| Author | Title | Citation | Summary | Year |
| 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 |
| Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 639 (Spring, 2021) |
I. Introduction. 640 II. Understanding the Evolution of Judicial Review of Education Policy. 641 A. Tradition of Judicial Deference. 644 B. Benchmark Cases Inducing More Rigorous Review. 652 C. An Emerging Pattern in Modern Judicial Review. 656 1. The Failure to Collaborate Cases: Refusing to Defer Based on Statutory Interpretation. 659 2. The... |
2021 |
| Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 691 (Spring, 2021) |
I. Introduction. 691 A. Placing External Reforms. 692 B. Characteristics of Discipline Reform that Increase the Risk of Liability for Educators. 731 II. Conclusion. 742 Now it is time to confront the third great question: At what tipping point should student injury claims succeed when based on the allegation that educators, through policy or... |
2021 |
| Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 557 (Spring, 2021) |
I. The Common Wisdom on Student Safety. 557 II. Alterations in the Underlying Law on Student Safety. 561 III. School Discipline Reform: Conflicting Responses to Misconduct. 568 IV. The Three Great Questions on Liability. 573 Litigation challenging school discipline policies is on the upswing. Ordinarily, courts act to constrain judicial review of... |
2021 |
| Thalia González , Rebecca Epstein , Claire Krelitz , Rhea Shinde |
RESTORATIVE JUSTICE, SCHOOL REOPENINGS, AND EDUCATIONAL EQUITY: A CONTEMPORARY MAPPING AND ANALYSIS OF STATE LAW |
55 U.C. Davis Law Review Online 43 (September, 2021) |
The opportunity to use restorative justice practices to address structural inequalities and reimagine school structures has become increasingly important in the wake of twin social and public health pandemics. As research-based restorative practices continue to grow across the country with the aim of fostering supportive, safe, and anti-racist... |
2021 |
| Vivian Cho |
RESTRAINT AND SECLUSION IN SCHOOLS AND THE IDEA STRUGGLE |
20 Connecticut Public Interest Law Journal 289 (Spring, 2021) |
Restraint and seclusion are behavioral control measures that are used in both public and private schools across the United States. Restraint and seclusion are often used on children with disabilities, and these techniques are dangerous and traumatizing. Mechanical restraints, even when applied correctly, have been associated with grave outcomes,... |
2021 |
| Sara S. Hildebrand |
REVIVING THE PRESUMPTION OF YOUTH INNOCENCE THROUGH A PRESUMPTION OF RELEASE: A LEGISLATIVE FRAMEWORK FOR ABOLITION OF JUVENILE PRETRIAL DETENTION |
125 Penn State Law Review 695 (Spring, 2021) |
Juvenile courts were established at the beginning of the twentieth century by a group of reformers who called themselves Child Savers. Those founders believed that fundamental differences between adults and children--such as children's developmental immaturity and malleability--required the establishment of a court for youth, separate from adult... |
2021 |
| Osamudia James |
RISKY EDUCATION |
89 George Washington Law Review 667 (May, 2021) |
Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state's abdication of responsibility for public education, particularly against a backdrop of rising economic and social insecurity... |
2021 |
| Maryam Ahranjani |
SCHOOL "SAFETY" MEASURES JUMP CONSTITUTIONAL GUARDRAILS |
44 Seattle University Law Review 273 (Winter, 2021) |
In the wake of George Floyd's murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread security measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of... |
2021 |
| Thalia González , Emma Kaeser |
SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE |
74 SMU Law Review Forum 118 (August, 2021) |
Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... |
2021 |
| Madeline Dawn Nelson |
SCHOOL'S OUT FOR BLACK BOYS IN WISCONSIN: AN ANALYSIS OF WISCONSIN'S RACIST IMPLEMENTATION OF EXPULSION AND SUSPENSION LAW AND ITS INTERSECTION WITH WISCONSIN STUDENTS' OPPORTUNITIES FOR SUCCESS |
36 Wisconsin Journal of Law, Gender & Society 111 (Spring, 2021) |
Each day [a student] is not receiving an education is gone forever. No amount of money can replace the lost opportunity. If [the student] has been wrongfully expelled . the harm is enormous. Introduction. 112 I.Background of Student Discipline Law in Wisconsin's K-12 Public Schools. 114 A. Suspension Law in Wisconsin. 115 B. Expulsion Law in... |
2021 |
| Haley Walker |
SCHOOL-TO-PRISON-PIPELINE: WHY EARLY INTERVENTION PROGRAMS AREN'T PROPERLY SERVING OUR MENTALLY ILL YOUTH AND THE CURRENT JUVENILE JUSTICE SYSTEM IS TOO PUNITIVE |
22 Marquette Benefits & Social Welfare Law Review 147 (Spring, 2021) |
This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators reforming the juvenile justice system from rehabilitative to... |
2021 |
| Judge Jay Blitzman (Ret.) |
SHUTTING DOWN THE SCHOOL-TO-PRISON PIPELINE |
47 Human Rights 20 (2021) |
The school-to-prison pipeline (STPP) has been described as a series of practices and policies that funnel children and adolescents from public schools into our juvenile and criminal systems. Despite jurisprudence from the Supreme Court stating that children are not to be treated as little adults, the STPP reflects a disturbing and retributive... |
2021 |
| Maja Tosic |
SHUTTING DOWN THE SCHOOL-TO-PRISON PIPELINE |
94 Southern California Law Review Postscript 80 (April, 2021) |
When a student misbehaves, race plays a role in how harshly the student is disciplined. Given the long history of racial discrimination in the United States, as well as prevalent implicit biases, Black and Latino students are disciplined at higher rates with stiffer punishments than their white peers. This higher level of discipline leads to a... |
2021 |
| Todd A. DeMitchell, Ed.D, Christine Rienstra Kiracofe, Ed.D., Richard Fossey, J.D., Ed.D., Nathan E. Fellman, M.Ed., Ed.S. (ABD, Ph.D.) |
SKIRTS, YES, PANTS, NO: GENDER SPECIFIC DRESS CODES, AND "ANCIENT AND ABSURD CUSTOMS"? PELTIER v. CHARTER DAY SCHOOL, INC. |
393 West's Education Law Reporter 471 (November 11, 2021) |
No, this is not 1821 or 1921. It's 2021. Women serve in combat units of our armed forces. Women walk in space and contribute their talents at the International Space Station. Women serve on our country's Supreme Court, in Congress, and, today, a woman is Vice President of the United States. Clothing once considered taboo is now permitted as more... |
2021 |
| Margaret Miles, LCSW |
SOLUTION OR SETBACK: LEGAL AND PRACTICAL IMPLICATIONS OF SCHOOL THREAT ASSESSMENTS FOR OHIO STUDENTS WITH DABILITIES |
46 University of Dayton Law Review 167 (Spring, 2021) |
I. INTRODUCTION. 167 II. BACKGROUND. 170 A. Threat Assessments in Schools. 171 B. Threat Assessment Legislation Across the United States. 172 C. School Violence, Mental Health, and Disability. 175 1. School Violence. 175 2. School Violence & Disability. 178 III. ANALYSIS. 180 A. School Board Liability. 180 B. Disability Law. 184 1. Threat... |
2021 |
| Dr. Charles J. Reid, Jr. |
STATE OF MIND, STATE OF LAW: INTRODUCTION TO THE NEUROSCIENCE AND THE LAW SYMPOSIUM |
15 University of St. Thomas Journal of Law & Public Policy 1 (October, 2021) |
C1-2Table of Contents I. The Problem Stated. 2 A. The Plight of the QAnon Shaman. 2 B. Ancient Foreshadowing. 6 1. Epicurean Free Will. 6 2. The Apostle Paul and Predestination. 13 C. Twentieth-Century Science. 23 1. Sigmund Freud. 23 2. B.F. Skinner. 38 D. The State of the Question Today. 62 II. The Contributors. 70 A. Robert M. Sapolsky. 70 B.... |
2021 |
| LaToya Baldwin Clark |
STEALING EDUCATION |
68 UCLA Law Review 566 (October, 2021) |
While most state constitutions include provisions that indicate a commitment to equal access to education within one state, that commitment remains unfulfilled. This Article shines a light on a practice that has been overlooked by those concerned about school district inequality, but that contributes to this incongruity: a phenomenon I call... |
2021 |
| Emily Justin |
STOPPING THE FLOW: ELIMINATING THE SCHOOL-TO-PRISON PIPELINE IN WASHINGTON STATE |
19 Seattle Journal for Social Justice 613 (Winter, 2021) |
Justice Warren in Brown v. Board of Education stated, [i]t is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. When school personnel suspend or expel students, they explicitly deny students the opportunity of an education and, as a result, deny an adequate opportunity of... |
2021 |
| Lynn M. Daggett, J.D., Ph.D. |
STUDENT PRIVACY IN THE NEW TITLE IX SEXUAL MISCONDUCT FORMAL COMPLAINT PROCESS |
50 Journal of Law and Education 64 (Spring, 2021) |
New Title IX administrative regulations (hereinafter the new rules) establish a detailed process schools must follow for formal complaints of sexual misconduct. While the new rules are controversial, their impact on the privacy of student parties has flown largely under the radar. The new rules do create a few specific and narrow privacy... |
2021 |
| Emily Suski |
SUBVERTING TITLE IX |
105 Minnesota Law Review 2259 (May, 2021) |
By the time elementary school teacher Gary Stroup put his hand down [fourth grade student John Doe's] pants and fondled hi[m], school administrators had been receiving reports for six years of Stroup's inappropriate behavior with children. That behavior included kicking students' buttocks, pinching their chests and posteriors, touching a... |
2021 |
| Elsie Hayford , Marice Ashe |
SYSTEMS THINKING AND GLOBAL HEALTH GOVERNANCE |
49 Georgia Journal of International and Comparative Law 563 (Summer, 2021) |
C1-2Table of Contents I. Introduction. 565 II. Global Health Treaties and Governance. 565 III. WHO Systems Building Blocks. 566 IV. Healthcare Worker Rights. 567 V. Disparities in National COVID-19 Responses. 569 A. France and New Zealand. 569 B. Democratic Republic of Congo and Rwanda. 570 VI. Law as a Tool for Improved Pandemic Response. 570 VII.... |
2021 |
| Adriaan Lanni |
TAKING RESTORATIVE JUSTICE SERIOUSLY |
69 Buffalo Law Review 635 (May, 2021) |
Those seeking to reduce mass incarceration have increasingly pointed to restorative justice--an approach that typically brings those affected by a criminal offense together in an attempt to address the harm caused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice... |
2021 |
| |
The Constitutional Role of the Insanity Defense: Does Law's History Matter? |
57 Criminal Law Bulletin 2 (San Diego L. Rev.) |
A.B. University of Michigan; J.D. Harvard Law School; Associate Professor, University of Auckland School of Law. An earlier version of this Article was presented at the Australian and New Zealand Legal History Society Annual Conference 2019 at Victoria University in Melbourne, Australia. The author acknowledges the traditional custodians of the... |
2021 |
| Janel A. George |
THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION |
22 Rutgers Race & the Law Review 189 (2021) |
Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... |
2021 |
| Barbara A. Fedders |
THE END OF SCHOOL POLICING |
109 California Law Review 1443 (August, 2021) |
Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role... |
2021 |
| Stephen D. Sugarman |
THE FAILED QUEST FOR EQUAL EDUCATIONAL OPPORTUNITY: REGULATING EDUCATION THE WAY WE REGULATE BUSINESS |
50 Journal of Law and Education 113 (Spring, 2021) |
The past half century has seen wave after wave of efforts across the U.S. through which regulatory reformers have sought to achieve equal educational opportunity in our elementary and secondary school system. In this Article, I show how these efforts map onto changing approaches to economic regulation in general. More precisely, those seeking to... |
2021 |
| Gregory S. Parks |
THE FAILURE OF ZERO-TOLERANCE POLICIES IN ADDRESSING HAZING |
126 Penn State Law Review Penn Statim 1 (2021) |
Hazing is a moral, legal, and existential issue that has spanned generations, cutting across institutions and organizations. A common approach to addressing it is zero-tolerance policies--whether in word or in practice. Zero-tolerance policies are designed to stamp out hazing by severely sanctioning perpetrators. The problem is that zero-tolerance... |
2021 |
| Martha McCarthy, Ph.D. |
THE FATE OF STUDENT OFF-CAMPUS EXPRESSION: MAHANOY AREA SCHOOL DISTRICT v. B.L. |
387 West's Education Law Reporter 439 (May 13, 2021) |
On January 8, 2021, the Supreme Court agreed to review the Third Circuit's decision in Mahanoy Area School District v. B.L. This will be the high court's first ruling pertaining to student off-campus speech, as it previously has declined to review cases involving student electronic expression originating off school grounds. The Third Circuit in... |
2021 |
| Nicole Smith Futrell |
THE PRACTICE AND PEDAGOGY OF CARCERAL ABOLITION IN A CRIMINAL DEFENSE CLINIC |
45 New York University Review of Law and Social Change 159 (2021) |
Current social and racial justice movements have helped to advance deeper interest in the long-standing work of carceral abolitionists. Abolitionists understand that the criminal legal process ineffectively uses state-sanctioned violence, surveillance, punishment, and exclusion to address, and counterproductively perpetuate, the underlying problems... |
2021 |
| Andrew D. Leipold |
THE PUZZLE OF CLEARANCE RATES, AND WHAT THEY CAN TELL US ABOUT CRIME, POLICE REFORM, AND CRIMINAL JUSTICE |
56 Wake Forest Law Review 47 (2021) |
Recent incidents of police violence have led to widespread reform efforts, from modest proposals to change police practices to dramatic attempts to slash funding or abolish the police entirely. But largely ignored in the debate is a simple question: How well is law enforcement currently performing its core functions? In particular, how good are the... |
2021 |
| 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 |