Public Law and Legal Theory Commons^™

Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.

Maine Law Review

The Second Annual Frank M. Coffin Lecture on Law and Public Service was held on October 7, 1993. Professor Arthur M. Schlesinger, Jr. presented "Multiculturalism and the Bill of Rights."

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.

They Say Emotional Support Dog, We Say Service Dog: Why The Americans With Disabilities Act Should Recognize Emotional Support Dogs As Service Animals, Chelsea Hernandez-Silk

Richmond Public Interest Law Review

This article explores the laws surrounding emotional support animals. Specifically, the author analyzes the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act. This article proposes that emotional support animals should be recognized under federal legislation because they perform specific tasks. Further, the author contends that greater awareness of the benefits of emotional support animals will alleviate public health and safety concerns.

Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan

Richmond Public Interest Law Review

This comment focuses on the racial discrimination that currently exists in the process of plea-bargaining. The author suggests an approach aimed to mend the widespread racial discrimination. Particularly, the author details why mandatory implicit bias trainings for prosecutors would benefit defendants. Implicit bias trainings would benefit the criminal justice system as a whole because they would bring awareness to the issue and give prosecutors the knowledge they need to act justly in the plea-bargaining process.

The Nature Of The Judicial Process: A Complex Systems Analysis Of Checks & Balances & Separation Of Powers In The Present Political Context, Marvin L. Astrada

Richmond Public Interest Law Review

Justice Cardozo’ s prescient inquiry in The Nature of the Judicial Process nearly a century ago merits revisiting and analysis in light of the present political climate. Under the new administration, the Executive Branch has characterized a judicial opinion from the U.S. District Court of Hawaii’ s as emanating from “an island in the Pacific,” suggested the 9th Circuit Court of Appeals should be fragmented, and subjected judges who disagree with the constitutionality of the administration’ s immigration policies to ridicule, vilification, or disparagement. When contemplating the nature of the judicial process, it is time to reassess the courts' systemic …

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Alexandra Ellmauer

Richmond Public Interest Law Review

No abstract provided.

The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine

Richmond Public Interest Law Review

This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.’s untimely assassination in April 1968. It highlights some of King’ s most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King’ s famed Letter From Birmingham Jail—written during his April 1963 incarceration in Birmingham, Alabama, for deliberately refusing to follow what he morally deemed to be an “unjust law”—was predicated on the biblical foundation of civil disobedience exemplified in the famed story of Shadrack, Meshack, and Abednego, the …

Fostering Futures In Virginia: Why Is It Needed And What Does It Add To Existing Programs?, Karen E. Dottore

Richmond Public Interest Law Review

This article addresses the large population of foster children over the age of 13 who have the same need for stable outcomes as younger foster children. Older foster children face a greater challenge in achieving a stable outcome because of their age. With this challenge comes a greater likelihood of homelessness and involvement in the criminal justice system. This article examines the various programs in Virginia designed to address the challenges faced by older foster children, and particularly, a new program called Fostering Futures, which provides greater support specifically to older foster children.

Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny

Richmond Public Interest Law Review

This Prosecuting those accused of domestic violence presents an array of challenges for prosecutors. These crimes are frequently a he-said, she-said situation with minimal physical evidence. This puts a heavy weight on victim testimony in order to obtain a conviction. Unfortunately, many victims refuse to testify at the outset, agree to testify then change their minds, or do not show up for the court date. Without that testimony, prosecutors will often drop the charges against an accused, possibly putting the victim at risk of another episode of violence.

Justice Scalia opened the door to the possibility of a prosecutor being …

Impact Of 2001 - 2016 Supreme Court Establishment Clause Cases, Nicole Cumming

Honors Theses

This study will look at United States Supreme Court Establishment Clause cases from 2001-2016. During those 16 years, the Court decided 1,276 cases. Only 10 of those cases dealt with the establishment clause.

At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, which existed in many other countries at the time of America's founding. This idea has become vital to the values Americans hold dear. Throughout history, religious freedom and tolerance have been celebrated, and most of that is due to the Establishment Clause. However, there is …

Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon

University of Richmond Law Review

The U.S. Constitution parcels "legislative," "executive," and "judicial" powers among the separate branches of the federal government, but leaves those powers undefined. Accordingly, characterizing exercises of power becomes an important threshold inquiry in separation-of-powers disputes. This symposium Essay canvasses four competing judicial approaches to the characterization of power: functional inquiry; identity-of-the-officer formalism; historical induction; and skepticism. In this area, Justice Scalia's formalism has been particularly influential but created considerable tension with original public meaning originalism. This Essay explains how Scalia's formalism led to his embrace of delegation and concludes by cautioning against judicial oversimplification in the characterization inquiry.

Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald

Maine Law Review

The Third Annual Frank M. Coffin Lecture on Law and Public Service was held on September 28, 1994. The Honorable Patricia M. Wald, Judge, United States Court of Appeals for the District of Columbia, presented “Whose Public Interest Is It Anyway?: Advice for Altruistic Young Lawyers.”

Justice Edward Godfrey And The "Public Purpose" Decision, Orlando E. Delogu

Maine Law Review

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.

Identity-Based Conflicts In Public Policy: The Case Of Hydraulic Fracturing Policy In Pennsylvania, Alison Peck

Law Faculty Scholarship

Americans are experiencing a communication crisis in public policy-a crisis that has become especially acute since the November 2016 elections. Research shows that Americans increasingly treat their policy views as constitutive of their identities and separate themselves from other groups based on these identities. New solutions are needed in the lawmaking process to soften participants' hardening of their own identities and negative characterizations of other groups. This Article studies one controversy that has proven to be entrenched, if not yet intractable, in many jurisdictions: hydraulic fracturing. The Article examines advances made by scholars of conflict resolution and peace and conflict …

The People Against The Constitution, Aziz Z. Huq

Michigan Law Review

A review of Jan-Werner Müller, What Is Populism?.

Some Theoritical Issues Of Modern Teaching Methods Of Civil Law, Sh.N. Ruzinazarov

Review of law sciences

This article discusses the aspects of the theory and practice of teaching methodology of civil law disciplines, tendences of developing contemporary legal education, scientific-inovative approaches in this sphere, high competence of teachers in legal education and problematic-purposeful issues of legal pedagogics in the process of training highly qualified cadres in legal field of our country

The Role Of Environmental Legal Awareness In Exercising Citizens' Right To A Favorable Environment, M.K. Najimov

Review of law sciences

The article analyzes the role of environmental legal awareness in the realization the rights of citizens to a favorable environment, also the issues of enhancing organizational and legal foundations of forming the environmental legal awareness.

Role Of The Constitutional Court Of The Republic Of Uzbekistan In Interpretation Of Legal Norms, M.M. Abdullayeva

Review of law sciences

the article analyzes the legal position of the Constitutional Court of the Republic of Uzbekistan in comprehending the modern realities, the essence of adopted normative-legal acts, law enforcement practice, and the role and significance of constitutional appeals. Due to the results of the study, scientifically substantiated proposals and recommendations on improving this sphere were suggested.

Civil Society Of Uzbekistan In The Conditions Of Radical Transformations, I.V. Kudryatsev

Review of law sciences

The article focuses on formation processes of bases of civil society in the Republic of Uzbekistan, further development of non-state non-profit organizations and ensuring their activity