| Author | Title | Citation | Summary | Year |
| Artika R. Tyner |
THE RACIAL WEALTH GAP: STRATEGIES FOR ADDRESSING THE FINANCIAL IMPACT OF MASS INCARCERATION ON THE AFRICAN AMERICAN COMMUNITY |
28 George Mason Law Review 885 (Spring, 2021) |
The wealth gap between blacks and whites is projected to take 228 years to bridge, which may appear to be an insurmountable challenge. Yet, identifying the challenge and facing the reality of its contributing factors is the first step towards addressing the issue. Economists and scholars have identified many contributing factors influencing this... |
2021 |
| Raymond J. McKoski |
THE REFUSAL OF SUPREME COURT NOMINEES TO DISCUSS LEGAL, POLITICAL, AND SOCIAL ISSUES AT SENATE CONFIRMATION HEARINGS: ETHICAL OBLIGATION OR SURVIVAL STRATEGY? |
73 South Carolina Law Review 27 (Autumn, 2021) |
Supreme Court nominees routinely refuse to discuss their personal views on legal, political, and social issues with members of the Senate Judiciary Committee. Nominees assert that judicial ethics rules prohibit them from discussing any issue that might come before the Court. So, abortion, the death penalty, presidential powers, racial equality,... |
2021 |
| James Naughton |
THE SCHOOL FOIA PROJECT: UNCOVERING RACIAL DISPARITIES IN SCHOOL DISCIPLINE AND HOW TO RESPOND |
52 Loyola University Chicago Law Journal 1045 (Summer, 2021) |
Since 1984, Illinois has had a Freedom of Information Act law on the books that allows anyone--including educational advocates--to request public records. This creates a useful avenue to access and review records for any public entity, including public school districts. This Article proposes that FOIA creates a powerful pathway for educational... |
2021 |
| Charlotte Baughman, Tehra Coles, Jennifer Feinberg, Hope Newton |
THE SURVEILLANCE TENTACLES OF THE CHILD WELFARE SYSTEM |
11 Columbia Journal of Race and Law 501 (July, 2021) |
The family regulation system identifies families through the use of widespread, cross-system surveillance for the purported purpose of keeping children safe. But the system does not surveil all families equally, leading to the disproportionate impact of family regulation on Black, Brown, and Native families, and fails to protect while causing more... |
2021 |
| Brence D. Pernell |
THE THIRTEENTH AMENDMENT AND EQUAL EDUCATIONAL OPPORTUNITY |
39 Yale Law and Policy Review 420 (Spring, 2021) |
Inequities for Black Americans, including educational ones, are now often rooted in neutral policies--ones facially innocent, but effectively discriminatory. This Article helps establish the Thirteenth Amendment as a viable alternative in antidiscrimination law for challenging such policies. While undoing these policies has traditionally been the... |
2021 |
| Brandon Hasbrouck |
THE UNCONSTITUTIONAL POLICE |
56 Harvard Civil Rights-Civil Liberties Law Review 239 (Summer, 2021) |
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial... |
2021 |
| Abigail W. Mahoney |
THE WILLIAMS COMPLAINT AND THE ROLE OF THE LEARNING ENVIRONMENT IN EDUCATION ADEQUACY: "YOU COUNT; DO WELL" |
62 Boston College Law Review 659 (February, 2021) |
Students attending under-resourced public schools are held to the same statewide standards as their peers in wealthier districts, but are attempting to learn under conditions of neglect. In most states, students lacking qualified teachers, safe classrooms, textbooks, and other learning resources have no power to change their learning... |
2021 |
| Alyssa Nielsen |
TIME'S UP: SCHOOLS NEED TO TEACH STUDENTS ABOUT SEXUAL HARASSMENT |
46 Brigham Young University Law Review 921 (2021) |
C1-2Contents I. Current State of the Law: Title IX Liability Under Davis v. Monroe County Board of Education. 923 A. Overview of Actual Knowledge Standard. 925 B. Overview of Deliberate Indifference Standard. 928 C. Overview of Severity Standard. 931 II. Presumptions Underlying Davis. 932 A. The Court's Reasoning. 933 1. Student sexual... |
2021 |
| Kelsey Scarlett, Lexi Weyrick |
TRANSFORMING THE FOCUS: AN INTERSECTIONAL LENS IN SCHOOL RESPONSE TO SEX DISCRIMINATION |
57 California Western Law Review 391 (Spring, 2021) |
Intersectionality refers to the reality that a person's different identities (such as race, gender, and class, among others) exist simultaneously and when taken as a whole are what inform the discrimination they face. When Title IX, a law prohibiting sex discrimination in educational settings, was first passed by Congress in 1972, the only identity... |
2021 |
| Hon. Jay D. Blitzman (ret.) , Steven F. Kreager, Esq. |
TRANSPARENCY AND FAIRNESS: OPEN THE DOORS |
102 Massachusetts Law Review 38 (April, 2021) |
In addressing the evolving narrative regarding lifting the veil of secrecy that has traditionally characterized closed child welfare and juvenile delinquency proceedings, this article argues that greater transparency is a necessary component in realizing the therapeutic role of fundamental fairness and due process and is consistent with the... |
2021 |
| E. Christi Cunningham |
TRAUMATIZED SYSTEMS THEORY: ACCOUNTABILITY FOR RECURRENT SYSTEMIC HARM |
71 Case Western Reserve Law Review 987 (Spring, 2021) |
C1-2Contents Introduction. 988 I. Recurrent Systemic Harm. 991 A. Defining Systems. 991 B. Examples of Recurrent Systemic Harm. 995 1. Corporate Risk-Taking. 995 2. Systemic Racism. 996 3. Artificial Intelligence. 997 II. Trauma and Trauma Response. 998 A. Trauma. 998 B. Perpetrator Trauma: Trauma to Those who Inflict Trauma. 1002 C. Trauma... |
2021 |
| Jyoti Nanda |
WEB OF INCARCERATION: SCHOOL-BASED PROBATION |
21 Nevada Law Journal 1117 (Spring, 2021) |
Close to three quarters of a million cases flow through the United States' juvenile justice system annually. Juvenile probation is the mostly commonly utilized form of sentencing, yet juvenile probation has not been the focus of sustained research or analysis. This Article focuses on School-Based Probation, a type of juvenile probation program that... |
2021 |
| Brianna D. Gaddy |
WHAT'S HAIR GOT TO DO WITH IT?: HOW SCHOOL HAIR POLICIES VIOLATE THE UNITED STATES CONSTITUTION |
6 ALR Accord 155 (March 31, 2021) |
Introduction. 156 I. Background. 158 A. Discriminatory Hair Policies. 158 II. Analysis. 160 A. History of Black Hair in the United States. 160 B. Data on School Discipline. 163 C. Combatting Discriminatory School Hair Policies Through State and Federal Action. 165 1. CROWN Act. 165 2. Title VI of the Civil Rights Act. 170 III. Recommendations. 171... |
2021 |
| Peggy Nicholson |
WHEN VIRTUAL DISCIPLINE BECOMES VIRTUAL SUSPENSION: PROTECTING THE DUE PROCESS RIGHTS OF VIRTUAL LEARNERS |
50 Journal of Law and Education 133 (Fall, 2021) |
It is well established that public school students do not shed their constitutional rights at the schoolhouse door. But what about when the schoolhouse door is a computer screen, with students entering and exiting the learning environment from the comfort of their homes through an internet-enabled device? The rise of virtual learning, expedited... |
2021 |
| Aya Gruber |
WHEN WE BREATHE: RE-ENVISIONING SAFETY AND JUSTICE IN A POST-FLOYD ERA |
18 Ohio State Journal of Criminal Law 693 (Spring, 2021) |
Thank you so much for inviting me to give this lecture. I have heard about the Bod Squad, and had been looking forward to meeting in person, but alas our lives are on Zoom for the moment. Thank you, Dean Davies, Connie Bodiker, Amy Bodiker-Baskes, and Fred Isaac for making this event possible. I also want to express my gratitude to the... |
2021 |
| Elsa Haag |
WHO PROTECTS WHOM: FEDERAL LAW AS A FLOOR, NOT A CEILING, TO PROTECT STUDENTS FROM INAPPROPRIATE USE OF FORCE BY SCHOOL RESOURCE OFFICERS |
16 Duke Journal of Constitutional Law & Public Policy Sidebar 187 (March 17, 2021) |
Over the past forty years, students in the U.S. have experienced increasingly strict school discipline policies and increased police presence in schools. The proportion of U.S. schools patrolled by police increased from about 1 percent in 1975 to nearly 50 percent in 2017. Legislators and policy makers have sent police, often called school... |
2021 |
| T. Andrew Brown |
WHY ALL LAWYERS SHOULD CARE ABOUT EDUCATION |
93-OCT New York State Bar Journal 4 (September/October, 2021) |
As students of all ages return to schools and campuses across the country this fall, we are once again reminded of the many doors in life that are only opened through education. Despite growing up in a family of little means, I was fortunate to be raised in a household that valued the importance of education and knew that that was the pathway to... |
2021 |
| Caroline A. Foster |
YOUR HOME, THE NEW CLASSROOM: HOW PUBLIC-SCHOOL ZOOM USE ENCROACHES INTO FAMILY PRIVACY |
22 Journal of High Technology Law 131 (2021) |
When COVID-19 struck the world in mid-March 2020, school closures in the United States prompted school officials to restructure learning to an online platform. As a result of this transition to online learning, Zoom quickly rose to the forefront of platforms utilized by schools due to its video conferencing capabilities. Zoom became a desirable... |
2021 |
| Aya Gruber |
#Metoo and Mass Incarceration |
17 Ohio State Journal of Criminal Law 275 (Spring, 2020) |
When I was a law student and an aspiring criminal lawyer, I always felt mired in a feminist defense attorney dilemma. On the one hand, I was intimately familiar with the harms of sexual assault and firmly believed that gender crimes reflected and reinforced women's second-class status. On the other, I was involved in public defense and...; Search Snippet: ...raped at levels that nobody has ever seen before. [FN22] Zero tolerance necessarily occurs against the backdrop of rape law's racist past and present. Many #MeToo devotees know that the U.S... |
2020 |
| Charisa Smith |
#Whoami?: Harm and Remedy for Youth of the #Metoo Era |
23 University of Pennsylvania Journal of Law and Social Change 295 (2020) |
Legal approaches to sexual and gender-based harms between minors are both ineffective and under-examined. Despite the #MeToo movement, the flashpoint confirmation hearing of Supreme Court Justice Kavanaugh involving alleged high school peer sexual assault, and heightened public awareness, fundamental issues regarding individuals under age eighteen...; Search Snippet: ...American schools function. ); Verna L. Williams, Title IX and Discriminatory School Discipline, 6 Tenn. J. Race, Gender & Soc. Just. 67, 67-76, 79-80 (2017) (urging... |
2020 |
| Tomar Pierson-Brown |
(Systems) Thinking like a Lawyer |
26 Clinical Law Review 515 (Spring, 2020) |
This Article discusses systems thinking as an innovative approach to contextualizing legal advocacy. Systems thinking, a paradigm that emphasizes universal interconnectivity, provides a theoretical basis for parsing the structural environment in which law-related problems emerge and are addressed. From the array of conceptions about what it means...; Search Snippet: ...§ 300.534 . For a more nuanced explanation of the school- to- prison pipeline, see Thalia González, Keeping Kids in Schools: Restorative Justice, Punitive Discipline, and the School to Prison Pipeline , 41 J.L. & Educ. 281 (2012) ; Jason P. Nance, Dismantling the School- to- Prison Pipeline: Tools for Change , 48 Ariz. St. L.J. 313 (2016) ; and Chauncee Smith, Deconstructing the Pipeline: Evaluating School... |
2020 |
| Anders Walker |
[Dis]integration: Second-order Diversity and Schools |
109 Georgetown Law Journal Online 21 (Summer, 2020) |
This Article challenges the prevailing definition of diversity. Borrowing from Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones-- places where minority students and faculty can occupy majority positions and are able to exercise majority control. Such...; Search Snippet: ...supra note 92. See Linsey Edwards, Homogeneity and Inequality: School Discipline Inequality and the Role of Racial Composition , 95 Soc. Forces 55, 55-56 (2016); Karl L... |
2020 |
| Kamali Houston |
A Classroom as an Opportunity to Learn, Not an Obligation to Fill a Seat: Accommodating Hidden Disabilities in Marginalized Communities |
63 Howard Law Journal 431 (Spring, 2020) |
I . am unsatisfied with the hope of an ultimate political solution sometime in the indefinite future while, in the meantime, countless children unjustifiably receive inferior educations that may affect their hearts and minds in a way unlikely to ever be undone. --Justice Marshall, dissenting in San Antonio Indep. Sch. Dist. v. Rodriguez, 441...; Search Snippet: ...were struck down were implemented in an effort to mitigate racist discipline in schools that contribute to the school- to- prison pipeline. [FN165] In rescinding the guidelines, DeVos has long said... |
2020 |
| Carlton Waterhouse |
African American Reparations: a Rough Sketch of the Road to Educational and Economic Restoration |
63 Howard Law Journal 393 (Spring, 2020) |
In America and throughout modern societies, institutions provide the context in which generations pass on values and resources to future generations. Institutions also represent the means by which prominent African American leaders struggled against the oppression of slavery and segregation and passed on their resources to future generations....; Search Snippet: .... See F. Chris Curran Estimating the Effect of State Zero Tolerance Laws on Exclusionary Discipline, Racial Discipline Gaps, and Student Behavior, Educational Evaluation and Policy Analysis... |
2020 |
| John Marinelli |
Another Brick in the Wall: a Call for Reform to Maryland's Disturbing-school Law |
57 American Criminal Law Review Online 119 (Spring, 2020) |
On a December day in 2013, fourteen-year-old Qoyasha left class without permission and led administrators on a chase through the halls of his Salisbury, Maryland middle school. Qoyasha eventually returned to his technology classroom, but when school officials finally caught up to him, he refused to accompany them to the principal's office. Unable...; Search Snippet: ...roughly equal levels of misconduct among racial groups. [FN21] The school- to- prison pipeline thus fuels racial discrimination as well as over-incarceration. 3. Negative Effects Interaction... |
2020 |
| Mckenna Kohlenberg |
Booked but Can't Read: "Functional Literacy," National Citizenship, and the New Face of Dred Scott in the Age of Mass Incarceration |
44 New York University Review of Law and Social Change 213 (2020) |
For Black men in the contemporary age of mass incarceration, the consequences of functional illiteracy are devastating. 70% of America's adult incarcerated population and 85% of juveniles who interface with the juvenile court system are functionally illiterate, which extends beyond the ability to read and includes the development of problem-solving...; Search Snippet: ...Acknowledging the racialized illiteracy crisis in Madison and the district's racial disparities in school discipline, MMSD School Board President Gloria Reyes contends that the good work teachers are doing to support the district's anti- racism efforts also should be recognized. [FN370] Consider Michelle Alexander's words... |
2020 |
| Abbe Smith |
Can You Be a Feminist and a Criminal Defense Lawyer? |
57 American Criminal Law Review 1569 (Fall, 2020) |
Young people in the current cultural generation seem to like the word literally. They use it often and with great feeling, though not necessarily accurately. Law students will exclaim, for example, that the length of reading assignments is literally killing them. Young public defenders will complain that judges and prosecutors are literally...; Search Snippet: ...black women face particular peril because of the ways that race and culture have not been sufficiently considered in the analysis... |
2020 |
| Maryrose Robson |
Charters' Disregard for Disability: an Examination of Problems and Solutions Surrounding Student Discipline |
29 Boston University Public Interest Law Journal 353 (Summer, 2020) |
Introduction. 354 I. Disability and Discipline in Charter Schools: An Overview of the Issues. 358 A. What Makes Charter Schools Special?. 359 B. Current Problems with Student Discipline. 360 II. Federal Legal Protections for Students with Disabilities. 362 A. Individuals with Disabilities Education Act. 363 1. Free and Appropriate Public Education...; Search Snippet: ...Public Policy and Education Fund of New York, Systemic Racism & New York State's School to Prison Pipeline 12 (2019) (finding that one report stated that New York's laws and policies on school discipline favor harsh, exclusionary punishments that unfairly target students of color... |
2020 |
| Nancy E. Dowd |
Children's Equality Rights: Every Child's Right to Develop to Their Full Capacity |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,...; Search Snippet: ...of students placed in alternative schools, at the intersection of race and disability, Barbara Fedders, Schooling at Risk , 103 Iowa L... |
2020 |
| Nancy E. Dowd |
Children's Equality: the Centrality of Race, Gender, and Class |
47 Fordham Urban Law Journal 231 (February, 2020) |
Hierarchies among children dramatically impact their development. Beginning before birth, and continuing during their progression to adulthood from birth to age 18, structural and cultural barriers separate and subordinate some children, while they privilege others. The hierarchies replicate patterns of inequality along familiar lines, particularly...; Search Snippet: ...differential treatment begins even earlier. See Tom Rudd, Kirwan Inst., Racial Disproportionality in School Discipline: Implicit Bias Is Heavily Implicated 2 (2014), http://kirwaninstitute.osu.edu/wp-content/uploads/2014/02/ racial-disproportionality-schools-02.pdf [https://perma.cc/8LFQ-44CP] ( Black students as... |
2020 |
| Jacque Phillips, Elie Zwiebel, Rachel Dore, Igor Raykin, Makenzie Bogart, Michael Nolt |
Colorado School Discipline Law: Gaps and Goals |
97 Denver Law Review 347 (Winter, 2020) |
This Article emphasizes the problem in Colorado with school discipline laws that fail to protect children. The school-to-prison pipeline runs strong for students of color, students with disabilities, and LGBTQIA students in particular. A comparison with the other states in the Tenth Circuit is included. However, as long as the Trump Administration...; Search Snippet: ...withdrew Obama Administration guidance instructing school districts to reduce both racial disparities in school discipline as well as the use of exclusionary disciplinary practices. [FN1... |
2020 |
| Clare Huntington , Elizabeth S. Scott |
Conceptualizing Legal Childhood in the Twenty-first Century |
118 Michigan Law Review 1371 (May, 2020) |
The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges,...; Search Snippet: ...of Educ., Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline (2014) [hereinafter Obama Dear Colleague Letter], https://www2.ed.gov/about/offices... |
2020 |
| Kimberly Jenkins Robinson |
Designing the Legal Architecture to Protect Education as a Civil Right |
96 Indiana Law Journal 51 (Fall, 2020) |
Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes...; Search Snippet: ...School to Justice in Court: Seeking Litigation Approaches to Challenge Racial Disparities in School Discipline , 17 Conn. Pub. Int. L.J. 87, 92 (2017) . Lawrence... |
2020 |
| Kevin E. Jason |
Dismantling the Pillars of White Supremacy: Obstacles in Eliminating Disparities and Achieving Racial Justice |
23 CUNY Law Review 139 (Winter, 2020) |
Introduction. 140 I. A Tale of Two Americas Still Persists Today Between People of Color and Whites. 142 II. The Four Pillars Of White Supremacy: A Proposed Framework and Illustration Through Housing Policies. 148 A. Recognizing the Four Pillars of White Supremacy. 148 B. The Four Pillars at Work in Government-Led and Government-Sanctioned Housing...; Search Snippet: ...10, 2018), https://perma.cc/C866-6T86. See Moriah Balingit, Racial Disparities in School Discipline Are Growing, Federal Data Show Wash. Post (Apr. 24, 2018... |
2020 |
| Teri Dobbins Baxter |
Dying for Equal Protection |
71 Hastings Law Journal 535 (April, 2020) |
When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor...; Search Snippet: ...Cases) See Nance, supra note 18, at 929 (noting racial disparities in school discipline); Alexander supra note 15, at 124 (noting that the decision... |
2020 |
| Erin M. Carr |
Educational Equality and the Dream That Never Was: the Confluence of Race-based Institutional Harm and Adverse Childhood Experiences (Aces) in Post-brown America |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 115 (Fall, 2020) |
C1-3Table of Contents I. Introduction. 115 II. Trauma, Institutional Racism, and Cognitive Development: The Trifecta of Childhood Harm. 116 III. Educational Equality: The Dream That Never Was. 123 IV. The School-to-Prison Pipeline as the Manifestation and Perpetuation of Race-Base Adverse Childhood Experiences (ACEs). 126 V. Recommendations for a...; Search Snippet: ...Educational Equality: The Dream That Never Was 123 IV. The School- to- Prison Pipeline as the Manifestation and Perpetuation of Race-Base Adverse Childhood Experiences (ACEs) 126 V. Recommendations for a... |
2020 |
| Morgan Craven, J.D., Paula Johnson, Ph.D., Terrence Wilson, J.D. |
Eradicating the School-to-prison Pipeline Through a Comprehensive Approach to School Equity |
42 University of Arkansas at Little Rock Law Review 703 (Summer, 2020) |
When examining the school-to-prison pipeline, most focus on issues of exclusionary discipline, the presence of police in schools, or the use of intrusive surveillance and monitoring systems. To close the pipeline, agencies, educators, and advocates must also examine other, broader factors that contribute to educational inequities. We argue in this...; Search Snippet: ...exploding in the 1990s. [FN9] The expansion in schools of zero- tolerance policies that encouraged immediate and harsh punishments, even for minor... |
2020 |
| Andrew Koppelman |
Gay Rights, Religious Liberty, and the Misleading Racism Analogy |
2020 Brigham Young University Law Review 1 (2020) |
C1-2Contents I. As Evil as Racism. 3 II. Seven Analogies. 7 A. Destructive Effects. 7 B. Falsehood. 7 C. Evil. 9 D. Disgust. 17 E. Floodgates. 18 F. Violence and Cruelty. 21 G. Insult. 28 III. I'm Not Going to Hurt You. 30; Search Snippet: ...laws are offered, they collide with another, equally powerful principle: zero tolerance for racism and similar malign ideologies. Religious accommodation is often made available... |
2020 |
| Jennifer Carlson |
Gun Studies and the Politics of Evidence |
16 Annual Review of Law and Social Science 183 (2020) |
firearms, gun culture, gun politics, gun violence, Second Amendment This review is about scholarly contributions to a hotly debated issue--gun policy. Teasing apart the politics of evidence within gun politics, it examines both how research agendas shape gun policy and politics as well as how gun policy and politics shape research agendas. To do...; Search Snippet: ..827-48 Kupchik A. 2009. Things are tough all over: race, ethnicity, class and school discipline. Punishm. Soc. 11(3):291-317 Lee CKY. 1996. Race... |
2020 |
| Athena D. Mutua |
Liberalism's Identity Politics: a Response to Professor Fukuyama |
23 University of Pennsylvania Journal of Law and Social Change 27 (2020) |
INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and...; Search Snippet: ...prep time, nurses and counselors in every school. They put racial justice at the center of their demands, arguing for fair... |
2020 |
| Deborah Fowler , Madison Sloan , Dr. Ellen Stone |
Making the Case for a School-and-neighborhood Desegregation Approach to Deconstructing the School-to-prison Pipeline |
42 University of Arkansas at Little Rock Law Review 723 (Summer, 2020) |
Last year marked the sixty-fifth anniversary of the Supreme Court of the United States' landmark decision in Brown v. Board of Education. It also marked the twentieth anniversary of the Columbine school shooting, one of the high-profile tragedies that fast-tracked a shift in policy in the way that school discipline is handled across the country. In...; Search Snippet: ...J. Skiba et al., The Color of Discipline: Sources of Racial and Gender Disproportionality in School Punishment , 34 Urb. Rev. 317... |
2020 |
| Steven H. Shiffrin |
Morality and the First Amendment |
18 First Amendment Law Review 65 (Spring, 2020) |
Moral judgments can and should play an important role in the interpretation of the First Amendment, and the First Amendment should be interpreted to facilitate the leading of moral lives by its people, including its corporate and public officials. These claims are controversial because most scholars would deny that it is appropriate for courts to...; Search Snippet: ...speech by the Klan is a good thing. In fact, zero tolerance of racist speech would honor our commitment to equal citizenship. We need... |
2020 |
| Pallavi M. Vishwanath |
Neurodiversity in Public Schools: a Critique of Special Education in America |
47 Hastings Constitutional Law Quarterly 595 (Summer, 2020) |
Today, education is perhaps the most important function of state and local governments. If equal educational opportunity were a constitutional right, then all students could have the opportunity to maximize their potential. Alternatively, the lack of cultural, political, and legal recognition of intelligence pluralism results in lost human...; Search Snippet: ...Muhammad, The Confluence of Language and Learning Disorders and the School- To- Prison Pipeline Among Minority Students of Color: A Critical Race Theory , 26 Am. U. J. Gender & Soc. Pol'y & L. 691... |
2020 |
| Leonora Gogos |
Peer Mediation: Equipping Student Leaders with the Ability to Resolve Internal Conflicts |
21 Cardozo Journal of Conflict Resolution 349 (Winter, 2020) |
Crime and youth violence are a major problem facing the United States today. The United States has developed the reputation of being a country that nurtures young minds and promises them a holistic education. Currently, there are around 54.8 million students enrolled in grades K-12 in the United States. However, crime rates are rising among...; Search Snippet: ...peer-mediation-toolkit.pdf. Id Id Terry Keleher, Racial Disparities Related to School Zero Tolerance Policies: Testimony to the U.S. Commission on Civil Rights (2000... |
2020 |
| Aaron Kupchik , F. Chris Curran , Benjamin W. Fisher , Samantha L. Viano |
Police Ambassadors: Student-police Interactions in School and Legal Socialization |
54 Law and Society Review 391 (June, 2020) |
The recent influx of police officers into US public schools has reshaped the context and frequency of children's interactions with police. Yet we know little about how the presence of these officers in schools impacts the legal socialization of students, and whether youth of color might be affected or socialized in different ways than white youth....; Search Snippet: ...Univ. Curran, F. Chris. 2016. Estimating the Effect of State Zero Tolerance Laws on Exclusionary Discipline, Racial Discipline Gaps, and Student Behavior. Educational Evaluation and Policy Analysis... |
2020 |
| Emily Plakon |
Reactionary Legislation: the Marjory Stoneman Douglas High School Public Safety Act |
49 Stetson Law Review 679 (Summer, 2020) |
Without reflection, we go blindly on our way, creating more unintended consequences, and failing to achieve anything useful. --Morgan J. Wheatley At 2:21 p.m. on February 14, 2018, a gunman, armed with an AR-15 and numerous magazines, entered Marjory Stoneman Douglas High School after an Uber driver dropped him off. The gunman was wearing a gas...; Search Snippet: ...See Chauncee D. Smith, Comment, Deconstructing the Pipeline: Evaluating School- to- Prison Pipeline Equal Protection Cases Through a Structural Racism Framework , 36 Fordham Urb. L.J. 1009, 1012, 1018-19 (2009) The phrase school- to- prison pipeline conceptually categorizes an ambiguous, yet seemingly systematic, process through... |
2020 |
| Anna G. Bobrow |
Restoring Honor: Ending Racial Disparities in University Honor Systems |
106 Virginia Law Review Online 47 (June, 2020) |
In student-led academic honor systems, students establish policies governing lying, cheating, or stealing (referred to as academic misconduct); adjudicate reports of academic misconduct among their peers; and determine appropriate sanctions. These systems have been a common feature of American universities since the early eighteenth century, and...; Search Snippet: ...secondary schools to annually report data about the outcomes of school discipline proceedings broken down by race, [FN60] parents and non-profits regularly use these data to... |
2020 |
| Rainét N. Spence , Corresponding: rspencefcr@gmail.com |
Saved by the Bell: Reclaiming Home Court Advantage for At-risk Youth Funneled into the School-to-prison Pipeline |
58 Family Court Review 227 (January, 2020) |
Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the school-to-prison pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions...; Search Snippet: ...for specific schools. Part III outlines the negative impact of zero tolerance policies by exploring the presence of police and disparities among race and disabled students. This part explains some programs that were... |
2020 |
| Maya Weinstein |
School of Surveillance: the Students' Rights Implications of Artificial Intelligence as K-12 Public School Security |
98 North Carolina Law Review 438 (January, 2020) |
Concerns about school safety dominate the nation as school shootings leave parents, children, and school officials in constant fear. In response to the violence, some schools are acquiring advanced artificial intelligence surveillance technology, including facial recognition and geolocation tracking devices, to strengthen security. The companies...; Search Snippet: ...Am. Bar Ass'n, ABA Task Force on Reversing the School- to- Prison Pipeline 10 (2018), https://www.americanbar.org/content/dam/aba/images/ racial_ethnic_justice/Final%20School2PrisonPipeline-2nd-012618.pdf [https://perma.cc/T33B-X76H... |
2020 |
| Crystal Grant |
Special Education by Zip Code: Creating Equitable Child Find Policies |
52 Loyola University Chicago Law Journal 127 (Fall, 2020) |
It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the...; Search Snippet: ...Civ. Rts., U.S. Dep't of Educ., Dear Colleague Letter: Preventing Racial Discrimination in Special Education 11 (Dec. 12, 2019) [hereinafter Preventing Racial Discrimination], https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201612... |
2020 |