| Author | Title | Citation | Summary | Year |
| Shiwali Patel, Elizabeth X. Tang, Hunter F. Iannucci |
A SWEEP AS BROAD AS ITS PROMISE: 50 YEARS LATER, WE MUST AMEND TITLE IX TO END SEX-BASED HARASSMENT IN SCHOOLS |
83 Louisiana Law Review 939 (Spring, 2023) |
C1-3Table of Contents Introduction. 940 I. Sex-Based Harassment Harms Students, and Schools Must Do Better.. 944 A. What Is Sex-Based Harassment?. 944 B. Sex-Based Harassment Is Widely Prevalent Among Students. 953 C. Most Students Do Not Report Sex-Based Harassment to Their Schools.. 955 D. Students Who Report Sex-Based Harassment Are Often... |
2023 |
| Steven A. Ramirez |
A VISION OF THE ANTI-RACIST PUBLIC CORPORATION |
91 University of Cincinnati Law Review 828 (2023) |
In recent years, the law has concentrated further economic and political power within the publicly traded corporation. Even before these legal renovations, expert observers suggested that the legal frameworks governing the public firm permitted management sufficient legal autonomy to overcompensate themselves and to create governance structures... |
2023 |
| Brennan Murphy |
ADAPTING STANDARDS OF JUDICIAL IMPARTIALITY TO STUDENT DISCIPLINE IN HIGHER EDUCATION: PITFALLS AND POTENTIAL LEARNED FROM TITLE IX ADJUDICATIONS |
98 Indiana Law Journal Supplement 58 (2023) |
Ongoing faith in judicial decision-making is predicated on the fairness of judicial institutions. After all, [a] fair trial in a fair tribunal is a basic requirement of due process. Any legal system that respects the rule of law must ensure impartiality in the adjudication of disputes--not just in the courts, but in all forms of adjudication.... |
2023 |
| Gerard Robinson |
ADDRESSING THE SCHOOL-TO-PRISON PIPELINE THROUGH THREE NONTRADITIONAL PATHWAYS |
109 Virginia Law Review Online 49 (April, 2023) |
He who opens a school door, closes a prison. --Victor Hugo Analogous to Nathaniel Hawthorne's critique of his leaders' decision to use punishment as a sign of public accountability, and his adoption of the phrase the black flower of civilized society to describe the prison, our leaders in the White House, Congress, and the Supreme Court made... |
2023 |
| Yael Zakai Cannon, Vida Johnson |
ADVANCING RACIAL JUSTICE THROUGH CIVIL AND CRIMINAL ACADEMIC MEDICAL-LEGAL PARTNERSHIPS |
30 Clinical Law Review 29 (Fall, 2023) |
The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave... |
2023 |
| Timothy D. Intelisano |
BEATING JUSTICE: CORPORAL PUNISHMENT IN AMERICAN SCHOOLS AND THE EVOLVING MORAL CONSTITUTION |
29 William and Mary Journal of Race, Gender, and Social Justice 745 (Spring, 2023) |
This Note will discuss the Supreme Court's holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students... |
2023 |
| Chelsea Sullivan |
BURIED BY THE BURDEN: THE RACIAL AND SOCIOECONOMIC IMPACT OF THE BURDEN OF PROOF IN DUE PROCESS HEARINGS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT |
7 Howard Human & Civil Rights Law Review 119 (2022-2023) |
C1-3Table of Contents L1-2Introduction . L3120 I. The Legislative History and Subsequent Enforcement of the IDEA. 122 A. The IDEA's Foundation and Development of a Student's IEP. 122 B. Schaffer v. Weast. 125 II. Intersection of Identities. 127 A. Disability and Socioeconomic Challenges in Due Process Hearings. 128 B. Addressing Potential... |
2023 |
| George Fishman |
CALIFORNIA DREAMIN': CAN STATE UNIVERSITIES LEGALLY HIRE NON-WORK AUTHORIZED ALIENS |
48 Journal of College and University Law 95 (2023) |
A notable group of immigration law professors has assured California that it can allow its State universities to hire aliens not authorized to work under federal law, concluding that the Immigration Reform and Control Act of 1986's prohibition on hiring undocumented persons [known as employer sanctions] does not bind state government entities.... |
2023 |
| Mary L. Frampton |
CAN RESTORATIVE JUSTICE TRANSFORM SCHOOL CULTURE IN CALIFORNIA? QUALITATIVE RESEARCH SHINES A LITTLE LIGHT |
34 Hastings Journal on Gender and the Law 75 (Spring, 2023) |
C1-2Table of Contents Restorative Justice as a Paradigm Shift. 77 Restorative Justice Pilot Program at Oakland's Middle School. 78 Policy Leaders Shift Toward Restorative Justice and Other Positive Disciplinary Approaches. 80 Decisions to Suspend and Expel Continue to Disproportionately Impact Children of Color. 82 Can A Qualitative Research Study... |
2023 |
| Maria Chiara Parisi |
CHARTER SCHOOLS: A MISSED OPPORTUNITY TO IMPROVE EDUCATION THROUGH INNOVATION |
49 Journal of Legislation 321 (2023) |
The U.S. education system, unlike other fields, has failed to encourage and learn from innovation. Charter schools--publicly-funded schools with the freedom to develop innovative practices--offered an opportunity to address the education system's resistance to change. The hope was that charter schools could serve as laboratories of innovation for... |
2023 |
| Ric Simmons |
CONSTITUTIONAL DOUBLE STANDARDS: THE UNINTENDED CONSEQUENCES OF REDUCING POLICE PRESENCE |
91 George Washington Law Review 817 (August, 2023) |
In the wake of massive protests in the summer of 2020, many municipalities began to experiment with different ways to respond to 911 calls, while a number of school districts reversed a decades-long trend and began to take police officers out of their schools. The main purpose of these changes is to decrease the footprint of the police in the... |
2023 |
| Rebecca Brownell |
CONSTITUTIONAL LAW--STRENGTHENING SCHOOLS' ABILITIES TO COMBAT CYBERBULLYING IN DENYING STUDENTS' FIRST AMENDMENT CHALLENGE--DOE v. HOPKINTON PUB. SCHS., 19 F.4TH 493 (1ST CIR. 2021) |
28 Suffolk Journal of Trial and Appellate Advocacy 99 (2022-2023) |
The First Amendment to the United States Constitution, along with its Massachusetts statutory counterpart, Massachusetts General Laws Annotated ch. 71, § 82, guarantees students the right to freedom of speech. Within the educational setting, First Amendment claims typically arise when school administrators discipline students for what they consider... |
2023 |
| Chinyere Ezie |
DISMANTLING THE DISCRIMINATION-TO-INCARCERATION PIPELINE FOR TRANS PEOPLE OF COLOR |
19 University of Saint Thomas Law Journal 276 (Spring, 2023) |
Introduction. 277 I. Understanding the Discrimination-to-Incarceration Pipeline and Its Origins. 279 A. Familial Rejection. 279 B. Anti-Trans Discrimination and Harassment in Schools. 281 C. Employment Discrimination Against Trans Employees and Job Applicants. 285 D. Housing Discrimination and Insecurity. 288 E. Barriers to Healthcare Access. 288... |
2023 |
| Anna Manogue |
DISTINGUISHING JUVENILE LAW AND JUVENILE EDUCATION: UNDOING THE SCHOOL-TO-PRISON PIPELINE APPROVED IN IN RE S.F. |
82 Maryland Law Review 741 (2023) |
In In re S.F., the then-Court of Appeals of Maryland held that a juvenile probation condition requiring a child to attend school regularly without suspension[] is not impermissibly vague. Although the court correctly applied Maryland law to uphold the condition, the incorporation of school suspensions into juvenile court sanctions exposes... |
2023 |
| Leah E. Soloff |
DUE PROCESS PROTECTIONS FOR CHARTER SCHOOL STUDENTS IN LONG-TERM EXCLUSIONARY DISCIPLINE PROCEEDINGS |
92 Fordham Law Review 767 (November, 2023) |
Charter schools--public schools that are subject to minimal state regulation--often employ high levels of exclusionary discipline. Because charter schools in many states are exempt from state laws regulating school discipline, the U.S. Constitution provides charter school students their only source of protections during such disciplinary... |
2023 |
| Emily Galvin-Almanza |
EQUAL MERCY: INCREASING LEGAL SYSTEM EQUITY WITH COLLABORATIVE DEFENSE |
38 Ohio State Journal on Dispute Resolution 93 (2023) |
I. Introduction II. The System in Which We Operate: Criminal Law and Racial Bias A. The Law Only Exists as It Is Applied B. Bias In, Bias Out C. The Pressures That Perpetuate Bias III. Seeking Equal Mercy IV. The Potential of Public Defense V. A New Model of Service VI. Changing the Change-Makers VII. In Conclusion: A Path Forward In the American... |
2023 |
| Jennifer T. Perillo, Rochelle B. Sykes, Sean A. Bennett, Margaret C. Reardon, Department of Psychology, Indiana University of Pennsylvania |
EXAMINING THE CONSEQUENCES OF DEHUMANIZATION AND ADULTIFICATION IN JUSTIFICATION OF POLICE USE OF FORCE AGAINST BLACK GIRLS AND BOYS |
47 Law and Human Behavior 36 (February, 2023) |
Objective: Given the greater contact that Black youth have with the legal system compared with White youth, it is important to consider the differential ways that police use of force against these youth is perceived. Black youth may be at greater risk than White youth for animalistic (being seen as animal-like) and mechanistic (being seen as... |
2023 |
| Jordan H. Lester |
FALLING SHORT OF "MINIMALLY ADEQUATE": HOW SOUTH CAROLINA'S LOW STANDARD FOR EDUCATION MUST BE REINTERPRETED |
52 Journal of Law and Education 264 (Spring, 2023) |
South Carolina's public education system is broken. The education requirements of the state have been too low for too long. South Carolina fails to compete nationally when it comes to education, leaving students in South Carolina at a severe disadvantage after leaving high school to pursue higher learning or employment elsewhere. South Carolina's... |
2023 |
| Jamie M. Jenkins |
FREE THEIR MINDS: LEGACIES OF ATTICA AND THE THREAT OF BOOKS TO THE CARCERAL STATE |
123 Columbia Law Review 2321 (December, 2023) |
Book bans and censorship battles have garnered considerable attention in recent years, but one of the most critical battlegrounds is kept out of the public eye. Prison officials can ban any book that threatens the security or operations of their facility. This means that the knowledge access rights of incarcerated people are subject to the... |
2023 |
| Kiricka Yarbough Smith, Maura Reinbrecht |
HOW ANTI-SEX TRAFFICKING EFFORTS SHOULD ALIGN WITH CRIMINAL JUSTICE REFORM |
38 Berkeley Journal of Gender, Law & Justice 158 (2023) |
Current law enforcement practices--including efforts to address sex trafficking--disproportionately harm Black people. This Article proposes that front-end criminal justice reforms to reduce the criminalization of poverty, reform racially biased police practices, and increase police accountability could mitigate the disparate impact that policing... |
2023 |
| Abby Efron |
HOW SCOTUS'S RECENT DECISION ON THE CHEERLEADER CASE IMPACTS PUBLIC SCHOOL STUDENTS' DUE PROCESS RIGHTS FOR THEIR OFF-CAMPUS CONDUCT |
54 Saint Mary's Law Journal 233 (2023) |
I. Introduction. 234 II. Background. 236 A. Statutory Entitlement Creates a Property Interest in Public Education. 238 B. History of Students' Constitutional Protections While at School. 239 C. Doctrine of In Loco Parentis. 239 III. Constitutional Protections of Students in Public School. 241 A. First Amendment. 243 1. Mahanoy Area School District... |
2023 |
| Alicia R. Jackson |
INHERENTLY UNEQUAL: THE EFFECT OF STRUCTURAL RACISM AND BIAS ON K-12 SCHOOL DISCIPLINE |
88 Brooklyn Law Review 459 (Winter, 2023) |
The true character of society is revealed in how it treats its children.-- Nelson Mandela Overly harsh and discriminatory school discipline policies and biased decision-making practices have led to the disproportionate punishment of Black children, causing them to be excluded from classroom learning and creating a separate and unequal education... |
2023 |
| Amelie Daigle |
JUVENILE DECARCERATION AND STRUCTURAL CULPABILITY |
47 New York University Review of Law and Social Change 249 (2023) |
Introduction. 250 I. The Failure of Juvenile Court. 254 II. Introducing Structural Culpability. 259 A. The Public Health Approach and Environmental Risk Factors. 260 B. Abolition and Transformative Justice. 264 III. Seeking Solutions. 268 A. First-Level Reforms. 270 B. Invest/Divest: Turning Our Backs on the Failed Juvenile Court System. 271... |
2023 |
| Amanda NeMoyer , TuQuynh Le , Alexei Taylor , Angela Pollard , Rena Kreimer , Nivedita Anjaria , Fengqing Zhang , George Kikuchi , Matthew Lattanzio , Naomi E. S. Goldstein |
LONG-TERM ARREST AND SCHOOL OUTCOMES OF THE PHILADELPHIA POLICE SCHOOL DIVERSION PROGRAM |
29 Psychology, Public Policy, and Law 471 (November, 2023) |
In response to school-based arrests representing a growing proportion of youth arrests nationwide, several programs have emerged to divert youth from school-based arrests. However, few such initiatives have undergone empirical evaluation, and none have been evaluated with a focus on long-term (i.e., 4- to 5-year) youth outcomes. To address this... |
2023 |
| Rachael K. Cox |
OBEY OR ABEY: AN EMPIRICAL EXAMINATION OF ABEYANCE AGREEMENTS IN PUBLIC SCHOOL DISCIPLINE |
117 Northwestern University Law Review 1427 (2023) |
Abstract--Exclusionary discipline is widely understood to mean the typical responses to student misbehavior in public schools: suspension and expulsion. But sometimes their lesser-known counterpart, the abeyance agreement, swoops in before the suspension or expulsion is effectuated and gives the student a second chance to avoid such... |
2023 |
| Ndjuoh MehChu |
POLICING AS ASSAULT |
111 California Law Review 865 (June, 2023) |
From ending qualified immunity, to establishing community control over policing, to eradicating the institution of policing altogether, proposals to remedy the issue of police violence are on everyone's lips. But, in the deep reservoir of proposals, the meaning of police violence has received relatively little attention. How should we think... |
2023 |
| Alison Somin |
PRESIDENTIAL SIGNATURE REQUIREMENTS AS A TOOL FOR ENFORCING DEMOCRATIC ACCOUNTABILITY |
21 Georgetown Journal of Law & Public Policy 463 (Summer, 2023) |
C1-3Table of Contents I. History of the Presidential Signature Requirement. 464 II. Rulemaking Under Title VI and IX. 468 A. Title VI. 468 B. Title IX. 472 III. Conclusion. 478 |
2023 |
| Michael Heise |
RACIAL ISOLATION, SCHOOL POLICE, AND THE "SCHOOL-TO-PRISON PIPELINE": AN EMPIRICAL PERSPECTIVE ON THE ENDURING SALIENCE OF "TIPPING POINTS" |
71 Buffalo Law Review 163 (April, 2023) |
Two broad trends inform public K-12 education's current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource... |
2023 |
| Janel A. George |
REFLECTIONS ON THE LAUNCH OF A RACIAL JUSTICE CLINIC AND THE BRAVERY OF LIONS |
30 Clinical Law Review 151 (Fall, 2023) |
This nation is at an inflection point in which the future of a viable, multi-racial democracy stands in the balance. However, this occurrence is not new-- the nation has experienced moments of retrenchment before, during which times of racial progress are quickly followed by retrenchment in the form of legal efforts to rollback hard-won civil... |
2023 |
| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2023 |
| Jack Salt |
SKIRTING STATE ACTION: SECTION 1983 CHALLENGES TO EDUCATION AND CHARTER MANAGEMENT ORGANIZATIONS AFTER PELTIER v. CHARTER DAY SCHOOL, INC. |
102 North Carolina Law Review 281 (December, 2023) |
In Peltier v. Charter Day School, Inc., the Fourth Circuit held that a North Carolina charter school violated the U.S. Constitution by requiring girls to wear skirts and prohibiting them from wearing pants or shorts. In reaching that conclusion, the Fourth Circuit also became the first federal court of appeals to hold that a charter school is a... |
2023 |
| Lyndsey K. Ebener |
STATE TAKEOVER IN SOUTH CAROLINA: AN INADEQUATE MEANS TO ACHIEVING "MINIMALLY ADEQUATE" EDUCATION |
74 South Carolina Law Review 543 (Spring, 2023) |
I. Introduction. 543 II. Background. 546 A. What is State Takeover?. 546 B. Effects of State Takeover. 549 1. Student Achievement. 549 2. Poverty and Race Segregation. 550 3. Funding and Fiscal Management. 553 4. Discipline. 554 5. Availability of High-Quality Teachers. 556 C. South Carolina's State Takeover Statute. 558 III. Analysis. 561 A. South... |
2023 |
| Tess Bissell |
TEACHING IN THE UPSIDE DOWN: WHAT ANTI-CRITICAL RACE THEORY LAWS TELL US ABOUT THE FIRST AMENDMENT |
75 Stanford Law Review 205 (January, 2023) |
Abstract. Since January 2021, forty-two states have introduced anti-critical race theory (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader... |
2023 |
| Chris Yarrell |
THE COLOR OF (JUVENILE) JUSTICE: DISPARATE IMPACT AND THE CONGRESSIONAL RESPONSE TO THE PANDEMIC |
23 Berkeley Journal of African-American Law & Policy 1 (2023) |
In the wake of the COVID-19 pandemic, approximately 55 million schoolchildren have been compelled to attend school remotely. However, despite this nationwide shift to virtual schooling, the school-based disparities that long pre-dated the pandemic have been laid bare and exacerbated. This is painfully evident in the context of the school-to-prison... |
2023 |
| Tom I. Romero, II |
THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW |
94 University of Colorado Law Review 449 (Spring, 2023) |
I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... |
2023 |
| Tonja Jacobi , Riley Clafton |
THE LAW OF DISPOSABLE CHILDREN: DISCIPLINE IN SCHOOLS |
2023 University of Illinois Law Review 1123 (2023) |
With almost no jurisprudence from the Supreme Court constraining schools' discretion in disciplining schoolchildren, it has been left to the states to define the constitutional boundaries of school practices that include exclusion, isolation, and physical restraint. But overwhelmingly, states defer to schools to set their own rules on disciplinary... |
2023 |
| Tonja Jacobi , Riley Clafton |
THE LAW OF DISPOSABLE CHILDREN: INTERROGATIONS IN SCHOOLS |
75 Alabama Law Review 291 (2023) |
Introduction. 292 I. Supreme Court Selectivity in Recognizing the Special Vulnerability of Children. 297 A. Miranda Outside the School Context. 297 B. J.D.B.: Partial Expansion of Miranda for Children. 300 II. Interrogation Rules in Application Throughout the Nation. 307 A. Interrogations by School Personnel. 308 B. Interrogations by School... |
2023 |
| John Bignotti |
THE PROACTIVE MODEL: HOW TO BETTER PROTECT THE RIGHT TO SPECIAL EDUCATION FOR INCARCERATED YOUTH |
98 Indiana Law Journal Supplement 14 (2023) |
The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental... |
2023 |
| Heather Swadley |
THE STRUCTURAL HARMS OF PROVIDING MENTAL HEALTH SERVICES THROUGH THE BIPARTISAN SAFER COMMUNITIES ACT |
102 Nebraska Law Review 52 (2023) |
Many have proclaimed that the Bipartisan Safer Communities Act is the most sweeping gun control legislation to be passed in decades. However, the bill is not primarily a gun control bill--instead, much of the Act seeks to improve mental health services in hopes of preventing gun violence. Such a move is not rooted in established evidence, which... |
2023 |
| Emily Suski |
THE TWO TITLE IXS |
101 North Carolina Law Review 403 (January, 2023) |
Title IX, a law that mandates equality, operates unequally. Title IX prohibits sex discrimination of all forms, including sexual harassment, in public schools. When students assert Title IX sexual harassment claims, one standard exists for determining Title IX's violation. The Supreme Court held that schools violate Title IX when they respond with... |
2023 |
| John A.D. Marinelli |
"EDUCATION UNDER ARMED GUARD": AN ANALYSIS OF THE SCHOOL-TO-PRISON PIPELINE IN WASHINGTON, D.C. |
59 American Criminal Law Review 1697 (Fall, 2022) |
Introduction. 1698 I. The School-to-Prison Pipeline. 1699 A. Origins. 1699 1. Suppressing Civil Rights Demonstrations. 1699 2. The Tough on Crime Mentality. 1700 3. Mass Shootings and School Security. 1701 B. Component Practices. 1702 1. School Policing. 1702 2. The Criminalization of Student Conduct. 1703 3. Exclusionary Discipline. 1705 C.... |
2022 |
| Amanda D. Iocono |
"THAT'S THE HATE THEY'RE GIVING US, BABY, A SYSTEM DESIGNED AGAINST US." THE RESTORATIVE JUSTICE SOLUTION TO THE SCHOOL-TO-PRISON PIPELINE |
17 University of Massachusetts Law Review 183 (Spring, 2022) |
The school-to-prison pipeline is one of the nation's biggest challenges as students of color, LGBTQIA+ students, and students with disabilities are being funneled into prisons. Thousands of articles have been written on the existence of the school-to-prison pipeline and potential solutions. Federal and state policies have shifted to combat the... |
2022 |
| Tom I. Romero, II |
A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST |
2022 Utah Law Review 751 (2022) |
Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... |
2022 |
| Thalia González , Alexis Etow , Cesar De La Vega |
A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING |
71 American University Law Review 1927 (June, 2022) |
Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... |
2022 |
| Mollie McQuillan, Suzanne Eckes |
A LEGAL UPDATE: WHEN SOCIAL MEDIA POSTS CAUSE STUDENTS EMOTIONAL HARM |
399 West's Education Law Reporter 14 (2022) |
State anti-bullying laws and public school district anti-bullying policies must take great care to balance students' First Amendment rights to free speech with the ability of school leaders to address bullying that causes emotional harm to students in public schools. The American Academy of Pediatrics defines bullying as aggressive or deliberately... |
2022 |
| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
| Evan Coleman |
A ROSE IS STILL A ROSE: RETHINKING THE IMPACT OF PRISON ALTERNATIVES |
44 North Carolina Central Law Review 61 (2022) |
What's in a name? That which we call a rose by any other name would smell as sweet. This phrase is a popular reference to William Shakespeare's play Romeo and Juliet, in which Juliet argues that it does not matter that Romeo is from her family's rival house of Montague; what matters is her love for him. This reference is often used to imply that... |
2022 |
| Moriah Mendicino |
AMERIKKKAN SCHOOLS: HOW ANTI-BLACK RACIAL INEQUITY IS PERPETUATED BY THE PUBLIC SCHOOL SYSTEM WITH HELP FROM MODERN COURTS |
23 Rutgers Race & the Law Review 451 (2022) |
Somewhere in the dream - we had an epiphany. Now, we right the wrongs in history. I once stood at the head of a predominately Black American classroom as a white teacher facilitating a discussion with my students about their right to an education. I believed then, like so many, that children in America were Constitutionally entitled to such. A... |
2022 |
| Andrea A. Curcio, Alexis Martinez |
ARE DISCIPLINE CODE PROCEEDINGS ANOTHER EXAMPLE OF RACIAL DISPARITIES IN LEGAL EDUCATION? |
22 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2022) |
Addressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems... |
2022 |
| Abbe Petuchowski |
BEYOND THE POINT OF EXHAUSTION: REFORMING THE EXHAUSTION REQUIREMENT TO PROTECT ACCESS TO IDEA RIGHTS IN JUVENILE FACILITIES |
56 Columbia Journal of Law and Social Problems 41 (Fall, 2022) |
Congress enacted the Individuals with Disabilities Education Act (IDEA), in conjunction with other federal and state laws, to recognize a substantive right to a free appropriate public education for youth with disabilities and to establish a process to make this right accessible. Although the IDEA guarantees youth in juvenile facilities the same... |
2022 |