“New Virginia Law Can Have a Positive Effect on Those Facing Eviction”

By: Albert Gutierrez The eviction situation in Virginia is highly unsettling. In 2016, five of the top ten cities with the highest eviction rates were located in Virginia.[1] The list included cities such as, Richmond, Hampton, Newport News, Norfolk, and Chesapeake.[2] Richmond, in particular, was second in the nation, where roughly 1 in 9 renters faced eviction each year.[3] With eviction numbers skyrocketing throughout Virginia … Continue reading “New Virginia Law Can Have a Positive Effect on Those Facing Eviction”

Removing Credit History from the Rental Applicant Screening Process

By: Kaylin Cecchini Evaluating credit history in determining whether a rental applicant will be a “good tenant” is a relic of a racist history in housing accessibility. Credit reports have little to no predictive value for any person but have even larger and compounding complications for people of color.[1] Access to housing is a necessary foundation for achieving other goals related to food security, employment … Continue reading Removing Credit History from the Rental Applicant Screening Process

We Don’t Protect Student Speech As Much As We Think: Where Tinker Falls Short

By: Elizabeth Vanasse When discussing the rights of students to enjoy free speech, the frequently cited case is Tinker v. Des Moines Independent Community School District.[1] This case is heralded as the “high-water mark” of students’ rights to freely express themselves and to enjoy constitutional rights in the school-building.[2] However, the reality of Tinker is that its most progressive statement of student freedom is only … Continue reading We Don’t Protect Student Speech As Much As We Think: Where Tinker Falls Short

Why Attachment Theory Should Play a Larger Role in the Courtroom

By: Kira Davis The “best interests of the child” has become the fundamental consideration in family courts.[1] In order to determine what is in the child’s “best interests” when deciding custody arrangements, courts consider multiple factors.[2] These factors include the child’s age, which party can continue to provide the child’s current routine, and which party is able to meet the child’s physical needs, among others.[3] … Continue reading Why Attachment Theory Should Play a Larger Role in the Courtroom

Recent SCOTUS decision may open-or close- the door for State Tort Climate Claims

By Pablo Grijalva On April 22, 1970, 20 million Americans protested for environmental reforms[1]. About eight months later, the Environmental Protection Agency (EPA) was established, a new era of protecting land and waterways that the public can benefit from and enjoy.  Now in 2021, Greenhouse Gas Emissions are at their highest recorded levels[2], and we continue to see a rise in extreme weather events[3] causing … Continue reading Recent SCOTUS decision may open-or close- the door for State Tort Climate Claims

Virginia’s Probation Reform: First Step

By: Teresa Sun One of the clients at the Warrenton Public Defenders, Mr. M, a big guy in his 50s, broke into tears when his attorney explained to him that per the most recent legislative change, he may not have to go back to jail for his most recent probation violation. Mr. M served one-year in prison for a drug possession charge, still had two-and-a-half … Continue reading Virginia’s Probation Reform: First Step

Governance on Zoom: Electronic Meetings and Public Participation during COVID-19

By: Callie Keen For many years, meetings of local and state public bodies – from school boards to city councils to state legislatures – have been hallmarked by engagement with interested citizens.[1] At these meetings, members of the public can closely watch the proceedings and offer their perspectives on proposals and community problems.[2] However, as COVID-19 swept through the United States, public bodies could no … Continue reading Governance on Zoom: Electronic Meetings and Public Participation during COVID-19

The Future of the New Safe Harbor Statute in Virginia

By: Jenny HernandezAustria You look outside your window and see your neighbor acting strange. He is out on the street walking erratically and is taking his shirt off. You look closely and realize his eyes are glassy and he appears unaware of his surroundings. You are concerned for him, but do not want to approach him due to his erratic behavior. Clearly there is something … Continue reading The Future of the New Safe Harbor Statute in Virginia

The importance of the tender years hearsay exception in cases of sexual abuse

By: Carley Ruival Testifying in court as a victim of a crime can be traumatic. The propensity for trauma arguably increases when the victim is a young child and the alleged crime involves sexual abuse. The tender years hearsay exception is an effective mechanism in reducing trauma to child victims of sexual abuse because it limits the extent to which the victim is subject to … Continue reading The importance of the tender years hearsay exception in cases of sexual abuse

COVID-19 and the Historic Failure of the Virginia Employment Commission

By: Tiffany Ngo The Virginia Employment Commission (“VEC”) was established to provide compensation and benefits to unemployed Virginians in their time of need. Since its establishment, the VEC had been a saving grace to many Virginians, until 2020 when the COVID-19 pandemic hit. Not only did COVID-19 affect Americans hard, the Virginia-governed VEC was the hardest hit1. What was established for Virginians, was no longer … Continue reading COVID-19 and the Historic Failure of the Virginia Employment Commission