| Keith H. Hirokawa |
RACE, SPACE, AND PLACE: INTERROGATING WHITENESS THROUGH A CRITICAL APPROACH TO PLACE |
29 William and Mary Journal of Race, Gender, and Social Justice 279 (Winter, 2023) |
The Civil Rights Movement is long past, yet segregation persists. The wider society is still replete with overwhelmingly white neighborhoods, restaurants, schools, universities, workplaces, churches and other associations, courthouses, and cemeteries, a situation that reinforces a normative sensibility in settings in which black people are... |
2023 |
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| Bennett Capers , Gregory Day |
RACE-ING ANTITRUST |
121 Michigan Law Review 523 (February, 2023) |
Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... |
2023 |
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| Yuvraj Joshi |
RACIAL EQUALITY COMPROMISES |
111 California Law Review 529 (April, 2023) |
Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... |
2023 |
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| 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 |
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| Steven W. Bender |
RACIAL JUSTICE AND MARIJUANA |
59 California Western Law Review 223 (Spring, 2023) |
Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... |
2023 |
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| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
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| Susan D. Carle |
RECONSTRUCTION'S LESSONS |
13 Columbia Journal of Race and Law 734 (May, 2023) |
In the current moment in the legal struggle for racial equality in the United States, the nation seems at risk of repeating its history. The Roberts Court has failed to fulfill its charge under the Reconstruction amendments to vigorously promote and enforce civil rights protections, and the other branches of government have proved ineffectual or... |
2023 |
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| Melissa Friedman , Daniella Rohr |
REDUCING FAMILY SEPARATIONS IN NEW YORK CITY: THE COVID-19 EXPERIMENT AND A CALL FOR CHANGE |
123 Columbia Law Review Forum 52 (3/15/2023) |
Child welfare agencies and family courts have long removed children from allegedly abusive or neglectful parents as an ultimate means of ensuring a child's safety. The theory that high numbers of removals are necessary to keep children safe, however, had never been tested--there was no mechanism or political will to do so until the onset of the... |
2023 |
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| Susan Frelich Appleton , Laura A. Rosenbury |
REFLECTIONS ON "PERSONAL RESPONSIBILITY" AFTER COVID AND DOBBS: DOUBLING DOWN ON PRIVACY |
72 Washington University Journal of Law & Policy 129 (2023) |
This essay uses lenses of gender, race, marriage, and work to trace understandings of personal responsibility in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American welfare state through the start of the Trump administration; (II) the... |
2023 |
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| Rebekah Diller , Mitali Nagrecha , Alicia Bannon |
REFLECTIONS ON FEES AND FINES AS STATEGRAFT |
98 New York University Law Review Online 262 (April, 2023) |
Introduction. 263 I. Fees and Fines as Illegal Stategraft. 269 II. The Complicated Corruption of Fees-and-Fines Regimes. 272 III. Advocacy Against Fees and Fines: Beyond Illegality. 277 Conclusion. 281 |
2023 |
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| 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 |
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| Beth Caldwell |
REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP |
98 Washington Law Review 787 (October, 2023) |
Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... |
2023 |
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| Phyllis C. Taite |
REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY |
10 Belmont Law Review 301 (Spring, 2023) |
Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... |
2023 |
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| 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 |
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| Elizabeth Kukura |
RETHINKING THE INFRASTRUCTURE OF CHILDBIRTH |
91 UMKC Law Review 497 (Spring, 2023) |
It is notoriously difficult to get the public--and the lawmakers who represent them--to be enthusiastic about infrastructure projects. Infrastructure is often invisible, at least until something goes wrong, making it harder to appreciate the benefits of investing in infrastructure until the water main bursts or the bridge becomes structurally... |
2023 |
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| Erez Aloni |
RICH DAD, GAY DAD: THE WEALTH TRAPS OF GAY FATHERHOOD |
101 North Carolina Law Review 1381 (June, 2023) |
While legal and societal progress has enabled gay fathers to form families, there remains a critical blind spot in our understanding of their financial well-being. Specifically, there are indications that a wealth gap may exist among gay father households. This Article introduces a novel taxonomy of the mechanisms that likely contribute to a wealth... |
2023 |
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| Kate Weisburd |
RIGHTS VIOLATIONS AS PUNISHMENT |
111 California Law Review 1305 (October, 2023) |
Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights--such as the rights to marry, bear children, worship, consult a lawyer, and protest--be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not cruel and unusual under the Eighth Amendment?... |
2023 |
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| Naomi Murakawa |
SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS |
69 UCLA Law Review 1430 (September, 2023) |
Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... |
2023 |
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| Armen H. Merjian |
SECOND-GENERATION SOURCE OF INCOME HOUSING DISCRIMINATION |
2023 Utah Law Review 963 (2023) |
[S]econd-generation barriers . have emerged in the covered jurisdictions as attempted substitutes for the first-generation barriers that originally triggered preclearance in those jurisdictions. Justice Ruth Bader Ginsburg As source of income protections increase, landlords are more likely to rely on other measures such as credit scores to... |
2023 |
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| Raúl Carrillo |
SEEING THROUGH MONEY: DEMOCRACY, DATA GOVERNANCE, AND THE DIGITAL DOLLAR |
57 Georgia Law Review 1207 (7/12/2023) |
Today, financial institutions, technology companies, and government agencies constantly coordinate to collect data to share, sort, store, score, and sell. Moreover, banks and financial technology (fintech) companies channel nearly all payments between agencies and the public via thousands of different programs, increasingly collecting more data... |
2023 |
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| Mary Nicol Bowman |
SEEKING JUSTICE: PROSECUTION STRATEGIES FOR AVOIDING RACIALLY BIASED CONVICTIONS |
32 Southern California Interdisciplinary Law Journal 515 (Spring, 2023) |
Common rhetorical techniques used by prosecutors, even those who reject racially prejudiced beliefs, are likely to trigger jurors' implicit biases. Current case law and ethical rules set up well-intentioned prosecutors by obscuring the racial bias embedded in this rhetoric and the likely impact of coded language on jurors. In 2020, however,... |
2023 |
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| Omari Scott Simmons |
SELECTIVE PATRONAGE |
46 Seattle University Law Review 331 (Winter, 2023) |
The philosophy behind the Sullivan Principles was no different from the approach I had developed in my boycott days during the height of the civil rights movement . [T]he fundamental premise behind them was that people-- individually and collectively--can and should use their economic influence to make a moral statement or to take moral action.... |
2023 |
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| Inès Zamouri |
SELF-DEFENSE, RESPONSIBILITY, AND PUNISHMENT: RETHINKING THE CRIMINALIZATION OF WOMEN WHO KILL THEIR ABUSIVE INTIMATE PARTNERS |
30 UCLA Journal of Gender & Law 203 (Summer, 2023) |
C1-2Table of Contents Introduction. 204 I. Accommodation of Victims/Survivors within Available Criminal Defenses. 211 A. The Self-Defense Doctrine. 212 1. Imminence. 213 2. Reasonableness. 215 3. Proportionality. 218 4. Implicit Biases in Self-Defense. 219 B. Battered Woman Syndrome Testimony. 221 1. Contours and Relevance in the Legal Context. 221... |
2023 |
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| Barbara Ann Atwood |
STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS |
23 Journal of Appellate Practice and Process 105 (Winter, 2023) |
The Supreme Court's grant of certiorari in Brackeen v. Haaland and consolidated petitions marks only the third time that the Court has taken up a case arising under the Indian Child Welfare Act of 1978 (ICWA). From its inception in the Northern District of Texas to the Fifth Circuit's en banc decision, the litigation has been closely watched, not... |
2023 |
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| 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 |
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| Sonja Starr |
STATISTICAL DISCRIMINATION |
58 Harvard Civil Rights-Civil Liberties Law Review 579 (Summer, 2023) |
The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care... |
2023 |
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| Wendy A. Bach, Mishka Terplan |
STOPPING CRIMINALIZATION AT THE BEDSIDE |
51 Journal of Law, Medicine & Ethics 533 (Fall, 2023) |
Keywords: Reproductive Health, Pregnancy, Criminalization, Health Privacy, Mandatory Reporting Abstract: Low-income women and, disproportionately low-income women of color seeking reproductive and pregnancy care are increasingly subject to what this article terms carceral care-- care compromised by its' proximity to punishment systems. This article... |
2023 |
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| Yiran Zhang |
SUBSIDIZING THE CHILDCARE ECONOMY |
34 Stanford Law and Policy Review 67 (2023) |
This Article studies how government childcare subsidies redistribute resources and values among children, parents, providers, and their workers engaged in diverse forms of childcare. Formal centers provide developmentally beneficial care in a regulated setting but are detached from supporting the children's families. Home-based care often occurs... |
2023 |
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| Christian Powell Sundquist |
SURVEILLANCE NORMALIZATION |
58 Harvard Civil Rights-Civil Liberties Law Review 117 (Winter, 2023) |
Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public... |
2023 |
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| Claire E. Remillard |
TELEHEALTH IS HERE TO STAY: WHY MEDICAID SHOULD PERMANENTLY REQUIRE STATES TO OFFER MENTAL HEALTH SERVICES THROUGH TELEHEALTH |
23 Journal of High Technology Law 363 (2023) |
A troublesome image: a global pandemic threatening the health of you and your loved ones, an over-crowded apartment with stir-crazy children, bills piling up, the peak of stressful family dynamics, job and income insecurity. For many Americans, this scenario was reality during the COVID-19 pandemic. Navigating everyday life during an ever-evolving... |
2023 |
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| Etienne C. Toussaint |
THE ABOLITION OF FOOD OPPRESSION |
111 Georgetown Law Journal 1043 (May, 2023) |
Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... |
2023 |
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| Sarah Schindler, Kellen Zale |
THE ANTI-TENANCY DOCTRINE |
171 University of Pennsylvania Law Review 267 (January, 2023) |
The law has failed tenants. A range of distinct legal doctrines, coupled with structural inequities, systematically disadvantage tenants in previously unrecognized ways. This Article identifies a new way of looking at this pattern of collective impediments to tenants' rights, wealth, and power, which we call the Anti-Tenancy Doctrine. This... |
2023 |
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| Duncan Kennedy |
THE BITTER IRONIES OF WILLIAMS v. WALKER-THOMAS FURNITURE CO. IN THE FIRST YEAR LAW SCHOOL CURRICULUM |
71 Buffalo Law Review 225 (April, 2023) |
This Article is about the famous contracts case of Williams v. Walker-Thomas Furniture Company, decided in 1965 in the U.S. Court of Appeals for the District of Columbia with an opinion by Judge J. Skelly Wright. Ora Lee Williams, the appellant, was Black and, according to the brief, was a person of limited education and separated from her husband... |
2023 |
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| Michael Conklin , Angelo State University, San Angelo, TX, USA, Email: michael.conklin@angelo.edu |
THE CASE AGAINST RACE-BASED QUOTAS IN PHARMACEUTICAL TRIALS |
49 American Journal of Law & Medicine 1 (2023) |
This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining... |
2023 |
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| Madalyn K. Wasilczuk |
THE CLINIC AS A SITE OF GROUNDED PEDAGOGY |
29 Clinical Law Review 405 (Spring, 2023) |
Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to think like lawyers. In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to... |
2023 |
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| Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
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| Aziz Z. Huq |
THE COUNTERDEMOCRATIC DIFFICULTY |
117 Northwestern University Law Review 1099 (2023) |
Abstract--Since the 2020 elections, debate about the Supreme Court's relationship with the mechanisms of national democracy has intensified. One important thread of that debate focuses critically on the possibility of a judicial decision flipping a presidential election or thwarting the will of national majorities respecting progressive... |
2023 |
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| Michelle Y. Ewert |
THE DANGERS OF FACIAL RECOGNITION TECHNOLOGY IN SUBSIDIZED HOUSING |
25 NYU Journal of Legislation and Public Policy 665 (2022-2023) |
The use of facial recognition technology (FRT) in subsidized housing makes life more difficult for subsidized tenants, who are disproportionately women, seniors, and people of color. Conditioning building access on facial recognition is problematic because flaws in the technology make it hard for systems to recognize people with darker skin, women,... |
2023 |
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| Anna Arons |
THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM |
100 Washington University Law Review 1057 (2023) |
Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... |
2023 |
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| Tooba Naveed |
THE END OF SINGLE-FAMILY ZONING IN CALIFORNIA: HOW CHAPTER 162'S IMPACT IS MORE SYMBOLIC THAN TRANSFORMATIVE |
54 University of the Pacific Law Review 168 (May, 2023) |
Code Sections Affected Government Code §§ 66452.6 (amended), 65852.21, 66411.7 (new) SB 9 (Atkins); 2021 Stat. Ch. 162 C1-2Table of Contents I. Introduction. 169 II. Legal Background. 170 A. Not in My Neighborhood: How Restrictive Covenants and Zoning Laws Shaped California's Neighborhoods. 171 B. The Supreme Court Ensures Parasites Stay Out of... |
2023 |
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| Paul J. Larkin , GianCarlo Canaparo |
THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
18 Liberty University Law Review 1 (Fall, 2023) |
Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... |
2023 |
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| Kathryn A. Sabbeth, Jessica K. Steinberg |
THE GENDER OF GIDEON |
69 UCLA Law Review 1130 (January, 2023) |
This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of... |
2023 |
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| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
Yes |
| Berta Esperanza Hernández-Truyol |
THE HUMAN ENVIRONMENT: AWAKENING TO THE INDOMITABLE CUBAN SPIRIT-- GOVERNMENT, CULTURE, AND PEOPLE |
17 FIU Law Review 563 (Spring, 2023) |
I. Introduction. 563 II. Government. 566 III. Culture. 580 A. Race. 583 B. Sex/Gender. 589 C. LGBTQ. 591 IV. The Cuban People/La Gente Cubana. 594 V. Conclusion. 606 |
2023 |
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| Akil Roper , Shivi Prasad |
THE IMPACT AND CONSEQUENCES OF TRUE POVERTY ON ACCESS TO JUSTICE |
340-FEB New Jersey Lawyer, the Magazine 54 (February, 2023) |
Legal representation by a licensed attorney, and ultimately justice, are denied to the poor in far too many critical civil legal cases. Social science studies reveal that those in poverty will have lawyers for just 8% (or less) of the civil legal problems they face. And, the problems they face go the very heart of their existence, often with grave... |
2023 |
Yes |
| Mariya Denisenko |
THE IMPACT OF GOVERNMENT SPONSORED SEGREGATION ON HEALTH INEQUITIES: ADDRESSING DEATH GAPS THROUGH REPARATIONS |
80 Washington and Lee Law Review 1687 (Fall, 2023) |
Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and... |
2023 |
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| Rebecca Horwitz-Willis , Leanna Katz |
THE INTERDEPENDENCE OF FAMILY, STATE, AND MARKET: CHILDCARE IN THE SHIFTING LANDSCAPE OF THE COVID-19 PANDEMIC |
30 Georgetown Journal on Poverty Law and Policy 405 (Spring, 2023) |
In response to the first wave of the COVID-19 pandemic, the U.S. federal and state governments enacted various supports for childcare, including expanded funding and flexibility for the childcare market, expanded paid leave, more generous and inclusive unemployment insurance, loans available to childcare providers, and tax rebates. In this Article,... |
2023 |
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| Adam J. Mikell |
THE INVISIBLE DANGER IN PLAIN SITE: ENDING THE PRACTICE OF BUILDING HOUSING IN EXPOSURE ZONES |
41 Minnesota Journal of Law & Inequality 191 (Summer, 2023) |
Safe, affordable housing is a basic necessity for every family. Without a decent place to live, people cannot be productive members of society, children cannot learn, and families cannot thrive. Adequate housing, or the lack thereof, affects every person every day. At its core, housing is a fundamental human need with inelastic demand, yet for... |
2023 |
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| Rose Holden Vacanti Gilroy |
THE LAW OF ASSISTED REPRODUCTIVE TECHNOLOGIES FOR LGBTQ+ PARENTS: A RECOGNITION REGIME OF FAMILY LAW BUILT IN OPPOSITION TO THE REGULATORY REGIME |
38 Berkeley Journal of Gender, Law & Justice 109 (2023) |
Introduction. 109 I. Parentage in Opposition. 115 A. Race, Racism, and Parentage. 115 B. Wealthy Parents vs. Impoverished Parents. 119 C. Children as Success vs. Children as Failure. 122 D. Married Parents vs. Unmarried Parents. 124 II. Intended Parents and the Weaponization of Parentage. 126 A. Intent-Based Parentage Through Voluntary... |
2023 |
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| 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 |
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