| Author | Title | Citation | Summary | Year |
| The Honorable Jane Kelly |
THE POWER OF THE PRIOR CONVICTION |
97 New York University Law Review 902 (June, 2022) |
Introduction. 902 I. Use of Prior Convictions in Sentencing: Historical Perspective and Evolution. 906 II. Examining the Factors Underlying Prior Convictions. 913 A. Discretion and Bias in the Criminal Justice System. 915 B. Pipelines to the Criminal Justice System. 920 C. Collateral Consequences of Conviction. 925 Conclusion. 930 |
2022 |
| Kimberly Jade Norwood , Ronald Alan Norwood |
THE ROOT AND BRANCHES OF STRUCTURAL SCHOOL RACISM IN MISSOURI: A STORY OF FAILURE BY DESIGN AND THE ILLUSION AND HYPOCRISY OF SCHOOL CHOICE |
67 Washington University Journal of Law & Policy 293 (2022) |
Since Missouri was first admitted into the Union as a slave state, it has been hostile to the education of its Black residents. This Article examines the evolution of that hostility from 1821 through 2021 (from the most overt and blatant in the early years, to the subtler and covert in the modern era). Starting with the original total ban on the... |
2022 |
| Jon M. Garon |
TO BE SEEN BUT NOT HEARD: HOW THE INTERNET'S NEGATIVE IMPACT ON MINORS' CONSTITUTIONAL RIGHT TO PRIVACY, SPEECH, AND AUTONOMY CREATES A NEED FOR EMPATHY-BY-DESIGN |
73 Mercer Law Review 463 (Spring, 2022) |
This Article reviews the rights of individuals younger than eighteen to engage in their daily activities, now often mediated through online service providers, learning management systems, and other technological intermediaries. Unlike prior generations, modern adolescents must navigate the complex world of online society in addition to their family... |
2022 |
| Philip T.K. Daniel, J.D., Ed.D. , Jeffrey C. Sun, J.D., Ph.D. |
TWO CASES, TWO DIFFERENT FREEDOMS: STUDENT FREE SPEECH THROUGH SOCIAL MEDIA AND THE RIGHTS OF MINORITIZED STUDENTS |
27 Texas Journal on Civil Liberties & Civil Rights 179 (Spring, 2022) |
Introduction. 179 I. Balancing Student Free Speech And Maintaining Order In Schools. 183 II. The Limits Of Freedom On Minoritized Students. 186 III. When Language Is Considered A Threat. 190 A. Discerning An Actual Threat. 191 B. Applying The True Threat Inquiry To Bell. 196 IV. Evaluating Speech With A Liberating Systems Lens. 201 A. Accounting... |
2022 |
| Michael Swistara |
WHAT COMES AFTER DEFUND?: LESSONS FROM POLICE AND PRISON ABOLITION FOR THE ANIMAL MOVEMENT |
28 Animal Law 89 (2022) |
As the mass incarceration crisis skyrocketed, the animal protection movement adopted many of the mechanisms of the carceral state. Improving the status of animals was equated with pushing for lengthier sentences for those who caused harm to animals, placing more people into cages for longer periods of time. This disproportionally harmed Black,... |
2022 |
| Hannah Rogers |
"CAN I HAVE SOME PRIVACY?": A LOOK INTO THE UNFORTUNATE TRUTH OF PREGNANCY TESTS THROUGHOUT SPORTS AND THE NEGATIVE IMPACT ON FEMALE ATHLETES |
28 Jeffrey S. Moorad Sports Law Journal 171 (2021) |
Historically, employers have implemented drug tests to ensure employees are not under the influence of dangerous substances while they are at work. Due to the toll many drugs could take on workplace productivity and safety, courts generally uphold preemployment drug testing. Most notably, in 1989, the Supreme Court affirmed these traditional... |
2021 |
| 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 |
| 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 |
| 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 |
| Tiffany Yang |
"SEND FREEDOM HOUSE!": A STUDY IN POLICE ABOLITION |
96 Washington Law Review 1067 (October, 2021) |
Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform,... |
2021 |
| David H. Gans |
"WE DO NOT WANT TO BE HUNTED": THE RIGHT TO BE SECURE AND OUR CONSTITUTIONAL STORY OF RACE AND POLICING |
11 Columbia Journal of Race and Law 239 (April, 2021) |
Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment's transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all, regardless of race. This Article... |
2021 |
| Suzannah Dowling |
(UN)DUE PROCESS: ADVERSARIAL CROSS-EXAMINATION IN TITLE IX ADJUDICATIONS |
73 Maine Law Review 123 (2021) |
Introduction I. Title IX and Campus Sexual Assault A. Title IX's Evolution to Cover Campus Sexual Assault B. Campus Sexual Assault 1. Underreporting of Sexual Assault II. Title IX, Due Process, and Cross-Examination A. The Office for Civil Rights and Title IX Enforcement: University Obligations 1. 2011 Dear Colleague Letter & 2014 Q&A: A... |
2021 |
| 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 |
| 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 |
| Andrew I. Lief |
A PROSECUTORIAL SOLUTION TO THE CRIMINALIZATION OF HOMELESSNESS |
169 University of Pennsylvania Law Review 1971 (June, 2021) |
Introduction. 1972 I. The Criminalization of Homelessness. 1975 A. An Overview of Antihomeless Laws. 1976 B. The Elements of Antihomeless Laws. 1978 II. Cruel and Unusual Status Crimes. 1979 A. Robinson and Powell: The Status-Act Distinction. 1979 B. Antihomeless Laws in Lower Federal Courts. 1982 III. A Mistaken Solution: The Eighth Amendment.... |
2021 |
| 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 |
| |
ADA 30 SYMPOSIUM ISSUE |
45 Harbinger 1 (January 2, 2021) |
During September 2020, the NYU Disability Allied Law Students Association (DALSA) held a series of events in commemoration of the 30th anniversary of the Americans with Disabilities Act. The ADA prohibits discrimination against people with disabilities in employment, government programs, and public accommodations. It was unprecedented in its... |
2021 |
| Janet E. Neeley |
ADDRESSING SEXUAL ASSAULT IN CRIMINAL JUSTICE, HIGHER EDUCATION AND EMPLOYMENT: WHAT RESTORATIVE JUSTICE MEANS FOR SURVIVORS AND COMMUNITY ACCOUNTABILITY |
31-FALL Kansas Journal of Law & Public Policy 1 (Fall, 2021) |
The focus on the harm caused by sexual assault and harassment which began as a result of the #MeToo movement is long overdue. The liberating experience of hearing others speak out has sometimes enabled other survivors to do the same. But the same obstacles remain today that have long prevented many survivors from talking publicly about what... |
2021 |
| 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 |
| 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 |
| Melissa D. Carter |
AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE: WHY CHILDREN'S LAWYERS MUST CHAMPION PREVENTIVE LEGAL ADVOCACY |
42 Children's Legal Rights Journal 1 (2021) |
The time for prevention in child welfare finally seems to have arrived. More than two decades ago, research documenting the effects of child abuse, neglect and family adversity on adult health and well-being furthered understanding about the ways in which adversity and toxic stress experienced in childhood relate to poor outcomes and highlight the... |
2021 |
| Robyn M. Powell, PhD, JD |
APPLYING THE HEALTH JUSTICE FRAMEWORK TO ADDRESS HEALTH AND HEALTH CARE INEQUITIES EXPERIENCED BY PEOPLE WITH DISABILITIES DURING AND AFTER COVID-19 |
96 Washington Law Review 93 (March, 2021) |
The COVID-19 pandemic has been especially devastating for people with disabilities, as well as other socially marginalized communities. Indeed, an emerging body of scholarship has revealed that people with disabilities are experiencing striking disparities. In particular, scholars have shined a light on state and hospital triage policies... |
2021 |
| Addie C. Rolnick |
ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION |
11 Columbia Journal of Race and Law 811 (July, 2021) |
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... |
2021 |
| Cynthia Alkon |
BARGAINING WITHOUT BIAS |
73 Rutgers University Law Review 1337 (Summer, 2021) |
C1-2Table of Contents Introduction. 1338 I. Plea Bargaining is Largely Unsupervised. 1340 A. The Process of Plea Bargaining. 1342 B. Limits on Prosecutorial Power in Plea Bargaining. 1343 II. Racial Disparities are Exacerbated in Plea Bargaining. 1344 III. The Importance, and Possible Bias, of the First Offer. 1347 IV. Possible Fixes: Structural... |
2021 |
| Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
| Jordan Martin |
BREONNA TAYLOR: TRANSFORMING A HASHTAG INTO DEFUNDING THE POLICE |
111 Journal of Criminal Law and Criminology 995 (Fall, 2021) |
How can modern policing be reformed to address police violence against Black women when it can occur at no fault of their own and end with a shower of bullets in the middle of the night while within the sanctity of their own home? What is accomplished when her name is said but justice is never achieved? What good does it do when her story is... |
2021 |
| Nancy A. Welsh |
BUT IS IT GOOD: THE NEED TO MEASURE, ASSESS, AND REPORT ON COURT-CONNECTED ADR |
22 Cardozo Journal of Conflict Resolution 427 (Spring, 2021) |
We know that very few civil matters reach disposition through trial--but what do we really know about how civil cases do reach disposition? What number of civil cases reach disposition through settlement? What number of civil cases reach settlement through court-connected alternative dispute resolution (ADR)? Do we know enough about the results... |
2021 |
| 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 |
| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
| 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 |
| 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 |