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
Drew Findling , Findling Law Firm, Atlanta, Georgia, 404-460-4500, Website, Email, Twitter @drewfindling, Instagram @drewfindling Will 'Zero Tolerance' at the Border Finally Bring a Spotlight on the Injustice That Is 'Zero Tolerance'? 42-AUG Champion Champion 5 (August, 2018) On April 11, 2018, Attorney General Jeff Sessions spoke in Las Cruces, New Mexico, to a group of sheriffs from southern border towns. In his speech, Attorney General Sessions began with the usual litany of fear-mongering that runs hand-in-hand when discussing immigration--referencing guns, drugs, and gangs in the same breadth as those who commit... 2018
Ilana Friedman Youth at the Center: a Timeline Approach to the Challenges Facing Black Children 63 Saint Louis University Law Journal 583 (Summer, 2019) At the center of Forward Through Ferguson's Action Plan are children, a demographic critical to any long-range plan of reform in St. Louis. Yet the challenges facing African American children are often looked at in isolation to one another, whether it be education, health care, or juvenile justice. To fully capture the labyrinth of hurdles facing... 2018
Tyler B. Bugden Addressing Utah's School to Prison Pipeline 2017 Utah Law Review 1061 (2017) On May 19, 2011, thirteen-year-old middle school student F.M. was removed from his physical education class for generating fake burps that made the other students laugh and hampered class proceedings. Ms. Mines-Hornbeck, the middle school physical education teacher, requested assistance from the School Resource Officer (SRO), Officer Arthur... 2017
Nancy G. Abudu , Ron E. Miles Challenging the Status Quo: an Integrated Approach to Dismantling the School-to-prison Pipeline 30 Saint Thomas Law Review 56 (Fall, 2017) When it comes to challenging school disciplinary policies that have an especially disparate and negative impact on students of color and students with disabilities, courts cannot be the sole or final arbiter for addressing this serious problem. Rather than acting as a discouraging force, courts routinely uphold these disruptive school disciplinary... 2017
Leland Ware Discriminatory Discipline: the Racial Crisis in America's Public Schools 85 UMKC Law Review 739 (Spring, 2017) A police officer assigned to a high school in Columbia, S.C., was asked to remove a disruptive female student from a classroom this afternoon. He responded by violently flipping the young student out of her chair and throwing her across the room. The incident sparked strong condemnation after a video from Spring Valley High School went viral. This... 2017
Leah Aileen Hill Disrupting the Trajectory: Representing Disabled African American Boys in a System Designed to Send Them to Prison 45 Fordham Urban Law Journal 201 (December, 2017) This Essay presents the narrative of three African American brothers as they journey through the special education system. Their narrative illustrates the human cost of the failure to implement reforms meant to combat the systemic inequality that supports the school-to-prison pipeline. The brothers' narrative is shaped by several factors all too... 2017
William Stacy Johnson God Vs. The Gavel: Religion and the Rule of Law. By Marci A. Hamilton. Cambridge University Press 2005. Pp. 408. $28.00. Isbn: 0-521-85304-4. 22 Journal of Law and Religion 287 (2006-2007) Marci A. Hamilton, Paul R. Verkuill Chair in Public Law at Cardozo School of Law, has written an engaging and copiously researched book on the place of religious communities in a democratic republic. The ample case studies alone make this an important contribution. Nevertheless, Hamilton's approach to religious liberty is misguided. Hamilton... 2017
Ben Trachtenberg How University Title Ix Enforcement and Other Discipline Processes (Probably) Discriminate Against Minority Students 18 Nevada Law Journal 107 (Fall, 2017) This Article argues that university discipline procedures likely discriminate against minority students and that increasingly muscular Title IX enforcement-- launched with the best of intentions in response to real problems--almost certainly exacerbates yet another systemic barrier to racial justice and equal access to educational opportunities.... 2017
Yasser Arafat Payne , Tara Marie Brown It's Set up for Failure . And They Know This!: How the School-to-prison Pipeline Impacts the Educational Experiences of Street Identified Black Youth and Young Adults 62 Villanova Law Review 307 (2017) I had dropped out in the 10th grade . 'cause, I was bad . all I wanted to do was crimes and fight and sell drugs. Like, school wasn't for me .. Before I got into that type of phase, a lot of my teachers were disrespectful, [and they] told me that I wouldn't be successful. I've even been hit by teachers. And, I've always been a very smart, educated... 2017
Johanna E. Miller Protecting Children's Rights in School Discipline 34 No. 2 GPSolo 28 (March/April, 2017) During the 2011-2012 school year, more than 3 million students were suspended front school across the United States, including more than 720,000 students with diagnosed disabilities. The majority of students are suspended from school for vague and subjective offenses such as insubordination, not for dangerous behavior. The overuse of suspensions is... 2017
Steven L. Nelson, J.D., Ph.D. Racial Subjugation by Another Name? Using the Links in the School-to-prison Pipeline to Reassess State Takeover District Performance 9 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2017) The state takeover of locally governed schools in predominately black communities has not disrupted the racial subjugation of black people in the United States. Using proportional analyses and the cities of Detroit, Memphis, and New Orleans as sites, the researcher finds that state takeover districts have not consistently disrupted the school-to-... 2017
Juliana Carter, J.D. Reimagining Pennsylvania's School Discipline Law and Student Rights in Discipline Hearings 88 Temple Law Review Online Online 4 (2017) Across the United States, schools are kicking children out for alleged misbehavior at higher rates than ever before. This form of punishment is formally known as disciplinary exclusion. Disciplinary exclusion can change a child's life. Almost immediately, the punishment impacts a student's reputation among her peers, ability to secure a job, and... 2017
Lanette Suarez Restraints, Seclusion, and the Disabled Student: the Blurred Lines Between Safety and Physical Punishment 71 University of Miami Law Review 859 (Spring, 2017) Introduction. 860 I. Restraints, Seclusion, Corporal Punishment, and the Failure of the Education System. 864 A. Disabled Children and the Individuals with Disabilities Education Act. 865 B. History and Use of Restraints, Seclusion, and Corporal Punishment in Schools. 867 C. Current Laws and Practices. 870 1. Department of Education Guidelines. 870... 2017
Amanda McGinn School Discipline Practices That Will Shock You, Literally: a Reevaluation of the Legal Standard for Excessive Force Against Students 54 American Criminal Law Review 627 (Spring, 2017) But I do want to talk about what happens in schools across America every single day, even when it's not captured on video. Schools must be safe havens. They must be filled with compassion and love. But it's clear that as a nation, we are severely underestimating the traumatic impact of our children being subject to, or even just seeing or... 2017
Rocío Rodríguez Ruiz School-to-prison Pipeline: an Evaluation of Zero Tolerance Policies and Their Alternatives 54 Houston Law Review 803 (Winter, 2017) Although our country's education system historically focused on rehabilitative measures, concerns about school violence led to an increased use of punitive measures during the 1990s. Reliance on harsh penalties has grown over time, leading to the strengthening of the school-to-prison pipeline: a nationwide phenomenon that criminalizes student... 2017
  Strengthening Our Cities 4 Belmont Law Review 159 (2017) Representative Akbari: Hello, everyone. First of all, thank you so much for having me at Belmont. It's a beautiful day to be in law school. This is a gorgeous law school. Fortunately, I have not had to come into one for seven years now. [Laughter.] Anyway, I'm really excited about the topic that I'm going to talk about today. I represent District... 2017
Josh Gupta-Kagan The School-to-prison Pipeline's Legal Architecture: Lessons from the Spring Valley Incident and its Aftermath 45 Fordham Urban Law Journal 83 (December, 2017) Introduction. 84 I. Case Study: The Spring Valley Incident and the School-to-Prison Pipeline in South Carolina. 91 A. The October 26, 2015 Spring Valley High School Incident. 92 B. The Incident's Aftermath. 94 C. Why Focus on Spring Valley and South Carolina?. 97 1. Spring Valley and South Carolina Illustrate the Pipeline's Legal Architecture. 97... 2017
David L. Hudson Jr. Zeroing in 103-DEC ABA Journal 16 (December, 2017) JOSEPH WAHL, A16-YEAR-OLD STUDENT, INADVERTENTLY BROUGHT TWO CREDIT CARD-SIZE KNIVES in his backpack to Brandywine High School in Wilmington, Delaware. He later explained that they were part of the inventory from his eBay business. School officials still punished him with a mandatory suspension under its zero tolerance policy on weapons. Wahl and... 2017
Brian J. Fahey A Legal-conceptual Framework for the School-to-prison Pipeline: Fewer Opportunities for Rehabilitation for Public School Students 94 Nebraska Law Review 764 (2016) I. Introduction. 765 II. Three Models for Regulating Juvenile Conduct. 768 A. The Criminal Punishment Model. 768 1. Rights Attendant to the Criminal Punishment Model. 768 2. A Framework for Recognizing Criminal Punishment. 769 B. The Juvenile Justice Model. 771 1. Rehabilitative Beginnings. 771 2. Recognizing Due Process Rights in Juvenile Justice.... 2016
Sarah E. Redfield, Jason P. Nance American Bar Association: Joint Task Force on Reversing the School-to-prison Pipeline 47 University of Memphis Law Review Rev. 1 (Fall, 2016) I. Overview of the School-to-Prison Pipeline Problem. 12 A. Introduction. 12 1. The Context. 15 a. The Meaning of Disproportionality. 16 b. Differences in relationships and expectations relate to the exercise of discretion, and both can be damning. 22 c. Bad or worse behavior is not the explanation for disproportionality. 27 d. Exclusion and... 2016
Devon L. DiSiena Back down to Bullying? The Detrimental Effects of Zero Tolerance Policies on Bullied Adolescents 22 Cardozo Journal of Law & Gender 337 (Winter, 2016) Introduction. 338 I. Zero Tolerance Policies. 340 A. Background. 340 1. Commerce Clause Power. 340 2. Spending Clause Power. 341 B. Adverse Effects and Criticism. 342 C. Real Life Stories. 344 1. Dontadrian Bruce. 344 2. Hunter Yelon. 345 3. Kasia Haughton. 345 4. Jordan Benett. 345 II. Bullying. 346 A. Statistics and Effects. 347... 2016
Catherine J. Ross Bitch, Go Directly to Jail: Student Speech and Entry into the School-to-prison Pipeline 88 Temple Law Review 717 (Summer 2016) School disciplinary codes often trample upon speech that is constitutionally protected, even under the special jurisprudence that governs student speech in school. These infringements of First Amendment rights go beyond silencing and censoring speech--they lead to long-term suspensions, expulsion, referrals to alternative schools, and even to the... 2016
Lisa A. Rich Cerd-ain Reform: Dismantling the School-to-prison Pipeline Through More Thorough Coordination of the Departments of Justice and Education 49 Loyola of Los Angeles Law Review 119 (2016) In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gapand slows the endless... 2016
Kerrin Wolf, Mary Kate Kalinich, Susan L. DeJarnatt Charting School Discipline 48 Urban Lawyer Law. 1 (Winter, 2016) The school-to-prison pipeline has become a widely used term to identify the ways that exclusionary school discipline can steer students away from educational opportunities and towards the juvenile and criminal justice systems. The pipeline has been described as a confluence of two child-and adolescent-caring systems--schools and juvenile... 2016
Sarah Jane Forman Countering Criminalization: Toward a Youth Development Approach to School Searches 14 Scholar: St. Mary's Law Review on Minority Issues 301 (Winter 2011) I. Introduction. 302 II. The Poisonous Pedagogy of New Jersey v. T.L.O.. 309 A. Suspicious Minds. 309 B. The Elephant in the Room. 323 C. Les Leçons Dangereuses. 330 D. How Age Gets Lost in the T.L.O. Inquiry. 335 III. Youth Development and the Law: We're Not in Jersey Anymore. 338 A. The Science. 342 i. The Old. 342 ii. The New. 343 iii. The... 2016
Pamela A. Fenning, Ph.D., Miranda B. Johnson, J.D., M.P.A. Developing Prevention-oriented Discipline Codes of Conduct 36 Children's Legal Rights Journal 107 (2016) For many years, significant concerns have been raised about the overuse of exclusionary discipline (e.g., suspensions and expulsions). Research has shown that out-of-school discipline is highly likely to be implemented for minor behaviors unrelated to school safety, such as tardies and truancy. Even though exclusionary discipline practices are the... 2016
Jason P. Nance Dismantling the School-to-prison Pipeline: Tools for Change 48 Arizona State Law Journal 313 (Summer, 2016) The school-to-prison pipeline is one of our nation's most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This... 2016
Adrien Fernandez Dismantling the School-to-prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific to Students with Learning Disabilities 21 Public Interest Law Reporter 147 (Spring, 2016) Children with learning disabilities make up 36% of the juvenile justice system, but only 8.6% of the nation's students. It is clear that the juvenile justice system disproportionally affects and punishes youth who have a learning disability. The Illinois government took notice of this so called school-to-prison pipeline when it passed Senate Bill... 2016
Jeremy L. Thompson , Chanelle Artiles Dismantling the Sexual Abuse-to-prison Pipeline: Texas's Approach 41 Thurgood Marshall Law Review 239 (Spring, 2016) The United States now has more than $19 trillion debt. With over 2.2 million people incarcerated, the United States has the highest prison population in the World. With over 1.6 million people incarcerated, China has the second highest prison population in the World. As the country with the highest prison population, the United States spends... 2016
Catherine E. Johnson Disrupted Lives; Diverted Futures: Zero Tolerance Policies' Impact on Students with Disabilities 40 Nova Law Review 425 (Spring, 2016) I. Introduction: The Illusive Promise of Equality. 425 II. The Importance of Safety in Education. 427 III. Zero Tolerance Policies. 427 IV. History of Discipline in Education. 428 V. Effectiveness of Zero Tolerance Policies. 431 VI. The Impact of Zero Tolerance Policies on Students with Disabilities. 432 VII. IDEA Procedural Protections. 436 VIII.... 2016
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