Safe At Home: Addressing Virginia's Housing Policy Concerns In A Pandemic,
2022
University of Richmond
Safe At Home: Addressing Virginia's Housing Policy Concerns In A Pandemic, Ghazala Hashmi
Richmond Public Interest Law Review
This article examines the crisis of eviction that exists in the Commonwealth
of Virginia and the ways in which the COVID-19 pandemic highlighted
the particular vulnerability of low-income and minority communities.
Zoning policies, financing practices, limitations on tenants’ rights, and other
legal structures built into the Virginia Code underscore issues of systemic
racism that exacerbate the lack of affordable housing and instability of rental
opportunities. The article provides a highlight of recent legislation passed by
the Virginia General Assembly that seeks to address some of these concerns.
First In The South: Cannabis Legalization In Virginia,
2022
NORML
First In The South: Cannabis Legalization In Virginia, Jm Pedini, Cassidy Crockett-Verba
Richmond Public Interest Law Review
In 2021, Virginia made history when it became the first state in the
South to legalize cannabis for responsible use by adults. Though legalization
is now the law of the land, which today includes personal possession
and cultivation, there remains much work to be done before Virginians are
able to legally purchase cannabis outside of the medical program. Concerns
over social equity provisions, retail sales dates, and the reenactment
clauses added during the 2021 legislative session have drastically slowed
the process of expanding the regulated marketplace to adult-use consumers.
With many key components requiring reenactment by the 2022 General Assembly …
A Year Of Monumental Change: A Review Of Virginia's 2021 General Assembly Regular And Special Sessions,
2022
University of Richmond School of Law
A Year Of Monumental Change: A Review Of Virginia's 2021 General Assembly Regular And Special Sessions, Andrew Mullen
Richmond Public Interest Law Review
Between the abolition of the death penalty and the continued fallout from
the COVID-19 pandemic, the Virginia General Assembly had a full plate of
legislative priorities in 2021. This Article will provide a summary of the major
bills that were introduced, passed, or that failed during the 2021 Regular
and Special Sessions. The other articles within this issue cover the following
topics in depth: reproductive justice, criminal justice legal reform, housing
policy concerns during the pandemic, cannabis legalization, and environmental
justice. This Article summarizes legislation grouped in the following
parts: I. Civil and Criminal law, II. Education, III. Labor and …
Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform,
2022
University of Richmond
Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie
Richmond Public Interest Law Review
During the 2021 Session and 2021 Special Session, Virginia took steps to
restore the balance between individuals ensnared in the criminal legal system
and the government. These new laws allow people who are involved in
the criminal legal system to emphasize their humanity and to hold the government
to its various burdens at all stages of the case, including pre-trial,
trials, sentencing, and appeal. This article discusses four of the most important
changes to Virginia law that ensure a more level playing field between
the government and the accused.
First, eliminating the presumption against bail challenges the government’s
power of …
Access Is Everything - Post Rhpa Virginia - What's Next? The Case For Rhea And Other Matters,
2022
University of Richmond
Access Is Everything - Post Rhpa Virginia - What's Next? The Case For Rhea And Other Matters, Galina Varchena, Margie Del Castillo
Richmond Public Interest Law Review
Virginia has taken positive forward steps to liberalize its abortion legislation,
bringing it closer in line with medical science and common sense. However,
accessing abortion care remains difficult for many, and additional legislative
measures are necessary to make the full range of reproductive
healthcare accessible for all, regardless of immigration status, race, gender,
income, or geography. The Reproductive Equity Healthcare Act, a bill modeled
in part on its Oregon namesake, is the next logical step forward towards
making reproductive justice a reality for all Virginians. While the details of
the final bill may vary, there are fundamental pillars that reproductive …
A Legal Update On Environmental Justice In Virginia: Where Are We Now?,
2022
Gentry Locke
A Legal Update On Environmental Justice In Virginia: Where Are We Now?, Jasdeep S. Khaira, Patrice Lewis, Abigail Thompson, Scott Foster
Richmond Public Interest Law Review
Environmental justice (“EJ”) is rapidly evolving in Virginia while people
are still trying to understand what EJ actually means. As a result, regulators
are unsure of how to incorporate environmental justice in their decisionmaking
process while the regulated are uncertain of how to proceed in the
ever-changing political, social, and regulatory landscape. This article gives
an overview of EJ’s evolution in Virginia, synthesizing notable environmental
justice legal decisions; providing supplementary research on environmental
justice studies, workgroups, and reports; and offering several predictions
on EJ’s fate in the Commonwealth.
Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act,
2022
University of Washington School of Law
Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, Carly E. Zipper
Washington Law Review
As John Lewis said, “[the] vote is precious. Almost sacred. It is the most powerful non-violent tool we have to create a more perfect union.” The Voting Rights Act (VRA), likewise, is a powerful tool. This Comment seeks to empower voters and embolden their advocates to better use that tool with an improved understanding of its little-known protection against voter intimidation, section 11(b).
Although the term “voter intimidation” may connote armed confrontations at polling places, some forms of intimidation are much more subtle and insidious—dissuading voters from heading to the polls on election day rather than confronting them outright when …
Analysing The Constitutionality Of Executive Action Under Articles 14 And 15 In Singapore – Theoretical And Doctrinal Perspectives,
2022
Singapore Management University
Analysing The Constitutionality Of Executive Action Under Articles 14 And 15 In Singapore – Theoretical And Doctrinal Perspectives, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Articles 14 and 15 of the Singapore Constitution enshrine the rights to free speech, religious freedom, and other related rights in Singapore. These provisions also set out the circumstances under which these rights may be restricted. Notably, however, these provisions are directed at legislativerestrictions. The question is how they are applicable to executive action. This paper suggests that there are two possible means by which one can assess the constitutionality of executive action under Articles 14 and 15 in Singapore – the jurisdictional and substantive approaches – and demonstrates that evidence of both approaches can be found in Singapore law. …
Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General,
2022
Singapore Management University
Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal has for the first time in The Online Citizen v The Attorney-General (8 October 2021) adjudicated on the constitutionality of correction directions issued by Ministers against allegedly false statements of fact under the Protection from Online Falsehoods and Manipulation Act 2019. An overarching framework was utilised to assess whether the Ministerial directions restrict free speech under Article 14(1)(a) of the Constitution; if so, whether the restrictions are justifiable under the Constitution and whether there is a rational nexus between the statutory aims and enumerated exceptions. This case comment also examines the constitutional stance towards subject …
Tiny Homes: A Big Solution To American Housing Insecurity,
2022
Texas A&M University School of Law
Tiny Homes: A Big Solution To American Housing Insecurity, Lisa T. Alexander
Faculty Scholarship
“There’s no place like home,” said Dorothy. Yet, millions of people in the United States may face eviction, foreclosure, or homelessness in 2021 and beyond. America is on the brink of an unprecedented housing crisis in the wake of Covid-19. The federal government, and various states and localities, have taken actions to avert a housing crisis in the aftermath of Covid 19. While these actions have undeniably helped mitigate widespread foreclosure and eviction crises, they do not fully address the more fundamental American housing challenge—an inadequate supply of affordable housing at all income levels, a longstanding problem that Covid-19 has …
The Un Security Council And The Saga Of “Global Legislation”,
2022
U.S. Naval War College
The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra
International Law Studies
The release of the UN Security Council from the “veto chains” that characterized the Cold War has led it to intensively engage in a wide spectrum of conflicts and issues. This expanded activity has peaked around its “global legislation” attempts. Although often used in the legal literature, this term is vague and contested. Scholarly work occasionally discusses the Council’s alleged global legislation, but without initially offering a proper working definition of the term. Arguments both for and against are frequently laid incoherently and can roughly be divided into two types: those assessing the Council’s authority to engage in global legislation, …
Good Governance And Civil Service Reform In Egypt,
2022
The American University in Cairo AUC
Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib
Theses and Dissertations
Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …
P*Law 2022,
2022
Yeshiva University, Cardozo School of Law
P*Law 2022, Center For Public Service Law
2021–2022 Flyers
This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health,
2022
University of Tennessee College of Law
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health, Paul Mclaughlin
Scholarly Works
This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …
Liability For Use Of Artificial Intelligence In Medicine,
2022
University of Michigan Law School
Liability For Use Of Artificial Intelligence In Medicine, W. Nicholson Price, Sara Gerke, I. Glenn Cohen
Law & Economics Working Papers
While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving health-care providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability: individual health-care providers, focused on physicians; institutions, focused on hospitals; and developers.
Democracy At Risk: Domestic Terrorism And Attack On The U.S. Capitol,
2022
Seattle University School of Law
Democracy At Risk: Domestic Terrorism And Attack On The U.S. Capitol, Lawrence J. Trautman
Seattle University Law Review
The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the Capitol Building. It is now known that at least 138 law enforcement officers suffered from or received burns, concussions, rib fractures, heart attack—and at least five deaths are attributed to this insurrection. More than 725 individuals are subsequently charged for their role in this …
Michigan's Groundwater And The Public Trust Doctrine,
2022
University of Michigan Law School
Michigan's Groundwater And The Public Trust Doctrine, Shay Elbaum
Law Librarian Scholarship
In March, legislators introduced a package of bills in the Michigan House of Representatives that would apply the public trust doctrine to the state’s groundwater. But what is the public trust doctrine and why does it matter if it applies to Michigan groundwater? This column provides an overview of the public trust doctrine and its application to groundwater, a summary of the bills now being considered, and resources for tracking their progress.
The New Major Questions Doctrine,
2022
University of Michigan Law School
The New Major Questions Doctrine, Daniel Deacon, Leah Litman
Law & Economics Working Papers
This article critically analyzes significant recent developments in the major questions doctrine. It highlights important shifts in what role the majorness of an agency policy plays in statutory interpretation, as well as changes in how the Court determines whether an agency policy is major. After the Supreme Court’s October 2021 term, the “new” major questions doctrine operates as a clear statement rule that directs courts not to discern the plain meaning of a statute using the normal tools of statutory interpretation, but to require explicit and specific congressional authorization for certain agency policies. Even broadly worded, otherwise unambiguous statutes do …
No New Tax Cuts? Examining The Rescue Plan's New State Tax Limits,
2022
Office of Legal Counsel
No New Tax Cuts? Examining The Rescue Plan's New State Tax Limits, Conor Clarke, Edward G. Fox
Law & Economics Working Papers
In this article, Clarke and Fox examine the American Rescue Plan Act’s restrictions on state tax cuts, arguing that the restrictions are a variation on more familiar maintenance-of-effort provisions. These provisions are common, and are designed to help ensure that federal grants supplement rather than supplant state spending by requiring the state to maintain its level of spending on a program. Clarke and Fox conclude that the Rescue Plan’s requirements create similar incentives, and argue that the similarity makes it more likely that the act’s tax provisions are consonant with the Constitution’s spending clause.
Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”,
2022
University of Washington School of Law
Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer
Articles
An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather than a workable theory or standard for deciding constitutional law cases. This article discusses the history and use of “unconstitutional beyond a reasonable doubt,” …
