AuthorTitleCitationSummaryYear
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
Anthony C. Thompson Stepping up to the Challenge of Leadership on Race 48 Hofstra Law Review 735 (Spring, 2020) First and foremost, I want to thank you for inviting me to deliver this keynote address. I applaud your choice to participate in a conference on difference and leadership because these are critical issues that deserve our best thinking and our collective attention. I have watched with great interest as organizations from global businesses, to law...; Search Snippet: ...soul of this country. Our leadership task is to create zero tolerance for racism. It is time for us to stop accepting the day... 2020
Dayna Bowen Matthew Structural Inequality: the Real Covid-19 Threat to America's Health and How Strengthening the Affordable Care Act Can Help 108 Georgetown Law Journal 1679 (May, 2020) C1-3Table of Contents L1-2Introduction . L31679 I. A Brief Overview of Equal Protection Jurisprudence. 1689 a. equal protection in theory. 1690 b. unequal protection in practice. 1693 II. How Legal Inequality Affects Health Inequity. 1697 a. unequal protection from housing discrimination. 1698 b. unequal protection from pollution. 1702 c. unequal...; Search Snippet: ...Fam. Psychol. Rev. 174, 180 (2009); David Simson, Exclusion, Punishment, Racism and Our Schools: A Critical Race Theory Perspective on School Discipline , 61 UCLA L. Rev. 506, 509 (2014) See Griffin... 2020
Danielle Weatherby Student Discipline and the Active Avoidance Doctrine 54 U.C. Davis Law Review 491 (November, 2020) C1-2Table of Contents Introduction. 493 I. A Brief History of Student Discipline. 497 A. Corporal Punishment. 498 B. Exclusionary Discipline. 500 1. Out-of-School Suspensions and Expulsions. 500 2. In-School Suspensions. 502 3. Zero Tolerance Policies. 503 C. School Resource Officers, Armed Teachers, and the Police State in K-12 Schools. 506 II....; Search Snippet: ...164 See Derek W. Black, The Constitutional Limit of Zero Tolerance in Schools , 99 Minn. L. Rev. 823, 834-35 (2015) [hereinafter The Constitutional Limit ]; Kevin P. Brady, Zero Tolerance or (In)Tolerance Policies? Weaponless School Violence, Due Process, and the... 2020
Mark S. Brodin The Boston Lawyers' Committee for Civil Rights under Law: the First Fifty Years 101 Massachusetts Law Review 43 (June, 2020) Oliver Wendell Holmes Jr. thought that a person should share the passion and action of his time at peril of being judged not to have lived. As a thrice-wounded veteran of the Civil War, influential legal philosopher, chief justice of the Supreme Judicial Court, and later an associate justice of the Supreme Court of the United States, Holmes...; Search Snippet: ...the adoption of meaningful policies to protect minorities, including a zero- tolerance policy for racial harassment. Similarly, in 1978, the LCCR challenged the persistent failure... 2020
Ammar Phillips, 3L CHARLESTON SCHOOL OF LAW The Fight Towards Equality in a Public School: Whether "Separate but Unequal" Remains a Reality in Today's Public- School System 14 Southern Journal of Policy and Justice 3 (Fall, 2020) Over the past sixty-five years, America attempted to evolve from a segregated public-school system into an integrated one. The purpose of this paper is to discuss the still lasting effects of de jure and de facto segregation on the public-school system. The United States Supreme Court's school segregation decision in Brown v. Board of Education...; Search Snippet: ...instead of enforcing punishments that lead to arrests. [FN158] Strict zero- tolerance policies problems stem from sociological factors of inadequate resources and race with authority to preserve the school to prison pipeline. [FN159] Strict zero-tolerance policies impose an automatic severe... 2020
Jacqueline Safstrom, Jennifer Safstrom The Health and Legal Implications of Early Screening for Developmental Disabilities 29 Annals of Health Law and Life Sciences 153 (Summer, 2020) Child development is a multifaceted process and there are certain milestones to reach that are imperative for healthy, timely growth and development. Developmental monitoring, screening, and testing can aid in the identification, examination, and follow-up of a child's progress. However, there are a plethora of barriers which inhibit a child's...; Search Snippet: ...at 43 Id. Id. . Tara Carone, The School to Prison Pipeline: Widespread Disparities in School Discipline Based on Race , 24 Pub. Int. L. Rep. 137, 143 (2019) Id... 2020
Nicole Tuchinda The Imperative for Trauma-responsive Special Education 95 New York University Law Review 766 (June, 2020) Recent, robust research makes clear that childhood trauma, such as abuse or neglect in the home or the chronic lack of basic necessities, is common and can cause and exacerbate disabilities in learning and behavior. These disabilities prevent many children from making educational progress, but evidence-based strategies now exist to give these...; Search Snippet: ...trauma-informed in order to increase their efficacy, end the school- to- prison pipeline, and/or reduce racial and economic disparities in school discipline and school arrest practices. [FN34] Other articles have also described... 2020
Andy Froelich The Increasingly Covert and Invasive Surveillance of Students and its Visible Role in the School-to-prison Pipeline 40 Children's Legal Rights Journal 118 (2020) Schools are places where we inculcate the values essential to the meaningful exercise of rights and responsibilities by a self-governing citizenry. If the Nation's students can be convicted through the use of arbitrary methods destructive of personal liberty, they cannot help but feel that they have been dealt with unfairly. American schools are...; Search Snippet: ...disciplinary decisions and, at least in part, explains the large racial disparities in the school- to- prison pipeline. [FN144] The new technological surveillance methods discussed above are... 2020
Michael Conklin The Overlooked Benefits of "Hate Speech": Not Just the Lesser of Two Evils 60 South Texas Law Review 687 (Spring, 2020) I. Introduction. 687 II. Harms of Censoring hate speech. 688 III. Benefits of allowing hate speech. 690 A. Benefits in Practice. 695 IV. Strategic Advantages of Promoting Benefits. 696 V. Conclusion. 698; Search Snippet: ...903d-4fdd71bf61d2.html [https://perma.cc/WL3H-ZZ9T]. OU President Declares Zero Tolerance for Racism , CNN (Mar. 9, 2015), https://www.cnn.com/videos/us/2015/03/09/tsr-university-oklahoma-president-fraternity- racist-chant.cnn/video/playlists/saes- racist-chant/ [https://perma.cc/9K7Y-RS5X]. . Michele Richinick, University President... 2020
Akilah Folami , Susan Sturm The Paradox of Legal Training and Leadership: a Conversation Between Akilah Folami and Susan Sturm 48 Hofstra Law Review 603 (Spring, 2020) Welcome and thank you for coming. I am eager to engage in this opening exchange with Susan Sturm today in hopes that it will help bring to surface some of the issues that undergird the conversations planned for today in the panels. So let us begin. Susan has been teasing out a series of paradoxes that she argues develops in the tensions built into...; Search Snippet: ...accountable in the way that Professor Thompson was talking about, zero tolerance for racism, then people who have been excluded will not believe in... 2020
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