Raising the Bar: Virginia Constitutional Interpretation Post-Vlaming

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Across the United States, dozens of state supreme courts choose to interpret their state constitutions as co-extensive, or in “lockstep” with analogous provisions of the Constitution of the United States.Yet since the Supreme Court overruled or changed its interpretation in a number of rights-based cases, state constitutions are receiving new attention. In Virginia, several years before Dobbs sparked this new focus, the Supreme Court of Virginia departed from the Supreme Court of the United States’ interpretation of its Free Exercise Clause analogue and adopted a new standard providing increased protection. In doing so, the Court signaled its willingness to consider arguments rooted in the Commonwealth’s unique text and history.

This Essay begins an important task for litigants and scholars inVirginia—exploring the under-analyzed text, history, and context that comprise the Constitution for the Commonwealth of Virginia. This Essay contributes to this important area of scholarship by positing two more candidates for increased protection: Virginia’s Fourth Amendment and Establishment Clause analogues. With an introduction written by Virginia Court of Appeals Judge Lisa Lorish, this Essay proceeds in two main parts. The first Part considers Virginia’s Fourth Amendment analogue and argues that the dis-tinct text and history of the provision merit heightened protection against modern-day reverse warrants. The second Part analyzes Virginia’s establishment provisions and unique disestablishment history, arguing that the Supreme Court of Virginia’s reasoning providing increased protection to free exercise applies in equal part to the establishment provisions.

 

The Honorable Lisa M. Lorish *
Alec Block **
Amy Vanderveer ***

* The Honorable Lisa M. Lorish is a Judge on the Virginia Court of Appeals and taught State Constitutionalism at the University of Virginia School of Law.
** J.D., University of Virginia School of Law, 2026. Author of Part I.
*** J.D., University of Virginia School of Law, 2025 Author of Part II. Both authors would like to thank Judge Lorish for her excellent instruction, gracious feedback, and sup-port of this project. And many thanks to the editors of the University of Richmond LawReview, especially Grace Condello.

A Terrorist in Death Only: How the Death Penalty Fills the Gap in Federal Terrorism Law

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In the absence of a federal statute criminalizing domestic terrorism, the United States turned to an unlikely proxy: the death penalty. This Comment argues that capital punishment is used to define domestic terrorism, particularly when statutory tools cannot capture white supremacist attacks. Although former President Biden commuted most federal death sentences to life imprisonment without parole, three individuals whose attacks met the legal definition of domestic terrorism were excluded from clemency. Examining several cases from Timothy McVeigh to Luigi Mangione reveals a trend of defendants whose crimes meet the legal definition of domestic terrorism receiving the death penalty, even when they were never labeled terrorists. But this reliance on the death penalty is deeply flawed: public perception of terrorism is skewed, the government risks creating martyrs rather than preventing radicalization, and selective use of the death penalty for an inherently political crime takes away the state’s credibility to use such a punishment.

This Comment looks at why society views terrorism as uniquely deserving of the death penalty. It argues for the consistent application of the terrorism label at the outset of prosecution to enable counterterrorism resources to be allocated realistically. This would also provide public condemnation of violence against the state, rather than relying on the spectacle of execution to symbolically deliver justice.

 

Caroline A. McBride *

* J.D. Candidate, 2026, University of Richmond School of Law; B.A., 2023, American University. I am very grateful to Professor Cody Corliss for his help and encouragement that led to this Comment. Thank you to Grace Condello for working so diligently as the editor on this piece. Most thanks to my mom, Allison, and Abdul for supporting me through law school, and to my dad for inspiring me always to view the world empathetically.

The Freedman’s Savings Bank and Financial Literacy Education

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Financial literacy programs typically provide instruction on money management, basic economics, investment strategies, and a savings-centric approach. However, states vary as to whether the classes are implemented at the middle school level, the high school level, or both.  Economists and educators see financial literacy as a way to combat racial wealth disparities and advocate for better citizenship.  To understand the true success of these programs and where they have room for improvement, Virginia proves to be a prime case study. Despite being one of the first states to pass a financial literacy education requirement for middle and high schools, the racial wealth gap in Virginia has only grown, raising questions regarding the program’s purpose and efficacy.

The rise and fall of the Freedman’s Saving Bank illustrates the role that financial literacy education should have in Virginia today by demonstrating the historical attempt to alleviate inequality through financial literacy. The Bank’s history also provides a deeper understanding of the causes behind the wealth gap still affecting marginalized groups. Finally, it underscores the need to address the systemic inequities facing racial minorities, rather than merely promoting safe spending. This Comment uses Virginia, specifically Richmond, Virginia, as a case study due to the region’s long usage of financial literacy education and its deep connection with the Bank, Black banking generally, and segregationist policies.

 

Alexis Ballance *

*J.D. Candidate, 2026, University of Richmond School of Law; B.A., 2023, William & Mary. I would like to thank Professor Danielle Wingfield for her guidance and feedback throughout the writing process. I would also like to thank my family and friends, specifically my parents, Linda and Ken; my sister, Jessica; and Jonathan. Your unconditional love and support throughout law school (and beyond) is, and always will be, sincerely appreciated.