| Author | Title | Citation | Summary | Year |
| 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 |
| Drew Findling , Findling Law Firm, Atlanta, Georgia, 404-460-4500, Website www.findlinglawfirm.com, Email drew@findlinglawfirm.com, 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 |