Public Law and Legal Theory Commons^™

Letter From The Editor, Elizabeth F. Richer

Richmond Public Interest Law Review

No abstract provided.

"I Don't Work For Free": The Unpaid Labor Of Child Social Media Stars, Amber Edney

University of Florida Journal of Law & Public Policy

Today, some of the biggest child stars are not getting their start on the silver screen. Instead, they are finding success through their (or their parent’s) smartphones. The explosion of social media over the past few years has created a new type of child star: the kid influencer or “the kidfluencer.” These children appear alone or alongside their families to discuss child’s clothing, toys, and other family-related topics. If they gain enough followers, they may be able to monetize their social media accounts and obtain sponsorships from big brands such as Walmart and Mattel. Even though the method of achieving …

Splitting Heirs: How Heirs' Property Continues The Legacy Of Challenges To The Accumulation Of Wealth For Black Americans, Ryan Cook

University of Florida Journal of Law & Public Policy

When people die without executing estate planning instruments, their real property is divided to their heirs as tenants in common. Property owned in this arrangement is called heirs’ property. The issues associated with heirs’ property are compounded when several generations pass without proper estate planning, and interest in the real property becomes highly fractionated. African Americans are more likely to die without wills, so the risks of heirs’ properties are disproportionally felt by people of color. One threat to heirs’ property arises when third parties buy out one heir’s share to force a partition sale. The Uniform Partition of Heirs …

Minimum Wage Enforcement: The Unfinished Business Of Florida's Constitutional Amendment, Alexis P. Tsoukalas, Jenn Round, Janice Fine, Daniel J. Galvin

University of Florida Journal of Law & Public Policy

Prior to 2004, Florida was one of seven states without its own minimum wage. In 2004, state voters overwhelmingly passed a ballot initiative that enshrined the right to a state minimum wage in Florida’s Constitution. In 2020, voters passed a second ballot initiative that gradually raises Florida’s minimum wage to $15 per hour. Despite bipartisan voter support, the Authors found that since 2004, the State has taken no formal actions to enforce Florida’s minimum wage law. Further, the Authors’ analysis of U.S. Census data demonstrated that amid the failure of State enforcement, minimum wage violations rose dramatically, disproportionately impacting women, …

Specialized Judicial Empowerment, Zhiyu Li

University of Florida Journal of Law & Public Policy

Specialized courts have emerged as a useful addition to courts of general jurisdiction in the contemporary world. These courts allocate judicial resources by assigning complex and technical cases to specialized judges and resolve social problems through legal and nonlegal remedies. Countries around the world recognize the benefits of entrusting a specialized judiciary in alleviating generalist courts’ dockets, delivering high-quality judgments, and advancing the consistency of law. In the United States, specialized benches have been established at both the federal and state levels. In recent decades, Europe has also experienced steady growth in judicial specialization.

In 2014, the People’s Republic of …

Protecting And Preserving The Dead: Georgia Cemetery Law And Sea Level Rise, Hunt Revell

University of Florida Journal of Law & Public Policy

Georgia coastal cemeteries are one of many facets of modern life that are at-risk due to the sea level rise—and its increased erosion, flooding, and storm surge—brought on by climate change. The unique historical development and property rights associated with the graveyard require investigation to better understand the opportunities available for environmental mitigation and cemetery relocation. Georgia law, like the law in many states, includes statutes regulating modern “perpetual care” cemeteries, as well as older “abandoned” cemeteries. The statutory factors and requirements for disinterment and relocation require careful analysis and thoughtful planning. Common law in the state also sheds light …

Civil War Ii: The Consitutionality Of California's Travel Bans, Beckett Cantley, Geoffrey Dietrich

University of Florida Journal of Law & Public Policy

California, along with a few other states leaning toward the liberal side of America’s political system, enacted a series of laws banning state-funded or state-sponsored travel to other states identifying more as conservative. While other states enacted these mandates through gubernatorial executive orders, California legislated its ban. Multiple states have attempted Supreme Court challenges to California’s law under the Court’s Article III original jurisdiction. Yet, the Court twice declined the opportunity to hear the issue. Justice Thomas and Justice Alito wrote extensive dissents against the majority’s rejection, arguing that the Court must exercise its jurisdiction in controversies between the states. …

Innovation Policy And Chronic Emergencies, Robert Burrell, Catherine Kelly

Vanderbilt Journal of Entertainment & Technology Law

The COVID-19 pandemic has thrust the potential role of the state as a driver of scientific innovation onto center stage. Vaccines have been developed and brought to market in a timescale that seemed almost impossible when the crisis first struck. The pivotal nature of government intervention in this crisis has added to calls from academics and policy makers to adopt a more proactive, mission-oriented approach to innovation policy to tackle other key global challenges.

This Article considers the merits of these calls and argues that an important distinction must be drawn between what this Article terms acute and chronic emergencies. …

Nondelegation In The States, Benjamin Silver

Vanderbilt Law Review

American public law is on the precipice of a nondelegation revival. Yet scholars have largely ignored the greatest wellspring of American nondelegation law: that of the states. As a result, the nondelegation literature is badly in need of a broad and deep examination of state nondelegation. This Article takes up that task by describing the kaleidoscope of contexts in which states apply the nondelegation doctrine. Significantly, state nondelegation reaches deep into public law and covers far more than the legislature-to-agency delegations that preoccupy the discussion at the federal level. This Article analyzes this mess of state nondelegation jurisprudence, arguing that …

Letter From The Editor, Eudora F. S. Arthur

Richmond Public Interest Law Review

No abstract provided.

Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline, Samantha D. Mier

Richmond Public Interest Law Review

Parents struggling to raise challenging children often lack needed community

support. These parents turn to law enforcement when they feel their

child cannot be controlled. Problematically, law enforcement officers are

trained to respond to crime, not simple parent-child domestic disputes. Thus,

when parents call police during disagreements, the argument may end in arrest

and contact with the juvenile court system. Interaction with the juvenile

justice system carries a myriad of risks. This comment outlines the risks inherent

in calling the police and entering the juvenile court system. The author

evaluates existing alternatives to calling law enforcement and recommends

that communities …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour

Richmond Public Interest Law Review

Racism is a public health crisis and it is killing Black youth. Systemic racism

in education is a root cause of a long list of inequities faced by Black

youth. These inequities compound over the years and create extreme hurdles

to academic success and, in many cases, are hazardous to overall health.

The school-to-prison pipeline is a severe health equity issue affecting

Black children and adolescents. Racism is a core social determinant of health

that has a profound impact on child and adolescent health. Moreover, health

is not just an individual matter; institutional and structural forces influence

who has access …

Appendix G: April 2 University Wide Email From President Crutcher

Richmond Public Interest Law Review

No abstract provided.

Prefatory Matter: Symposium 2021, Eudora F. S. Arthur

Richmond Public Interest Law Review

No abstract provided.

Letter From The Black Law Student Association President, Courtni M. Weaver

Richmond Public Interest Law Review

No abstract provided.

Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky

Richmond Public Interest Law Review

A School Resource Officer (“SRO”) is a law enforcement officer employed

by local law enforcement agencies to provide security to public schools. As

a result of fatal and highly publicized school shootings such as Columbine

and Parkland, SROs have become a fixed aspect of many school communities.

There are tens of thousands of SROs patrolling the halls of Virginia’s

public elementary and secondary schools every year. Despite their intended

purpose to keep students safe and prevent crime, SROs too often contribute

to the school-to-prison pipeline. When SROs are brought into the classroom

to address “disruptive” behaviors, students are at an …

Appendix A: February 25 Institutional History Email From President Crutcher

Richmond Public Interest Law Review

No abstract provided.

Appendix B: Protect Our Web: A Statement On Black Student Welfare

Richmond Public Interest Law Review

No abstract provided.

Appendix C: March 17 Response To Bsc Statement Email From President Crutcher

Richmond Public Interest Law Review

No abstract provided.