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
Mary S. Williams COMPULSORY CLASSROOMS AND CUSTODY: APPLYING STATE TRUANCY LAWS TO FIND THAT SCHOOL IS INHERENTLY CUSTODIAL FOR THE PURPOSES OF MIRANDA WARNINGS 51 Journal of Law and Education 261 (Spring, 2022) When Ava Duvernay depicted the grueling interrogation of the Central Park Five in her 2019 Netflix limited series When They See Us, the director took nearly seven hours of interrogation and turned it into twenty minutes of horror for millions of viewers. The Exonerated Five, who have since been released from prison, had their convictions... 2022
Caroline J. Capili CORPORAL PUNISHMENT IN THE UNITED STATES: ABOLISHMENT UNDER THE CIVIL RIGHTS ACT OF 1964 36 Notre Dame Journal of Law, Ethics & Public Policy 293 (2022) The sound of each blow intensified with each passing moment. We all sat motionless in homeroom as the sound of her cries echoed from the empty classroom next door. A small disagreement with the school administrators on the way to class escalated quickly over something so trivial--a tardy to class. She slowly entered the classroom and returned to... 2022
Amber Baylor CRIMINALIZED STUDENTS, REPARATIONS, AND THE LIMITS OF PROSPECTIVE REFORM 99 Washington University Law Review 1229 (2022) Introduction. 1230 I. A Reparations Framework: Outlining Injury To Criminalized Students. 1234 A. The History and Harm of Criminalizing Students. 1238 B. Law Enforcement in Schools. 1242 C. School Order Misdemeanors. 1246 D. Students in Criminal Courts. 1249 E. Reforms Reducing the Criminalization of Students. 1254 1. School Discipline Reform. 1255... 2022
Bryonn Bain CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA 6 Howard Human & Civil Rights Law Review 159 (2021-2022) Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... 2022
Sarah A. Husk CUTTING THE IDEA'S GORDIAN KNOT: ACCEPTING ENTANGLEMENTS OF DISABILITY AND SELF AND EMBRACING A "BEST INTERESTS" APPROACH TO DISCIPLINING STUDENTS WITH DISABILITIES 51 Journal of Law and Education 86 (Fall, 2022) The Individuals with Disabilities Education Act (IDEA) establishes a procedural right and process to protect students with disabilities from punitive disciplinary action where their misconduct is deemed to have stemmed directly from their disability. The manifestation determination review (MDR), in focusing on disability as a discrete, identifiable... 2022
Regina Kline , Michael Morris , Nanette Goodman , Peter Blanck DISABILITY REPARATIONS AND THE MODERNIZATION OF THE COMMUNITY REINVESTMENT ACT OF 1977 24 NYU Journal of Legislation and Public Policy 375 (2021-2022) The Community Reinvestment Act of 1977 (CRA) was enacted to reverse the historical exclusion of low and moderate income (LMI) communities from bank lending, investment, and services. This practice of so-called redlining was endemic to a system of finance in which banks typically took wealth out of LMI communities while denying the credit... 2022
Thalia González DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS 70 UCLA Law Review Discourse 40 (2022) This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... 2022
Adina Romaner EDUCATION CONNECTION: USING THE FOURTH AMENDMENT AS A WEAPON TO KEEP STUDENTS IN SCHOOL 42 Children's Legal Rights Journal 174 (2022) Surveillance and law enforcement's presence in public schools has increased in recent years, changing the role of teachers and administrators to rule enforcers for students. A surge in school shootings resulted in increased federal funding for placing police officers in schools. This change calls into question the state of Fourth Amendment... 2022
Sunita Patel EMBEDDED HEALTHCARE POLICING 69 UCLA Law Review 808 (May, 2022) Scholars and activists are urging a move away from policing and towards more care-based approaches to social problems and public safety. These debates contest the conventional wisdom about the role and scope of policing and call for shifting resources to systems of care, including medical, mental health, and social work. While scholars and... 2022
Nicole Tuchinda ENDING SCHOOL BRUTALITY 28 William and Mary Journal of Race, Gender, and Social Justice 617 (Spring, 2022) Children, especially Black children, are killed, traumatized, injured, and terrorized through assaults, solitary confinement, inappropriate handcuffing, and other excessive applications of physical force upon children in public schools. The state employees enacting such maltreatment are not just police. They are mainly teachers, principals, and... 2022
Kevin Scot Johns FOR WHOM THE BELL TOLLS: BELL v. ITAWAMBA TARGETS RAP MUSIC AND STUDENTS' FREE SPEECH RIGHTS 71 Emory Law Journal 1321 (2022) In the Fifth Circuit Court of Appeals case Bell v. Itawamba, student free speech rights, a vigilantly protected constitutional freedom, came to clash with rap music, an art form viciously misunderstood by much of America. The distaste for rap ultimately won out--the court crafted a new, more restrictive student free speech doctrine to render the... 2022
Ashton Tuck Scott GOSS v. LOPEZ AS A VEHICLE TO EXAMINE DUE PROCESS PROTECTION ISSUES WITH ALTERNATIVE SCHOOLS 63 William and Mary Law Review 2091 (May, 2022) C1-2Table of Contents Introduction. 2092 I. Background. 2096 A. Recent Trends Toward Alternative Schools. 2097 B. Disproportionate Social Harms. 2099 II. The Circuit Split. 2103 A. Courts That Require Due Process for Alternative School Transfers. 2104 B. Courts That Do Not Require Due Process for Alternative School Transfers. 2106 III. Goss v.... 2022
Jessica Whelan GRANTING A HALL PASS TO PUBLIC SCHOOL EDUCATORS: HOW THE FIFTH CIRCUIT'S DECISION IN T.O. v. FORT BEND INDEPENDENT SCHOOL DISTRICT HIGHLIGHTS THE INADEQUATE CONSTITUTIONAL CURRICULUM FOR ACADEMIC CORPORAL PUNISHMENT 67 Villanova Law Review 201 (2022) Battered schoolchildren are not interested in post-punishment relief. What they want--and deserve--is not to be hit in the first place. After eighth-grade student Trey Clayton failed to sit in his assigned seat for class, an assistant principal struck him three times on the buttocks as punishment. The paddling was so severe that Clayton fainted... 2022
Phyllis C. Taite INEQUALITY BY UNNATURAL SELECTION: THE IMPACT OF TAX CODE BIAS ON THE RACIAL WEALTH GAP 110 Kentucky Law Journal 639 (2021-2022) Table of Contents. 639 Introduction. 640 I. Social Darwinism. 641 II. Real Estate Investment Trusts and Mass Incarceration. 643 A. What Is a Real Estate Investment Trust?. 643 B. What Is the Relationship Between Mass Incarceration and Tax Policy?. 646 i. The Rise of Private Prisons and Detention Centers. 646 ii. Show Me the Money!. 648 C. The... 2022
Emily Suski INSTITUTIONAL BETRAYALS AS SEX DISCRIMINATION 107 Iowa Law Review 1685 (May, 2022) ABSTRACT: Title IX jurisprudence has a theoretical and doctrinal inadequacy. Title IX's purpose is to protect public school students from sex discrimination in all its forms. Yet, courts have only recognized three relatively narrow forms of sex discrimination under it. Title IX jurisprudence, therefore, cannot effectively recognize as sex... 2022
Savannah L. Murphy IT STARTS AND ENDS WITH THE SCHOOLS: USING STRICT IDEA ENFORCEMENT TO SUNDER THE SCHOOL-TO-PRISON-PIPELINE FOR SPECIAL EDUCATION STUDENTS 48 Ohio Northern University Law Review 359 (2022) Many scholars have advocated for the unification of IDEA, ADA, and Section 504 principles in the juvenile adjudication process. This comment seeks a different approach. We should not have to unify two separate concepts, but rather strive to keep them in their own distinct universes. Special education and juvenile delinquency should not intersect.... 2022
Jason P. Nance , Michael Heise LAW ENFORCEMENT OFFICERS, STUDENTS, AND THE SCHOOL-TO-PRISON PIPELINE: A LONGITUDINAL PERSPECTIVE 54 Arizona State Law Journal 527 (Summer, 2022) Recent data indicate that a majority of schools now have regular contact with law enforcement officers, transforming the educational experience for hundreds of thousands of students nationwide. The proper role of police officers in schools, if any, has been hotly debated for years. But this debate was elevated to an unprecedented level during the... 2022
Michael Swistara MUTUAL LIBERATION: THE USE AND ABUSE OF NON-HUMAN ANIMALS BY THE CARCERAL STATE AND THE SHARED ROOTS OF OPPRESSION 12 University of Miami Race & Social Justice Law Review 312 (Spring, 2022) The carceral state has used non-human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non-consenting... 2022
Tiffany Williams Brewer , H. Mitchell Caldwell NO GIRL LEFT BEHIND: GIRLS COURTS AS A RESTORATIVE JUSTICE APPROACH TO HEALING 52 Seton Hall Law Review 685 (2022) This Article examines the need for a gendered restorative justice approach to healing girls from the trauma, abuse, abandonment, addiction, violence, and misdirection that many of them have encountered because of the juvenile justice system's abandonment of its restorative justice roots and its failure to adequately account for gender distinctions... 2022
Bo Malin-Mayor PROCEDURALIZE STUDENT SPEECH 131 Yale Law Journal 1880 (April, 2022) This Note proposes an important new dimension for student-speech jurisprudence: procedure. Current doctrine focuses on sorting the speech itself into categories, largely ignoring the school's response. But empirical evidence shows that how a school regulates speech determines whether students learn the lessons that schools intend or simply turn... 2022
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