Public Law and Legal Theory Commons^™

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

A Virtual Reality: Preserving The Right To Appear "In Person" Before An Administrative Separation Board, Jeffrey Janaro, Christopher Clifton

Richmond Public Interest Law Review

Prior to the COVID-19 pandemic, courts and government agencies utilized

video teleconference (“VTC”) technology to conduct trials and hearings in

limited settings. However, as the pandemic progressed, a number of these

adjudicative bodies began to rely more heavily on VTC, and at least one military

service sanctioned the use of VTC to conduct administrative separation

proceedings. The administrative separation process is routinely used as an

employment action to separate military members from an armed service. Due

to its speed and efficiency, military commanders often elect to use the administrative

separation process over the more rigorous court-martial procedure

to effect good …

Letter From The Editor

Richmond Public Interest Law Review

No abstract provided.

Sparking A Movement: A Coordinated, Bottom-Up Approach To Increase Voluntary Pro Bono Service And Mend The Justice Gap, David W. Lannetti, Jennifer L. Eaton

Richmond Public Interest Law Review

For decades, the legal profession has tried and tried again to increase pro

bono representation and reduce the ill effects of the Justice Gap. A common

and increasing theme has been a top-down approach focused on laudable

platitudes, jurisdictional reporting policies, and aspirational guidelines to

inspire attorneys to voluntarily serve low-income Americans. These efforts

have enjoyed very little success, however, and with the Justice Gap only getting

worse, a new solution is needed. This Article shifts the focus away from

these top-down methods and mandates, which lack accountability and incentives,

to a bottom-up approach that offers a more viable solution …

Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell

Richmond Public Interest Law Review

In a series of decisions concerning child defendants, the United States Supreme

Court has embraced the understanding, based on adolescent brain

development, that the legal system must recognize children are different than

adults concerning criminal culpability and sentencing. That recognition, culminating

in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity

for thousands of individuals across the country, initially sentenced

to death-in-prison sentences when they were minors, to gain a meaningful

opportunity for release. These cases permanently banned mandatory life sentences

for children. In Virginia, the legislature now allows reconsideration

of these cases through hearings before the parole …

Unionizing In The Chambers Of Government, Louis Cholden-Brown

Richmond Public Interest Law Review

As overall union membership stagnates nationwide due to the contraction

of traditionally unionized industries, labor organizations have made historic

inroads into new, highly volatile employment sectors, including digital media,

tech, political campaigns, and the gig economy. One such sector that

has seen new life is state and local legislative employees. Excluded from coverage

by the National Labor Relations Act, legislative employees have been

subject to disparate labor rights, job protections, and terms and conditions

of employment across and within states. While efforts to secure collective

bargaining rights for this sector have occurred over the past twenty-five

years, the simultaneous yet …

Public Charge Grounds For Inadmissibility: Impact On Noncitizen Health Insurance Coverage, Madeline M. Culbreth

Richmond Public Interest Law Review

The public charge rule is an ongoing barrier to health insurance for lawfully

present immigrants and ought to be removed. Healthcare coverage for

immigrants is a critical aspect of the country’s health care scheme. Recent

changes to the United States’ immigration policy are contributing to growing

fears among immigrant families about participating in Medicaid and CHIP.

The most effective solution is to permanently alter the Immigration and Nationality

Act. Congress should expressly exclude health insurance from being

considered in the public charge grounds for inadmissibility.

More Money, Fewer Problems: A Post-Alston V. Ncaa Approach To Reducing Gender Inequities In Sports, Kelley L. Flint

Richmond Public Interest Law Review

In 2021 over the span of a few months, amateurism, the foundation of the

National Collegiate Athletic Association was challenged and redefined. Following

the passage of “name, image, and likeness” laws at the state level

and an unfavorable Supreme Court ruling, the NCAA’s structure has been

forced to evolve. These changes have opened up possibilities for college athletes

to monetize their playing in a model that is not based on viewership or

revenue sharing. Serious equity gaps between men’s and women’s sports

continue to exist, predicated on which sports generate the most money. While

not a holistic solution, name, image …

This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron

Richmond Public Interest Law Review

This article utilizes an intersectional approach to examine the causes and

realities of the dismal state of pregnancy-related healthcare in the United

States, highlighting the disparate impact on Black pregnant people. The

enslavementand brutalization of Black women in the U.S. demonstrates how

American society systematically devalues Black health, especially reproductive

health. The impacts of this horrific history persist today, resulting in the

American healthcare system utterly failing Black mothers and pregnant people

of all gender identities. This article surveys this history and presents policy

solutions to improve maternal health outcomes for all, but especially

Black individuals, including proposed pieces …

Overview Of Bicameral Legislatures’ Potential Impact On The Executive Selection Process, Kyle Kopchak

Indiana Journal of Constitutional Design

Bicameral legislature is a common constitutional design model, with bicameral legislatures making up roughly 41 percent of all legislatures worldwide. As of April 2014, 79 bicameral and 113 unicameral systems were recorded in the database of the Inter-Parliamentary Union. In general, “bicameralism is more common in federal, large, and presidential states, while unicameralism is more common in unitary, small, parliamentary ones”. Bicameral systems operate two legislative chambers, both of which play a role in drafting and passing national legislation. However, each house often fulfills a unique role in the legislative process and is usually elected by different methods. Proponents of …

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade

Sustainable Development Law & Policy

No abstract provided.

Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach, Taylor Goelz

Sustainable Development Law & Policy

No abstract provided.

Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000, Philip Killeen

Sustainable Development Law & Policy

No abstract provided.

“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation, Angela Washington

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Keanu Bader, Alexis Bauman

Sustainable Development Law & Policy

No abstract provided.

Endnotes

Sustainable Development Law & Policy

Endnotes

Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire

Sustainable Development Law & Policy

Introduction

The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.

Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …