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The Legislative Graveyard: A Review of Virginia\u27s 2022 Regular General Assembly Session
Get PDFIn 2019, Democrats won a majority in the House of Delegates and the Senate, and the Commonwealth was led by a Democratic Governor. The Democrats’ majority trifecta, which they had obtained for the first time since 1992, was once again lost on November 2, 2021, when Virginians voted to renew the Republican leadership in the Office of the Governor and in the House of Delegates. Under this once again bifurcated, yet unusually polarized, assembly, legislators on either side of the political aisle faced an uphill battle getting legislation passed, with the majority of bills ending in a stalemate. As a result, the 2022 General Assembly Session is better defined by what did not happen, as opposed to what did. This article briefly surveys the most prominent bills laid to rest in this year’s “legislative graveyard,” in ten key areas of law: education, environment, criminal justice, housing, transportation, voting, taxation, healthcare, firearms, and Virginia culture and history
Individual Funding: A Policy Solution to Family Abuse in Rural Areas Impacted by the COVID-19 Pandemic
Get PDFIntimate partner violence is an issue in the United States experienced by more than one in three women. This article addresses the topic of intimate partner violence and the factors contributing to the perpetuation of abuse. It focuses on how these factors manifest in rural areas and in the context of the COVID-19 pandemic, which increased isolation and economic abuse. This article explores policies currently used to combat intimate partner violence in these contexts. The current acts, including the Victims of Crime Act (VOCA), the Family Violence Prevention and Services Act (FVPSA), and the Violence Against Women Act (VAWA), expressly prohibit the allotment of monetary entities directly, requiring victims to connect with government- funded programs to receive aid in the form of funding. This article proposes distributing individual, unrestricted funding to the victim rather than through an agency receiving funding from other government sources
How California\u27s Racial Justice Act of 2020 Protects Criminal Defendants from Racial Discrimination and Why the Equal Protection Clause is Not Enough
Get PDFThe Equal Protection Clause should prevent racial discrimination in the criminal legal system, yet Black people and people of color are disproportionately arrested, prosecuted, and incarcerated in the United States. This is partially due to the heavy evidentiary burden required to demonstrate an Equal Protection violation and the failure of the Supreme Court to ease that burden in McCleskey v. Kemp. With federal law largely ineffective, states such as California have passed legislation to provide more robust civil rights protections. This article explores how the Equal Protection Clause fails to provide a remedy for criminal defendants who experience racial discrimination in the criminal legal system, and how the California Racial Justice Act of 2020 provides an avenue for reform
The NIL Glass Ceiling
Get PDFName, image, and likeness (“NIL”) produced nearly $1 billion in earnings for intercollegiate athletes in its inaugural year. Analysts argue that the shockingly high totals result from disproportionateinstitutional support for revenue-generating sports.
Although NIL earnings have soared upwards of eight figures to date, first-year data reveals that significant gender disparities exist. Such disparities raise Title IX concerns, which this Article illustrates using a hypothetical university and NIL collective. As such, this Article reveals how schools can facilitate gender discrimination through NIL collectives, contrary to Title IX. Although plainly applicable to NIL transactions in which schools are involved, Title IX’s current regulatory scheme did not anticipate, nor does it mention NIL. This ongoing omission has produced confusion regarding Title IX’s applicability, especially as it relates to NIL financed by third parties. Accordingly, this Article argues that Title IX should be modernized to explicitly address NIL and offers several recommendations for doing so
Dementia and Concurrent Consent to Sexual Relations
No full textPhilosophers have become newly interested in the ethics of sex. One promising feature of this new discussion is that it has been broadening our moral lens to include individuals whose sexual interests have historically been denied or ignored. One such group is the elderly. Contrary to popular belief, many elderly people want to have sex and see it as a regular part of their lives. If society harbors ignorance about or prejudice against elderly sexuality, it harbors stronger views against the sexual expression of elderly people with dementia. People with dementia are often prohibited by nursing-home staff, sometimes in extreme ways, from having sex with their partners. This prohibition is at least partly motivated by the goal of protecting the vulnerable. However, cutting people with dementia off from sex has negative health effects and is a needless restriction of their autonomy. In this article, I argue that the expanding moral lens in sexual ethics should include the sexual expression of elderly individuals with dementia and that their sexual expression should be respected. Specifically, I argue that many people with dementia are competent to consent to sexual activity with their long-term partners
