| Author | Title | Citation | Summary | Year |
| 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 |
| Frank D. LoMonte |
COPYRIGHT versus THE RIGHT TO COPY: THE CIVIC DANGER OF ALLOWING INTELLECTUAL PROPERTY LAW TO OVERRIDE STATE FREEDOM OF INFORMATION LAW |
53 Loyola University Chicago Law Journal 159 (Fall, 2021) |
Journalists, researchers, and activists rely on freedom-of-information laws for access to the essential data and documents they need. But the ability to copy and republish public documents exists in the chilling shadow of copyright law. This Article looks at the growing tension between two bodies of law--federal copyright law and state... |
2021 |
| 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 |
| 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 |
| Reginald M. Turner , Joseph B. Urban |
EDUCATING CHILDREN ON THEIR BASIC HUMAN RIGHTS |
47 Human Rights I (2021) |
In this issue of Human Rights, we focus on achieving access to justice for those among us who are so many times easily ignored or overlooked--our children. The belief that children should be seen and not heard would seem to have gone out of fashion, along with the home telephone and the answering machine. Unfortunately, this corrosive belief is... |
2021 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Daniel Polonsky |
EQUAL PROTECTION THROUGH STATE CONSTITUTIONAL AMENDMENT |
56 Harvard Civil Rights-Civil Liberties Law Review 413 (Summer, 2021) |
By requiring proof of intent to discriminate, federal equal protection doctrine has limited the possibility of achieving substantive racial equality through litigation in federal courts. Unfortunately, state courts have not provided a substantially better avenue for this project. Many state courts have unimaginatively interpreted their... |
2021 |
| 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 |
| Jessica Trujillo |
FIXING ATWATER: MODIFYING THE FOURTH AMENDMENT'S "REASONABLENESS" ANALYSIS TO TRACK STATE LAW |
98 University of Detroit Mercy Law Review 225 (Winter, 2021) |
In Atwater v. City of Lago Vista, the United States Supreme Court solidified police officers' ability to arrest based on probable cause. Probable case was the only limitation the Court placed on an officer's use of discretion. As a result, law enforcement is permitted to make intrusive custodial arrests regardless of the severity of the alleged... |
2021 |
| 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 |
| 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 |
| 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 |
| Philip K. Howard |
FROM PROGRESSIVISM TO PARALYSIS |
130 Yale Law Journal Forum 370 (January 6, 2021) |
The Progressive Movement succeeded in replacing laissez-faire with public oversight of safety and markets. But its vision of neutral administration, in which officials in lab coats mechanically applied law, never reflected the realities and political tradeoffs in most public choices. The crisis of public trust in the 1960s spawned a... |
2021 |
| 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 |
| Hon. Jay Blitzman (Ret.) |
HONORING CHIEF JUSTICE RALPH GANTS |
65-WTR Boston Bar Journal 37 (Winter, 2021) |
Celebrating the visionary legacy of Chief Justice Ralph Gants demands consideration of his commitment to access to justice and achieving racial and ethnic equity, particularly for marginalized communities. The Chief understood the need to address issues involving youth through a developmentally appropriate lens and the reality that many children... |
2021 |
| 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 |
| 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 |
| Melissa R. Nadel , George Pesta , Thomas Blomberg , William D. Bales |
INDIVIDUAL CHARACTERISTICS AND COMMUNITY CONTEXT IN DECISIONS TO DIVERT OR ARREST |
55 Law and Society Review 320 (June, 2021) |
Diversion programs are increasingly being implemented as an alternative to more severe sanctions, especially within juvenile justice. The civil citation program in Florida is unique in that it diverts juveniles away from the justice system at the earliest decision point of arrest. However, despite its growing use in a number of states, there is... |
2021 |
| Deborah Ahrens |
INTRODUCTION |
19 Seattle Journal for Social Justice 387 (Winter, 2021) |
It is a pleasure to introduce the Seattle Journal for Social Justice Symposium issue, Jails and Prisons: Rights, Re-Entry, and Reform. This symposium brought together a spectrum of voices to discuss the most pressing issue facing people who are incarcerated and people rejoining communities, and the authors challenge us to consider how best to... |
2021 |
| Courtney Anderson , Tanya Washington Hicks |
INTRODUCTION: ASSUMING A CRITICAL LENS IN LEGAL STUDIES: RECONCILING LAWS AND REALITY |
37 Georgia State University Law Review 1125 (Summer, 2021) |
C1-2CONTENTS Introduction. 1126 I. Voting Rights As Quintessential to Equal Access to and Participation in Democracy. 1128 II. Education Is an Engine for Socioeconomic Mobility. 1130 III. The Racialized Criminal (In)Justice System Condemns Individuals and Communities. 1134 IV. Separate and Unequal Housing. 1136 Conclusion. 1138 |
2021 |
| Susannah G. Price |
INVISIBLE VICTIMS: COMBATTING THE CONSEQUENCES OF THE COLLEGE ADMISSIONS SCANDAL FOR LEARNING-DISABLED STUDENTS |
54 Columbia Journal of Law and Social Problems 461 (Spring, 2021) |
In a recent college admissions bribery scheme, a network of wealthy parents paid entrance exam proctors, admissions insiders, and medical providers to rig the system that enables students with disabilities to receive testing accommodations. By purchasing false disability diagnoses, these parents procured testing accommodations and facilitated... |
2021 |
| 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 |
| Valerie Slater |
JUVENILE JUSTICE |
56 University of Richmond Law Review 107 (Annual Survey 2021) |
This Article serves as a review of recent juvenile justice law and legislative trends in Virginia. This Article will review both codified changes and relevant proposed legislation that did not pass the Legislature to more fully identify trends in juvenile justice. While this Article does not capture every proposed or codified change to Virginia... |
2021 |
| 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 |
| 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 |
| Allison Roda, Ryan Coughlan, Paul Tractenberg, Deirdre Dougherty |
MAKING SCHOOL INTEGRATION WORK IN NEW YORK CITY SCHOOLS: A LONG-TERM SOLUTION TO THE ENDURING PROBLEM OF SEGREGATION AND INEQUALITY |
48 Fordham Urban Law Journal 449 (February, 2021) |
New York City has one of the most segregated public school systems in the country. This is a pressing problem because school segregation creates a divide in access to well-trained teachers, advanced classes, and resources. Yet, in some gentrifying New York City neighborhoods, there are promising signs of more racially and socioeconomically diverse... |
2021 |
| Eva Jellison |
MASSACHUSETTS APPELLATE COURTS MUST DO MORE TO PROTECT YOUNG BLACK PEOPLE FROM UNREASONABLE POLICE INTRUSION |
65-FALL Boston Bar Journal 11 (Fall, 2021) |
No Massachusetts case has explicitly incorporated the combined effects of the race and age of a juvenile in its legal analysis. There are some cases that recognize the impact of a defendant's youth and others that recognize the effects of societal racism. See, e.g., Commonwealth v. Perez, 480 Mass. 562 (2018) (non-homicide youth sentencing);... |
2021 |
| Steven T. Taylor |
MCDERMOTT PARTNER MANAGES TWO OFFICES, PRACTICES EMPLOYMENT LAW, AND ADVOCATES FOR DIVERSITY/RACIAL EQUALITY |
40 Of Counsel 24 (February, 2021) |
It didn't take the partners at Chicago-based McDermott Will & Emery long to see the talents that Pankit Doshi brings to their firm. In the two and half years he's been with the partnership, Doshi's risen to the leadership ranks, serving as the managing partner of McDermott's San Francisco and Silicon Valley offices. He advocates for diversity and... |
2021 |
| Charles D. Hobbs |
MICHIGAN SCHOOL DISCIPLINE |
100-FEB Michigan Bar Journal 32 (February, 2021) |
Fifty-five percent of all expulsions in Michigan involve students of color. Unequal enforcement of due process and recently reformed state laws are the driving force behind that disparity and Michigan's contribution to the school-to-prison-pipeline, but there are solutions. Michigan students have been subjected to overly harsh zero-tolerance laws... |
2021 |
| Chinyere Ezie |
NOT YOUR MULE? DISRUPTING THE POLITICAL POWERLESSNESS OF BLACK WOMEN VOTERS |
92 University of Colorado Law Review 659 (Summer, 2021) |
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's... |
2021 |
| Madeleine Morris |
OPPOSING VIEWPOINTS: SCHOOL RESOURCE OFFICERS: DO THE BENEFITS TO STUDENT SAFETY OUTWEIGH THEIR NEGATIVE IMPACTS? |
41 Children's Legal Rights Journal 193 (2021) |
Schools have always been a place where parents expect their children to be safe and protected. Student resource officer (SRO) programs were created to protect students from violence, but in practice, the safety benefits are often outweighed by their negative effects, such as higher juvenile incarceration rates through the school-to-prison pipeline... |
2021 |
| Kara A. Schmidt |
OUT OF BOUNDS: REVIVING TINKER'S TERRITORIAL NEXUS TO CONSTRAIN SCHOOLS' DISCIPLINARY POWER OVER STUDENT INTERNET SPEECH |
28 George Mason Law Review 853 (Winter, 2021) |
Nick Emmett was a high school senior in 2000. He was a good student with a 3.95 GPA; he was co-captain of his basketball team; and he had no disciplinary history with his school. On February 13, 2000, Nick decided to create a web page titled the Unofficial Kentlake High Home Page. He was at home, using his own free time. The site included... |
2021 |
| Naomi E. S. Goldstein , Rena Kreimer , Siying Guo , TuQuynh Le , Lindsey M. Cole , Amanda NeMoyer , Stephanie Burke , George Kikuchi , Kevin Thomas , Fengqing Zhang |
PREVENTING SCHOOL-BASED ARREST AND RECIDIVISM THROUGH PREARREST DIVERSION: OUTCOMES OF THE PHILADELPHIA POLICE SCHOOL DIVERSION PROGRAM |
45 Law and Human Behavior 165 (April, 2021) |
Objectives: Created to combat the school-to-prison pipeline, the Philadelphia Police School Diversion Program offers voluntary community-based services to eligible youth accused of minor school-based offeses in lieu of arrest. This study evaluated program effectiveness in accomplishing goals related to reductions in school-based arrests, serious... |
2021 |
| Mirko Bagaric, Dan Hunter, Jennifer Svilar |
PRISON ABOLITION: FROM NAÏVE IDEALISM TO TECHNOLOGICAL PRAGMATISM |
111 Journal of Criminal Law and Criminology 351 (Spring, 2021) |
The United States is finally recoiling from the mass incarceration crisis that has plagued it for half a century. The world's largest incarcerator has seen a small drop in prison numbers since 2008. However, the rate of decline is so slow that it would take half a century for incarceration numbers to reduce to historical levels. Further, the drop... |
2021 |
| Mary Crossley |
PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE |
30 Annals of Health Law and Life Sciences 101 (Summer, 2021) |
As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... |
2021 |
| Mary Grace Henley |
PROFESSIONALLY CONFUSING: TACKLING FIRST AMENDMENT CLAIMS BY STUDENTS IN PROFESSIONAL PROGRAMS |
50 Stetson Law Review 417 (Spring, 2021) |
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - First Amendment to the U.S. Constitution In November 2012, Paul Hunt, a... |
2021 |
| Thalia González |
RACE, SCHOOL POLICING, AND PUBLIC HEALTH |
73 Stanford Law Review Online 180 (June, 2021) |
The ever-growing list of names of Black victims who have died at the hands of police has emboldened a new public narrative that frames police violence--and other more commonplace, though less lethal, disparate policing practices--as a public health crisis rooted in this country's history of racism and anti-Blackness. This public narrative... |
2021 |
| Kevin P. Brady, Ph.D. , Suzanne Kucharczyk, Ed.D. |
RACIAL DISPROPORTIONALITY AND THE SPECIAL EDUCATION PARADOX: THE DIVIDE BETWEEN LEGAL COMPLIANCE AND THE BEST PRACTICE(S) |
384 West's Education Law Reporter 585 (February 18, 2021) |
An interesting paradox arises with the racialization of disabilities [because the] civil rights response for one group of individuals (i.e., learners with disabilities) has become a potential source of inequities for another group (i.e., racial minority students), despite their shared histories of struggles for equity. In 2019, the U.S.... |
2021 |
| Alexandra Lauren Horn, Esq. |
RECOGNIZING PERSECUTION IN U.S. CRIMINAL JUSTICE AND CAPITAL PUNISHMENT: A POTENTIAL PATH TO ASYLUM RELIEF FOR U.S. NATIONALS |
32 Florida Journal of International Law 369 (Spring, 2021) |
In 2020, amidst a global pandemic, political chaos, and economic recession, the killings of George Floyd and Breonna Taylor, among too many others, brought international attention and outrage to the institutionalized racism which characterizes the U.S. criminal justice system. In a country that claims itself the leader of the free world, people... |
2021 |
| Brianna Harvey , Josh Gupta-Kagan , Christopher Church |
REIMAGINING SCHOOLS' ROLE OUTSIDE THE FAMILY REGULATION SYSTEM |
11 Columbia Journal of Race and Law 575 (July, 2021) |
The United States' family regulation system often begins with well-intentioned professionals making child protection hotline calls, jeopardizing their own ability to work with families and subjecting the families to surveillance. By the system's own standards, most of this surveillance leads to no meaningful action. Nowhere is this reality more... |
2021 |
| Mollie Krent |
REMEDIATING RACISM FOR RENT: A LANDLORD'S OBLIGATION UNDER THE FHA |
119 Michigan Law Review 1757 (June, 2021) |
The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a... |
2021 |
| Christina Payne-Tsoupros |
REMOVING POLICE FROM SCHOOLS USING STATE LAW HEIGHTENED SCRUTINY |
17 Northwestern Journal of Law & Social Policy 1 (Fall, 2021) |
This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal... |
2021 |
| Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 577 (Spring, 2021) |
I. Introduction. 577 II. The Doctrine's Muddled State: Case Law Confounds. 578 III. The Doctrine's Muddled State: Scholarship Divides/Divided. 583 A. Scholarship on the Interment of In Loco Parentis. 585 B. Scholarship on a Surviving but Flawed In Loco Parentis. 593 1. In Loco Parentis and the Mano Animo Approach. 595 2. In Loco Parentis and the... |
2021 |
| Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 613 (Spring, 2021) |
I. Introduction. 613 II. Child Welfare Law and the Implications of CAPTA. 614 III. Education Reform in the Juvenile Justice System. 627 IV. External Reforms and the New Order: Science-Based Reasonableness. 632 Two branches of reform outside of educational law help explain the shift in the expectations on educators to maintain a safe learning... |
2021 |