| Author | Title | Citation | Summary | Year |
| 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 |
| James E. Pfander , Wade Formo |
The past and Future of Equitable Remedies: an Essay for Frank Johnson |
71 Alabama Law Review 723 (2020) |
Introduction. 724 I. Grupo Mexicano and the Propriety of Mareva Injunctions. 730 A. Foreign Attachment in the United States. 732 B. Equity's Attitude Toward Pre-Judgment Creditors' Remedies. 735 C. Foreign Attachment After the Due Process Revolution. 739 D. Grupo Mexicano and Federal Equity in a Post-Erie World. 742 II. Ziglar/Hernandez and the...; Search Snippet: ...wide relief to address a range of problems, including segregated schools, inadequate prisons, persistent racial discrimination in public employment, and schemes to disenfranchise minority voters... |
2020 |
| Claire P. Donohue |
The Unexamined Life: a Framework to Address Judicial Bias in Custody Determinations and Beyond |
21 Georgetown Journal of Gender and the Law 557 (Spring, 2020) |
Scholars and litigators alike have long wondered about what is on the minds of judges. Kahan et al. have studied how judges' political commitments influence their perception of legally consequential facts. Sheri Johnson et al. confirmed the presence of implicit bias among a sample of judges and analyzed the relationship between that bias and the...; Search Snippet: ...presumption of parental fitness and valuable family ties by the racist history of our child welfare system and systemic forces such... |
2020 |
| Amy B. Cyphert |
Tinker-ing with Machine Learning: the Legality and Consequences of Online Surveillance of Students |
20 Nevada Law Journal 457 (Spring, 2020) |
All across the nation, high schools and middle schools are quietly entering into contracts with software companies to monitor the online activity of their students, attempting to predict the next school shooter or to intervene with a student who might be contemplating suicide. Systems using algorithms powered by machine learning trawl the Facebook...; Search Snippet: ...the student or not. In light of the well-documented racial disparities present in school discipline decisions, there is good reason to worry about bias. 7... |
2020 |
| Nancy Chi Cantalupo |
Title Ix & the Civil Rights Approach to Sexual Harassment in Education |
25 Roger Williams University Law Review 225 (Spring, 2020) |
Thanks very much, Caitlyn, and my thanks to the entire Roger Williams Law Review for inviting me to speak today. Some of you may wonder why I start a keynote address for a symposium about Title IX and investigating claims of sexual misconduct with photos of people, mainly women, but plenty of men, too, engaged in political protest. I do so...; Search Snippet: ...See Laura Meckler, Trump Administration Revokes Effort to Reduce Racial Bias in School Discipline Wash. Post (Dec. 21, 2018), https://www.washingtonpost.com/local/education/trump-administration-revokes-effort-to-reduce- racial-bias-in- school- discipline/2018/12/21/3f67312a-055e-11e9-9122-82e98f91ee6f_story.html?noredirect... |
2020 |
| Steven L. Nelson |
Towards a Transnational Critical Race Theory in Education: Proposing Critical Race Third World Approaches to Education Policy |
26 William and Mary Journal of Race, Gender, and Social Justice 303 (Winter, 2020) |
Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third...; Search Snippet: ...treatment. As mentioned earlier, the existence and perpetuation of the school- to- prison pipeline has roots in the United States' deeply problematic racial past. [FN216] It is possible to use a variety of critical race frameworks to analyze the school- to- prison pipeline. Cheryl I. Harris' critique of whiteness as a protected... |
2020 |
| Noa Ben-Asher |
Trauma-centered Social Justice |
95 Tulane Law Review 95 (November, 2020) |
This Article identifies a new and growing phenomenon in the American legal system. Many leading agendas for gender, racial, and climate justice are centered on emotional trauma as the primary injury of contemporary social injustices. By focusing on three social justice movements--#BlackLivesMatter, #MeToo, and Climate Justice--the Article offers...; Search Snippet: ...wage jobs. [FN214] Another example of a non-trauma-related racial justice policy is the education justice movement, which has challenged educational policies such as privatization of schools and zero tolerance policies that have disproportionate negative effects on Black students. [FN215... |
2020 |
| Krystal D. Williams |
Why White Privilege Is a Necessary Part of Any Conversation on Racism |
35 Maine Bar Journal 110 (2020) |
Editor's Note: The following letter was submitted to the Maine State Bar Association following remarks delivered during a regularly scheduled edition of Bar Talk, the MSBA's Zoom forum for discussing law practice and MSBA activities during the coronavirus pandemic. In the Maine State Bar Association's June 15, 2020 Bar Talk Program, Attorney Leah...; Search Snippet: ...just a cop's knee on a Black man's neck. Systemic racism is also predatory lending in communities of color, high infant mortality rates among Black women, the school to prison pipeline, and the use of 911/the police as a... |
2020 |
| Andrea Freeman |
You Better Work: Unconstitutional Work Requirements and Food Oppression |
53 U.C. Davis Law Review 1531 (February, 2020) |
Work requirements attached to the receipt of welfare (TANF) and food stamps (SNAP) disproportionately harm people of color. They arose out of unfounded fears of fraud based on racial stereotypes like the Welfare Queen. While food assistance helps raise households out of poverty, work requirements do not. Instead, they lead to greater food...; Search Snippet: ...on-Racial-Disparities.pdf. See Katherine Rosich, Am. Soc. Ass'n, Race, Ethnicity, and the Criminal Justice System 8 (2007); Marilyn Elias, The School- to- Prison Pipeline Teaching Tolerance , Spring 2013, https://www.tolerance.org/magazine/spring-2013/the- school-to- prison-pipeline. See Harris, SNAP Work Requirements supra note 239... |
2020 |
| Stephen S. Worthington |
Beacon or Bludgeon? Use of Regulatory Guidance by the Office for Civil Rights |
2017 Brigham Young University Education and Law Journal 161 (2017) |
When Congress established the U.S. Department of Education in 1979, it directed the Department's Office for Civil Rights (OCR) to enforce civil rights law in the nation's schools and colleges. OCR ensures that educational institutions that receive federal funds comply with half-a-dozen federal civil rights statutes and their implementing... |
2019 |
| Kelly Alison Behre |
Deconstructing the Disciplined Student Narrative and its Impact on Campus Sexual Assault Policy |
61 Arizona Law Review 885 (Winter, 2019) |
The national discourse about campus sexual assault is currently dominated by two powerful narratives: the student survivor narrative and the disciplined student narrative. These narratives continue to shape and inform the public's understanding of campus sexual assault and the role of colleges and universities in preventing and responding to sexual... |
2019 |