| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |