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Public Law and Legal Theory Commons

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2018

Richmond Public Interest Law Review

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Articles 1 - 18 of 18

Full-Text Articles in Public Law and Legal Theory

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 Apr 2018

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 Apr 2018

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.


Letter From The Editor, Alexandra Ellmauer Apr 2018

Letter From The Editor, Alexandra Ellmauer

Richmond Public Interest Law Review

No abstract provided.


Fostering Futures In Virginia: Why Is It Needed And What Does It Add To Existing Programs?, Karen E. Dottore Apr 2018

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.


The Nature Of The Judicial Process: A Complex Systems Analysis Of Checks & Balances & Separation Of Powers In The Present Political Context, Marvin L. Astrada Apr 2018

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 ...


Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny Apr 2018

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 ...


The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine Apr 2018

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 ...


Table Of Contents Apr 2018

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz Mar 2018

2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz

Richmond Public Interest Law Review

No abstract provided.


The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro Mar 2018

The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro

Richmond Public Interest Law Review

In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence ...


The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan Mar 2018

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Richmond Public Interest Law Review

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.


Table Of Contents Mar 2018

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.


Letter From The Editor, Brandon Bowers Mar 2018

Letter From The Editor, Brandon Bowers

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Keynote Address, Shahan Mufti Mar 2018

2017 Symposium Keynote Address, Shahan Mufti

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa Mar 2018

2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy Mar 2018

2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro Mar 2018

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.


Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan Mar 2018

Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan

Richmond Public Interest Law Review

Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U ...