimination against Muslim Americans has further grown. Muslim youth in this country have experienced acute discrimination that has the potential to make school an uncomfortable and hostile place. This article explains the different ways in which Muslim American students experience discrimination and provides a roadmap for how administrators, activists, attorneys, and advocates can use the long and storied history of American civil rights litigation to protect the …

Agricultural Labor Trafficking In The U.S.: An Exchange Network Analysis, Gary J. Kowaluk

Richmond Public Interest Law Review

Labor trafficking occurs when individuals are forced to work by force, fraud, or coercion. In the United States, agricultural labor trafficking is both widespread and underreported. It is often carried out by farm labor subcontractors, who conduct the labor trafficking on behalf of U.S. companies. Labor trafficking in U.S. agriculture continues year after year, as trafficked immigrant workers fear being further punished if they attempt to redress their workplace grievances. The H-2A visa system is designed to protect workers from labor trafficking abuses, but the system is ineffective and in need of reform. To learn more about agricultural labor trafficking …

From Community Science To Community Justice: Protecting Data Usability In Community Air Quality Monitoring Networks, Marley Manjarrez

Richmond Public Interest Law Review

Community science holds significant promise for empowering communities to address air quality disparities and advocate for policy change. However, the usability and legal defensibility of community-collected data pose significant challenges. This article argues that with the help of low-cost tools such as air quality monitors, community members can take an active role in combating the disproportionate distribution of air pollutants hidden by our current regulatory scheme. By examining the regulatory frameworks under the Clean Air Act and opportunities for procedural justice at federal, state, and local levels, the article identifies pathways for incorporating community-collected data into air quality regulation and …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Courtney Squires

Richmond Public Interest Law Review

No abstract provided.

From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott

Richmond Public Interest Law Review

Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn exponentially increases the likelihood of adult incarceration. Moreover, students with disabilities, especially students of color with learning disabilities, are often physically pushed out of their classrooms through suspensions and other harsh disciplinary policies. This is only made worse by the presence of law enforcement in schools, who treat …

“Every Child Needs A Champion”: Foster Children With Disabilities And The Appointment Of Surrogate Parents Under Idea, Cassie A. Powell

Richmond Public Interest Law Review

When a parent is absent, children in foster care who receive special education services are entitled to the appointment of a surrogate parent. This appointment is especially necessary due to the importance of the parent’s role in special education law and the often enhanced educational needs of children in foster care. However, the logistics of how surrogate parents are appointed and trained vary widely across the country. This article examines the legal landscape of the appointment of surrogate parents for children in foster care who receive special education services both nationally and in Virginia. This article also reviews the training …

The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh

Richmond Public Interest Law Review

The authors were honored to participate in a panel on “Understanding the IEP” at the Richmond Public Interest Law Review’s Symposium on October 27, 2023. The recommendations and strategies in this article are rooted in decades of combined experience and anecdotal observations from two special education attorneys and three special education advocates who serve Virginia’s children and families and help to develop appropriate Individualized Education Programs (“IEPs”) pursuant to the Individuals with Disabilities Education Act (“IDEA”). Recent criticism of Virginia’s system of special education and related services by state and federal agencies has laid bare deep-seated inconsistencies in how schools …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Symposium Editors, Nicole Evans, Erin Sweet

Richmond Public Interest Law Review

No abstract provided.

Navigating The Intersection Of Mckinney-Vento And Idea, Patricia A. Popp, Martha Crockett

Richmond Public Interest Law Review

Students with disabilities who are also experiencing homelessness face compounded challenges related to attending and participating in school. These children and youth are provided educational protection through two federal laws: the 2004 “Individuals with Disabilities Education Act” (IDEA) and the McKinney-Vento (MV) Education of Homeless Children and Youth (EHCY) program. It is the responsibility of educators, school personnel, and families to carefully navigate the dual mandates in order to ensure equitable educational opportunities, while also meeting the unique needs of each student. The purpose of this article is to offer a foundation for understanding the intersection of the two laws …

504 Plans, School Gender Policy, And Gender Dysphoria: How The Case Of Kesha T. Williams May Change Education Policy, Clifford Clapp

Richmond Public Interest Law Review

Gender dysphoria affects transgender people at significantly higher rates than other populations. In the United States Court of Appeals for the Fourth Circuit case of Kesha T. Williams v. Stacey A. Kincaid, et al., 45 F.4th 759 (4th Cir. 2022), the Court found that the Fairfax County Sheriff’s Office, in denying Ms. Williams’ hormone replacement therapy for her gender dysphoria, had violated her right to equal treatment under the Americans with Disabilities Act (ADA). The Court generally found that, despite the ADA being written with animus toward transgender people, even under that language, gender dysphoria was not excluded from protection …

Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale

Richmond Public Interest Law Review

The following article is an exploration of the intersection between special education—namely, the long-repudiated practice of removing children with moderate disabilities from general education classrooms and placing them into “self-contained” classrooms away from their peers—and the involvement of those children in the criminal legal system. The article analyzes the parallels between the “othering” effect of segregating children with disabilities in schools, and the eventual segregation from their communities that they face in juvenile detention facilities. In a juvenile justice system where a disproportionate number of its children have been diagnosed with some form of intellectual or behavioral disability, this article …