AuthorTitleCitationSummaryYearKeyword Intitle or Summary
Michael Heise, Jason P. Nance "DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS 111 Journal of Criminal Law and Criminology 717 (Summer, 2021) Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... 2021 Yes
Alexandra B. Nagy "EQUAL PROTECTION CAN FOLLOW YOU TO THE BATHROOM:" THE ELEVENTH CIRCUIT'S DECISION IN ADAMS v. SCHOOL BOARD OF ST. JOHNS COUNTY 30 Tulane Journal of Law & Sexuality 213 (2021) I. Overview. 213 II. Background. 214 A. Equal Protection and Classifications Based on Sex. 215 B. Title IX and Title VII. 219 III. Court's Decision. 220 IV. Analysis. 226 2021 Yes
Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD "I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY 25 U.C. Davis Social Justice Law Review 73 (Summer, 2021) I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... 2021 Yes
Nicolas Burnosky 2-4-6-8, WHO DO WE APPRECIATE? THE THIRD CIRCUIT SCORES A TOUCHDOWN FOR STUDENT-ATHLETE FREE SPEECH RIGHTS 28 Jeffrey S. Moorad Sports Law Journal 369 (2021) The First Amendment is a continuous source of conflict within the public school context. Schools wield vast discretionary authority to regulate student conduct. However, schools are not totally immune from the dictates of the First Amendment. Schools must comport with the First Amendment's commands, albeit in a limited way due to their unique... 2021 Yes
Kristin Rinehart Totten , Jacquelyn Babinski A FUNDAMENTAL RIGHT TO A QUALITY EDUCATION FOR ALL MICHIGAN CHILDREN 100-FEB Michigan Bar Journal 38 (February, 2021) In Michigan, there are 834 school districts and public school academies, 56 intermediate school districts, and one state Department of Education (MDE). Amid a pandemic that has caused in-person instruction to take a back seat as schools close and reopen, the MDE has issued more than 100 guidance memos. Still, we are left with the most important... 2021 Yes
Megan Helton A TALE OF TWO CRISES: ASSESSING THE IMPACT OF EXCLUSIONARY SCHOOL POLICIES ON STUDENTS DURING A STATE OF EMERGENCY 50 Journal of Law and Education 156 (Spring, 2021) Fifteen years ago, stories of men, women, and children fighting for their lives overwhelmed the headlines. With the click of the remote, living rooms across the United States filled with images of families who were stranded on roof tops and overpasses with no help insight. Some began the trek to the superdome, hoping to be met with government... 2021 Yes
Lynn M. Daggett, J.D., Ph.D., (Education) , Smithmoore P. Myers Chair and Professor of Law, Gonzaga University School of Law ADMISSION OF EVIDENCE IN TITLE IX SEXUAL MISCONDUCT HEARINGS 52 Seton Hall Law Review 1 (2021) New Title IX regulations mandate an adversarial school hearing to resolve formal Title IX complaints of sexual misconduct involving college students. The new regulations adopt an unprecedented approach to the admission of evidence in these hearings. In particular, schools can admit only statements, including medical reports and other documents, by... 2021 Yes
Frank D. LoMonte , Courtney Shannon ADMISSIONS AGAINST PINTEREST: THE FIRST AMENDMENT IMPLICATIONS OF REVIEWING COLLEGE APPLICANTS' SOCIAL MEDIA SPEECH 49 Hofstra Law Review 773 (Spring, 2021) Archie is a straight-A, high school graduate with superlative standardized test scores and extracurricular activities--well in excess of the average credentials at his first-choice college, Riverdale State University. Betty, who works in Riverdale State's admissions office, is about to put Archie's application into the yes pile when she... 2021 Yes
Frank D. LoMonte CENSORSHIP MAKES THE SCHOOL LOOK BAD: WHY COURTS AND EDUCATORS MUST EMBRACE THE "PASSIONATE CONVERSATION" 65 Washington University Journal of Law & Policy 91 (2021) This Article analyzes the Supreme Court's decision in Hazelwood School District v. Kuhlmeiex. The Court held that students have no freedom to choose the content of school-sponsored newspapers or other curricular vehicles, so long as the justification for censorship is reasonably related to legitimate pedagogical concerns. LoMonte argues the Court... 2021 Yes
Naomi Mann CLASSROOMS INTO COURTROOMS 59 Houston Law Review 363 (Fall, 2021) The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... 2021 Yes
Katherine Elizabeth Holloway CONSEQUENCES OF POLICE IN SCHOOLS: THE CRIMINALIZATION OF CHILDREN IN AN ERA OF MASS INCARCERATION 19 Hastings Race and Poverty Law Journal 3 (Winter 2021) I. Introduction. 5 II. The Historical Development of Police Presence in Schools. 7 III. Contemporary Police Presence in Schools. 12 A. The Role of School Resource Officers in Schools. 13 B. The Reality of School Resource Officers in Schools. 14 C. Impact of School-Based Police on School Safety. 17 D. The Role of School-Based Police in the School-to... 2021 Yes
Victor M. Jones COVID-19 AND THE "VIRTUAL" SCHOOL-TO-PRISON PIPELINE 41 Children's Legal Rights Journal 105 (2021) On March 11, 2020, the World Health Organization (WHO) classified the COVID-19 disease as a global epidemiological pandemic, prompting an emergency response by countries that are members of WHO, including the United States. Two days later, the executive branch of the U.S. federal government declared the COVID-19 pandemic a national emergency, and... 2021 Yes
Jill Lesley DISCIPLINE OR CRIME: AN ANALYSIS OF THE USE OF MEMORANDA OF UNDERSTANDING TO REGULATE SCHOOL RESOURCE OFFICER INTERVENTION IN SOUTH CAROLINA SCHOOLS 50 Journal of Law and Education 192 (Spring, 2021) School Resource Officers (SROs) have become an integral part of the education environment and are the product of a societal and policy-minded push of law enforcement in schools. As a result of both federal and state legislation, the number of SROs has increased dramatically and has led to an interest in several topics including juvenile justice,... 2021 Yes
Leah A. Plunkett , Michael S. Lewis EDUCATION CONTRACTS OF ADHESION IN THE COVID-19 PANDEMIC 2021 University of Illinois Law Review Online 1 (Spring, 2021) Stuck inside our house with our young children during the COVID-19 pandemic, we have a newfound appreciation for the vital role that elementary, middle, and high schools play in youth development and the successful functioning of both home and workplace. Today, primary and secondary (K-12) schools and local school districts in the United States... 2021 Yes
David Tipson , Rene Kathawala , Nyah Berg , Lauren Webb EFFECTIVE SCHOOL-INTEGRATION MOBILIZATION: THE CASE FOR NON-LITIGATION ADVOCACY AND IMPACT 48 Fordham Urban Law Journal 475 (February, 2021) Introduction. 475 I. Historical Background. 477 A. School Desegregation in the United States. 477 B. School Integration in New York City. 487 C. Status Quo in 2011. 489 II. Framing the Role for Legal Advocacy. 493 III. Implementation. 500 A. Challenging Legal and Regulatory Structures Inhibiting NYCDOE Action. 500 B. Creating a Precedential... 2021 Yes
Courtney Shannon ENDING SCHOOL CONTRACTS WITH LAW ENFORCEMENT 46 Human Rights 19 (2021) Most recipients of public school education and educators in countless counties and school districts across the nation probably could not remember a time where law enforcement has not had a presence in public schools. Many students have had the pleasure of meeting Officer Friendly on their visits to classrooms in efforts to teach students about... 2021 Yes
Meghan Wicker Darby ENDING THE SCHOOL-TO-PRISON PIPELINE IN SOUTH CAROLINA THROUGH LEGISLATIVE REFORM 50 Journal of Law and Education 390 (Fall, 2021) The school-to-prison pipeline is a real and prevalent issue in the United States in general, but especially in South Carolina. Zero-tolerance policies that take disciplining discretion away from teachers and put it in the hands of the state fuels the pipeline. As a result, thousands of students are disciplined every year for minor harms, and the... 2021 Yes
Perry A. Zirkel ENGLISH LEARNERS IN K-12 SCHOOLS AT THE PERILOUS INTERSECTION WITH DISABILITY LAWS: THE NEED FOR GUARDIAS BILINGÜES 30 Boston University Public Interest Law Journal 59 (Winter, 2021) Introduction. 60 I.Overview of the Intersecting Legal Frameworks. 61 A. EL Statutory Framework. 61 B. Disability Statutory Framework. 63 II.Legal Literature at the EL-Disability Intersection. 65 III.Legal Decisions and Related Authority at the EL-Disability Intersection. 67 A. Identification. 68 1. Child Find. 68 2. Evaluation. 69 3. Eligibility.... 2021 Yes
Kevin Woodson ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT 47 Mitchell Hamline Law Review 224 (November, 2021) For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America's law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial... 2021 Yes
Kevin Woodson ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT 105 Minnesota Law Review Headnotes 481 (Spring, 2021) For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at Americas law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact... 2021 Yes
Helen Hershkoff, Nathan D. Yaffe FEDERALISM AND FEDERAL RIGHTS MINIMALISM: OVERLOOKED EFFECTS ON STATE COURT EDUCATION LITIGATION IN WISCONSIN 2021 Wisconsin Law Review 1011 (2021) In 1973, the U.S. Supreme Court in San Antonio Independent School District v. Rodriguez held that education is not a fundamental right under the Fourteenth Amendment and that the Equal Protection Clause did not bar the state of Texas from using a system of school funding that produced radically unequal educational opportunities for students in... 2021 Yes
Amanda Harmon Cooley FRAMERS' FIDELITY AND THICKET THEORY IN EDUCATIONAL ESTABLISHMENT CLAUSE JURISPRUDENCE 58 San Diego Law Review 1 (February-March, 2021) C1-2Table of Contents I. Introduction. 2 II. An Overview of Education Law Establishment Clause Jurisprudence. 7 III. Fidelity to Madisonian Neutrality in Education Law Establishment Clause Cases Involving Religious Activities Within Public Schools. 11 A. Everson v. Board of Education. 14 B. Illinois ex rel. McCollum v. Board of Education. 18 C.... 2021 Yes
Frank LoMonte , Ann Marie Tamburro FROM AFTER-SCHOOL DETENTION TO THE DETENTION CENTER: HOW UNCONSTITUTIONAL SCHOOL-DISRUPTION LAWS PLACE CHILDREN AT RISK OF PROSECUTION FOR "SPEECH CRIMES" 25 Lewis & Clark Law Review 1 (2021) As unrest erupts across the country over issues of police violence and race, how and when police use their authority inside schools is receiving renewed scrutiny. Students of color are uniquely at risk of being subject to overzealous arrest as a result of a confluence of dangerous factors: Young people are constantly surveilled throughout the... 2021 Yes
Christopher Cruz FROM DIGITAL DISPARITY TO EDUCATIONAL EXCELLENCE: CLOSING THE OPPORTUNITY AND ACHIEVEMENT GAPS FOR LOWINCOME, BLACK, AND LATINX STUDENTS 24 Harvard Latinx Law Review 33 (Spring, 2021) The health and economic crises brought about by COVID-19 in 2020 sent society into a downward spiral with the most marginalized groups in the United States feeling disproportionate impacts. For low-income, Black, and Latinx students in particular, school shutdowns and the transition to online learning exacerbated pre-existing inequities in access... 2021 Yes
Benjamin Justice HOBBLING: THE EFFECTS OF PROACTIVE POLICING AND MASS IMPRISONMENT ON CHILDREN'S EDUCATION 17 Annual Review of Law and Social Science 31 (2021) education, criminal justice, school, policing, incarceration, pipeline Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or cause increased lifetime risk for incarceration for Black and Latinx youth. This... 2021 Yes
Kaitlyn Shepherd I WALK THE LINE: BALANCING TEACHERS' AND STUDENTS' RIGHTS IN THE CONTEXT OF PUBLIC-SCHOOL DISCIPLINE 33 Regent University Law Review 199 (2020-2021) On December 4, 2015, John Ekblad, a physical science teacher at Central High School in St. Paul, Minnesota, attempted to break up an altercation between two students in the school's cafeteria. In the process, one of the students made disparaging racial remarks before punching Ekblad, throwing him to the floor, and strangling him until he lost... 2021 Yes
James Gallagher IMPROVING THE LEGAL AND REGULATORY FRAMEWORK OF RESTRAINT AND SECLUSION IN D.C. PUBLIC SCHOOLS 6 ALR Accord 259 (October 4, 2021) INTRODUCTION. 259 I.CURRENT RESTRAINT AND SECLUSION REGULATORY FRAMEWORK. 265 A. Overview of Current Restraint and Seclusion Regulation. 266 B. OSSE's Authority as the State Education Agency. 269 II.DEFICIENT REGULATIONS AND LAW. 270 A. Current Lack of Regulations Harms Students. 271 B. OSSE's Proposed Rule Does Not Go Far Enough. 273 C. More Due... 2021 Yes
Adrienne Young , Jeffrey Bozell IS EDUCATION THE GREAT EQUALIZER? 100-FEB Michigan Bar Journal 17 (February, 2021) We think it is fair to say that good attorneys identify as lifelong learners. Reading the Michigan Bar Journal each month is itself a form of education for us. But education law? That impacts all of us, too. Amid a global pandemic, vocal demands for equity and change, and ongoing concerns around school safety, education law is more important than... 2021 Yes
Samuel Vincent Jones LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION 21 Berkeley Journal of African-American Law & Policy 84 (2021) Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... 2021 Yes
Tiffany Penner LAWYERS IN SCHOOLS: NAVIGATING THE RISKS AND REWARDS OF SCHOOL-BASED MEDICAL-LEGAL PARTNERSHIPS 59 Houston Law Review 479 (Fall, 2021) In the 2021 case Mahonoy Area School District v. B.L., Justice Breyer called public schools nurseries of democracy, emphasizing the link between the health of a child's experiences in public-school institutions and that child's experiences with civil society as an adult. Understanding the implications of this relationship, trail-blazing lawyers... 2021 Yes
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