| Author | Title | Citation | Summary | Year |
| 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 |
| Paul Stancil |
Discovery and the Social Benefits of Private Litigation |
71 Vanderbilt Law Review 2171 (November, 2018) |
Introduction. 2172 I. Identifying the Social Goals of Litigation and Measuring The Results. 2181 A. Legislators Use EPRAs to Help Accomplish Social Goals. 2181 B. Measurement Is Hard. 2183 1. The Resource-Constraint Problem. 2184 2. The Competing-Values Problem. 2186 C. Measurement in the Messy Middle--What Level of Enforcement Does the Legislature... |
2019 |
| Nancy Chi Cantalupo |
Dog Whistles and Beachheads: the Trump Administration, Sexual Violence, and Student Discipline in Education |
54 Wake Forest Law Review 303 (Spring, 2019) |
Beachhead: A defended position on a beach taken from the enemy by landing forces, from which an attack can be launched. --Oxford English Dictionary Beachhead: A strategy to infiltrate academia, push back Obama-era policies, undermine collective civil rights, and impose large-scale federal deregulation. --Dr. Anne McClintock, Who's Afraid of... |
2019 |
| Pamela J. Meanes |
Equity in American Education: the Intersection of Race, Class, and Education |
50 University of Richmond Law Review 1075 (March, 2016) |
A fourteen-year-old Henrico County girl faces assault and battery charges because she threw a baby carrot at one of her former teachers. School disciplinary documents allege the baby carrot was used as a weapon. A Huron High School student threatens to do chopper rounds in his hallway. An Ames, Iowa middle school student brings a BB gun to... |
2019 |
| Joanna R. Steele |
In the Little World: Breaking Virginia's Foster-care-to-prison Pipeline Using Restorative Justice |
54 University of Richmond Law Review 313 (Annual Survey 2019) |
Introduction. 314 I. Virginia and the Foster-Care-to-Prison Pipeline. 314 A. Virginia's Foster Care System. 315 B. Virginia's Foster Care Population. 318 C. Termination of Parental Rights and Available Placements. 320 D. Counseling Services for Virginia's Foster Youth. 323 E. Virginia's Prison Pipelines. 324 II. Northern Ireland and its Out-of-Home... |
2019 |
| Josh Gupta-Kagan |
Reevaluating School Searches Following School-to-prison Pipeline Reforms |
87 Fordham Law Review 2013 (April, 2019) |
The U.S. Supreme Court held in New Jersey v. T.L.O. that school officials could search students without a warrant and with only reasonable suspicion, not probable cause, because of schools' need for discipline and the relationship between educators and students. That case belongs to a body of Fourth Amendment cases involving, in T.L.O.'s terms,... |
2019 |
| Areto A. Imoukhuede |
The Right to Public Education and the School to Prison Pipeline |
12 Albany Government Law Review 52 (2018-2019) |
The school-to-prison pipeline is a controversial concept and a disappointing reality. It refers to the draconian disciplinary trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system-- such as suspending or expelling them. Public schools... |
2019 |
| Laila Hlass |
The School to Deportation Pipeline |
34 Georgia State University Law Review 697 (Spring, 2018) |
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... |
2019 |
| Tara Carone |
The School to Prison Pipeline: Widespread Disparities in School Discipline Based on Race |
24 Public Interest Law Reporter 137 (Spring, 2019) |
The Great Equalizer. The Passport to the Future. The key to unlocking the door to the American dream. All of these catchphrases are suggestive of a longstanding American belief: that education allows people of all backgrounds to dramatically improve their situation in life. However, today and throughout history, an extraordinary amount of... |
2019 |
| |
Arrested for a Belch in Gym Class: A.m. V. Holmes , Excessive Force on Schoolchildren, and Qualified Immunity |
54 Criminal Law Bulletin ART 4 (No Date) |
Ramón A. Soto will graduate from the University of New Mexico School of Law in May 2018. He is the Professional Articles Editor for the New Mexico Law Review. Civil rights became Ramón's passion after clerking at Freedman Boyd Hollander Goldberg Urias & Ward. Named Partner, David H. Urias, hired Ramón as a summer law clerk. The firm acted as local... |
2018 |
| Elizabeth L. Earle |
Banishing the Thirteenth Juror: an Approach to the Identification of Prosecutorial Racism |
92 Columbia Law Review 1212 (June, 1992) |
With their client's execution imminent, defense lawyers for James Russell worked feverishly on briefs for submission to the Texas courts, to the lower federal courts, and ultimately to the United States Supreme Court. They alleged, inter alia, that the county prosecutor in Russell's capital murder trial had injected the issue of race into the... |
2018 |
| DeAnna Baumle |
Creating the Trauma-to-prison Pipeline: How the U.s. Justice System Criminalizes Structural and Interpersonal Trauma Experienced by Girls of Color |
56 Family Court Review 695 (October, 2018) |
The staggering number of girls in the juvenile justice system who have experienced abuse is described as the sexual-abuse-to-prison pipeline. However, this pipeline does not capture the entire picture, nor does it fully explain the unjustifiable disproportionality of girls of color and girls from low-income communities in the system. This article... |
2018 |
| Hon. Jay Blitzman |
Deconstructing the School-to-prison Pipeline |
62 Boston Bar Journal B.J. 9 (Special Edition 2018) |
The Supreme Court has abolished the juvenile death penalty, mandatory juvenile life without parole, and in acknowledging the reality of adolescent brain development, has outlined a regime of proportional accountability. Children are constitutionally different than adults. Research has demonstrated that reducing detention also reduces recidivism by... |
2018 |
| Claire Raj |
Disability, Discipline, and Illusory Student Rights |
65 UCLA Law Review 860 (May, 2018) |
Congress enacted the Individuals with Disabilities Education Act (IDEA) to prevent the widespread exclusion of children with disabilities from public schools. While today's schools no longer formally exclude students with disabilities, they routinely achieve this same end through school discipline policies. In fact, students with disabilities are... |
2018 |
| Fatema Ghasletwala |
Examining the School-to-prison Pipeline: Sending Students to Prison Instead of School |
32 Journal of Civil Rights & Economic Development 19 (Summer, 2018) |
Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-... |
2018 |
| Emily Bauer |
Infant Inmates: an Analysis of International Policy on Children Accompanying Parents to Prison |
27 Michigan State International Law Review 93 (2018) |
Mass incarceration has created a class of innocent victims, namely, children of incarcerated parents. These children are only guilty of having an incarcerated parent yet are punished through parental separation and the accompanying detrimental effects on childhood development. International steps have been taken to solve this dire problem through... |
2018 |
| Eric Berger |
Lethal Injection and the Problem of Constitutional Remedies |
27 Yale Law and Policy Review 259 (Spring 2009) |
Introduction. 260 I. An Overview of Lethal Injection. 263 A. The Three-Drug Protocol. 263 B. The Supreme Court's Fractured Decision in Baze v. Rees. 273 II. Remedial Anxieties and Lethal Injection. 280 A. How Remedy Constrains the Right. 280 1. Remedial Concerns in Baze. 283 2. Remedial Concerns in Other Lethal Injection Cases. 286 3. Concerns... |
2018 |
| Danielle Dankner |
No Child Left Behind Bars: Suspending Willful Defiance to Disassemble the School-to-prison Pipeline |
51 Loyola of Los Angeles Law Review 577 (2018) |
With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures,... |
2018 |
| Johanna F. Roberts |
No Excuses for Charter Schools: How Disproportionate Discipline of Students with Disabilities Violates Federal Law |
70 Oklahoma Law Review 729 (Spring, 2018) |
Senator Tim Kaine: Should all K-12 schools that receive taxpayer funding be required to meet the requirements of the Individuals with Disabilities Education Act? [Betsy] DeVos: I think that is a matter that's best left to the states. Kaine: So some states might be good to kids with disabilities, and other states might not be so good. And... |
2018 |
| Margot E. Kaminski |
Privacy and the Right to Record |
97 Boston University Law Review 167 (January, 2017) |
Introduction. 168 I. The Expanding First Amendment. 172 II. Recording as Speech. 177 A. Recording as Nonspeech. 177 B. Protecting the Right to Record: First Amendment Theory. 179 C. A Note on Automation. 182 D. Free Speech Intuitions and the Right to Record. 184 E. First Amendment Doctrine and the Right to Record. 185 F. Recording as Speech?. 190... |
2018 |
| Lydia Nussbaum |
Realizing Restorative Justice: Legal Rules and Standards for School Discipline Reform |
69 Hastings Law Journal 583 (February, 2018) |
Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income,... |
2018 |
| Greg Carter |
Repairing the Neglected Prison-to-school Pipeline: Increasing Federal Oversight of Juvenile Justice Education and Re-entry in the Reauthorization of the Elementary and Secondary Education Act |
25 Georgetown Journal on Poverty Law and Policy 371 (Spring, 2018) |
I. Introduction. 372 II. Federal Role in Educational Programming in Juvenile Facilities. 375 A. Early History of the Elementary and Secondary Education Act (ESEA) and Juvenile Justice and Delinquency Prevention Act (JJDPA). 376 B. Title I, Part D and No Child Left Behind (NCLB). 378 C. Changes in Every Student Succeeds Act (ESSA). 379 III. Problem:... |
2018 |
| Marlies Spanjaard |
School Discipline in Massachusetts Today |
62 Boston Bar Journal B.J. 2 (Special Edition 2018) |
Even if you haven't heard the term school-to-prison pipeline, you probably know what it describes: The national trend by which students are funneled out of the public schools and into the juvenile and criminal justice systems. Instead of getting the education they need, generations of our state's most vulnerable children have been pushed out of... |
2018 |
| Liza Hirsch , Janine Solomon |
School Discipline Law, Ch. 222 of the Acts of 2012: Effective Application and Challenges with Ongoing Implementation |
62 Boston Bar Journal B.J. 6 (Special Edition 2018) |
In Massachusetts and nationwide, one of the most commonly used responses to students who exhibit misbehavior is to exclude them from school, effectively depriving them of education. While out-of-school suspension has been used in schools as a form of discipline since the 1960s, it was not until the 1990s, during the era of tough on crime and zero... |
2018 |
| Reginald Leamon Robinson |
Searching for the Parental Causes of the School-to-prison Pipeline Problem: a Critical, Conceptual Essay |
32 Journal of Civil Rights & Economic Development 31 (Summer, 2018) |
I believe that we're all born good, uncorrupted and life itself does the corrupting. But, you know, someone like [these children] . [they] just [aren't] capable of something like this. In the extreme, moral poverty is the poverty of growing up surrounded by deviant, delinquent, and criminal adults in abusive, violence-ridden, fatherless, Godless,... |
2018 |
| Jack B. Weinstein |
Some Reflections on United States Group Actions |
45 American Journal of Comparative Law 833 (Fall 1997) |
Professor Per Henrik Lindblom's discussion of proposals regarding group actions in Sweden seems sound to a person steeped in the United States experience. I assume general agreement with the proposition that civil procedure should be designed to vindicate the substantive rights of each person in the jurisdiction by, to quote Rule 1 of the Federal... |
2018 |
| Blakely Evanthia Simoneau |
Special Education in American Prisons: Risks, Recidivism, and the Revolving Door |
15 Stanford Journal of Civil Rights & Civil Liberties 87 (June, 2019) |
The deprivation of public education is not like the deprivation of some other governmental benefit. Public education has a pivotal role in maintaining the fabric of our society and in sustaining our political and cultural heritage: the deprivation of education takes an inestimable toll on the social, economic, intellectual, and psychological... |
2018 |
| Shameka Stanford , Bahiyyah Muhammad |
The Confluence of Language and Learning Disorders and the School-to-prison Pipeline among Minority Students of Color: a Critical Race Theory |
26 American University Journal of Gender, Social Policy and the Law 691 (2018) |
Introduction. 691 I. Decreased Access to Services for Minority Students with Language and Learning Disorders. 695 II. Zero Tolerance Policy in Schools. 699 III. Symbolic Racism: Harsh Disciplinary Laws in Low-Ses Title I Schools. 703 IV. The School-To-Prison Pipeline: Punishment Policy in Schools. 711 V. The Correlation Between Special Education... |
2018 |
| Gail Heriot, Alison Somin |
The Department of Education's Obama-era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law |
22 Texas Review of Law and Politics 471 (Spring, 2018) |
Introduction. 473 I. The Department of Education's Disparate Impact Policy Is Encouraging Discrimination Rather Than Preventing It.. 481 II. The Department of Education's Policy Is Leading to Increased Disorder in Schools.. 495 III. Racial Disparities in School Discipline Have Not Been Shown to Be the Root Cause of Racial Disparities in Adult Life,... |
2018 |
| Bianca A. White |
The Invisible Victims of the School-to-prison Pipeline: Understanding Black Girls, School Push-out, and the Impact of the Every Student Succeeds Act |
24 William and Mary Journal of Women and the Law 641 (Spring, 2018) |
Introduction I. Brief History II. Understanding Black Girlhood and the School-to-Prison Pipeline III. The Necessity of Programs for Black Girls IV. Every Student Succeeds Act V. Ending School Push-out Conclusion A stigma follows Black girls: they are said to be unruly, defiant, unsophisticated, and to have bad attitudes. This stigma is reinforced... |
2018 |
| Brian G. Sellers , Bruce A. Arrigo |
Virtue Jurisprudence and the Case of Zero-tolerance Discipline in U.s. Public Education Policy: an Ethical and Humanistic Critique of Captivity's Laws |
21 New Criminal Law Review 514 (Fall, 2018) |
This article empirically investigates how the humanistic critique at the core of virtue jurisprudence can illuminate the laws of captivity at the level of judicial decision making. One point of reference is the set of cases that makes up the constitutional challenges to and the resolutions of zero-tolerance public school discipline. These court... |
2018 |