Robert Scott Using Critical Pedagogy to Connect Prison Education and Prison Abolitionism 33 Saint Louis University Public Law Review 401 (2014) Socio-political movements naturally develop divisions between various factions of activists. I want to address what I consider to be an unfruitful schism between activists who organize education programs in prisons (prison educators) and those who oppose the prison system wholesale (prison abolitionists). To the extent to which members of these two... 2015
Lia Epperson Brown's Dream Deferred: Lessons on Democracy and Identity from Cooper V. Aaron to the "School-to-prison Pipeline" 49 Wake Forest Law Review 687 (Fall 2014) One of the most disturbing factors presently limiting educational advancement is the significant racial disparity in the apportionment of school discipline. Due to a series of state-enacted policies throughout the last two decades, school districts across the nation have adopted so called zero tolerance policies that apportion the harshest of... 2014
Jeffrey D. Spitzer-Resnick Children in School: Student Discipline and the School-to-prison Pipeline 87-SEP Wisconsin Lawyer 38 (September, 2014) Too often, discipline in schools merely relocates the problems instead of resolving them, thus leading to serious permanent consequences for misbehaving students and their families and communities. Wisconsin school-discipline law gives tremendous power to school boards to discipline public school students. In general, as long as minimal due process... 2014
Rebecca Schlosser Derailing the Juvenile Justice School-to-prison Pipeline by Reforming the Texas Court System 16 Texas Tech Administrative Law Journal 83 (Fall, 2014) I. Introduction. 83 II. Criminalization of Student Misbehaviors Created Duplicity and Inequity in the System. 84 A. Historical Background of Juvenile Justice. 86 B. Reforms in the 82nd and 83rd Legislative Sessions. 90 1. Has Criminal Ticketing in Texas Decreased as a Result of these Reform Efforts?. 93 2. A Study on Failure to Attend Ticketing and... 2014
David Simson Exclusion, Punishment, Racism and Our Schools: a Critical Race Theory Perspective on School Discipline 61 UCLA Law Review 506 (January, 2014) Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... 2014
Gary Blasi Fifty Years after Brown V. Board: Five Principles for Moving Ahead 11 Asian Law Journal 324 (May, 2004) It is a privilege to be here, among so many friends and people who are personal heroes of mine. And it is both a privilege and a daunting task to speak about strategies for rekindling the spirit of Brown v. Board of Education. As we look back on Brown and civil rights and educational justice work over the past half-century, it is important to... 2014
Jalise Burt From Zero-tolerance to Compassion: Addressing the Needs of Girls Caught in the School-to-prison Pipeline Through School-based Mental Health Services 6 Georgetown Journal of Law & Modern Critical Race Perspectives 97 (Spring, 2014) Our nation is currently engaged in a dangerously systematic criminalization of youth of color through our public school systems. This system, known as the school-to-prison pipeline, involves pushing children out of traditional schools and into the juvenile and criminal justice systems through the use of harsh disciplinary measures, suspensions, and... 2014
Melina Angelos Healey Montana's Rural Version of the School-to-prison Pipeline: School Discipline and Tragedy on American Indian Reservations 75 Montana Law Review 15 (Winter, 2014) Introduction. 17 I. Foundations of the Pipeline. 18 A. The Nationwide School-to-Prison Pipeline. 18 B. Tribes and Reservations Examined in this Article. 21 II. Background and Approach. 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 23 III. The Data: The Presence of Pipeline Indicators in Montana. 25 A. The Harmful... 2014
Stephanie Francis Ward Racial Imbalance Feeds School-to-prison Pipeline 100-APR ABA Journal 66 (April, 2014) Students of color, particularly boys, are suspended and expelled at alarming rates and zero-tolerance school discipline policies fail the communities they serve, said several speakers on a panel at this year's ABA Midyear Meeting. Black students are 3.5 times more likely to be expelled than white students, said Nancy Heitzeg, a sociology professor... 2014
Rebecca Morton Returning "Decision" to School Discipline Decisions: an Analysis of Recent, Anti-zero Tolerance Legislation 91 Washington University Law Review 757 (2014) Public school districts across America are evaluating the effectiveness of zero tolerance school discipline policies. Initially developed in the 1980s to combat the war on drugs, zero tolerance policies spread to school districts in the wake of congressional legislation addressing concerns for school safety. In addition to expulsions mandated by... 2014
Aaron J. Curtis Tracing the School-to-prison Pipeline from Zero-tolerance Policies to Juvenile Justice Dispositions 102 Georgetown Law Journal 1251 (April, 2014) C1-2Table of Contents Introduction. 1252 I. Zero-Tolerance Policies. 1253 a. justifications for zero-tolerance policies. 1254 1. Taking School Violence Seriously. 1254 2. Consistently Punishing Disciplinary Infractions. 1255 b. critiques of zero-tolerance policies. 1255 1. School Violence Is Declining. 1255 2. Students of Color Are Punished... 2014
Janel A. George Undermining Opportunity: Race, Gender, and Discipline Disparities 19-DEC NBA National Bar Association Magazine 18 (December, 2014) Although many African American girls were pivotal in advancing educational opportunity before and during the Civil Rights era, the educational outcomes of African American girls are being undermined by practices influenced by race and gender bias, including overly punitive discipline practices in schools. A recent report by the NAACP Legal Defense... 2014
S. David Mitchell Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the next Generation of Citizens 92 Washington University Law Review 271 (2014) I. Introduction. 272 II. Zero Tolerance Policies. 277 A. The Origin and Evolution of Zero Tolerance Policies. 278 B. The Impact of Zero Tolerance Policies. 283 1. In General. 287 2. The Disproportionate Impact. 291 C. Legal Challenges. 296 1. Free Speech. 297 2. Right to Privacy. 300 3. Due Process. 302 III. The Next Generation of Disenfranchised... 2014
Kaitlyn Jones #Zerotolerance #Keepingupwiththetimes: How Federal Zero Tolerance Policies Failed to Promote Educational Success, Deter Juvenile Legal Consequences, and Confront New Social Media Concerns in Public Schools 42 Journal of Law and Education 739 (Fall, 2013) The federal government first applied zero tolerance (ZT) disciplinary policies in elementary and secondary public schools both as an expansion of drug control legislation of the 1980s and in response to a string of tragic school shootings in the early 1990s. In compliance with the Improving America's Schools Act of 1994, a reauthorization of the... 2013
Andrea Lollini Brain Equality: Legal Implications of Neurodiversity in a Comparative Perspective 51 New York University Journal of International Law & Politics 69 (Fall, 2018) This article inquires into some of the implications of the concept of neurodiversity. First, it analyzes the definition of neurodiversity and its legal dimension. Then, it explores the claim made by part of the neurodiversity movement that people with different neurodevelopment profiles should be considered a new minority. Finally, this article... 2013
Jennica Janssen Collateral Consequences for Justice-involved Youth: a Model Approach to Reducing the Number of Collateral Consequences 20 Marquette Benefits & Social Welfare Law Review 25 (Fall, 2018) Collateral consequences--stigma and disadvantages individuals face after becoming entangled in the legal system--for justice-involved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile... 2013
Daniel J. Losen Discipline Policies, Successful Schools, Racial Justice, and the Law 51 Family Court Review 388 (July, 2013) Research has found that, in 2006, over 28 per cent of Black male middle school students had been suspended at least once, nearly three times the rate for White males. Other research has revealed racial disparities in discipline, including disproportionately high numbers of Black students being removed from class on discretionary discipline grounds,... 2013
Jane G. Coggshall, David Osher, Greta Colombi Enhancing Educators' Capacity to Stop the School-to-prison Pipeline 51 Family Court Review 435 (July, 2013) In this article, we, a group of experts from three federally funded educational technical assistance centers housed at the American Institutes for Research, describe four ways teachers and school leaders can affect children's trajectory into and through the pipeline to prison. We then detail the competencies necessary to promote the kinds of... 2013
Stephen Rushin Federal Enforcement of Police Reform 82 Fordham Law Review 3189 (May, 2014) Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics... 2013
Allison R. Brown Federal Spotlight on School-to-prison Pipeline 32 No. 2 Child Law Practice 31 (February, 2013) In 1999, Columbine happened. And in the years following, schools and some states ramped up zero tolerance in school discipline to alleviate fears of another tragedy. The school-to-prison pipeline grew. Here we are again. Recently, Newtown happened. Another horrific tragedy. I am hopeful, however, that we will not see the reactionary overreach in... 2013
Quintin M. Chatman , NACDL, 1660 L Street, NW, 12th Floor, Washington, DC 20036, 202-465-7633, Fax 202-872-8690, E-mail Fighting for the Underdog 39-NOV Champion 62 (November, 2015) Pennsylvania lawyer Peter Goldberger did not know any lawyers while growing up in Tenafly, N.J., but a high school teacher's suggestion that he consider it as a career choice led him to seek summer jobs in legal offices during his college years. That teacher sowed a seed that took Goldberger on a legal journey that includes earning a degree at Yale... 2013
Susan Ainsley McCarter Holistic Representation: a Randomized Pilot Study of Wraparound Services for First-time Juvenile Offenders to Improve Functioning, Decrease Motions for Review, and Lower Recidivism 54 Family Court Review 250 (April, 2016) Mental health diagnoses, substance abuse issues, and school problems are often cited as contributors to adolescents' involvement with the juvenile justice system. Yet, few youth receive assessment, evaluation, or intervention prior to their involvement with the juvenile courts. This pilot study evaluated whether providing a randomized trial of... 2013
Eleanor Lumsden How Much Is Police Brutality Costing America? 40 University of Hawaii Law Review 141 (Winter 2017) L1-2INTRODUCTION . L3142 I. A BRIEF HISTORY OF POLICING. 145 II. FEDERAL LAW. 155 A. The United States Constitution. 155 B. Federal Statutory Law. 158 III. THE COMMON LAW OF TORTS. 162 IV. THE COSTS OF POLICE BRUTALITY. 165 A. Direct, Current Costs. 165 1. Costs to Victims. 165 2. Broken Homes and Families. 172 B. Indirect, Current Costs. 174 1.... 2013
Khin Mai Aung Pitting Our Youth Against Each Other: Moving School Harassment and Bullying Policy from a Zero Tolerance Discipline to Safe School Environment Framework 3 UC Irvine Law Review 885 (December, 2013) Introduction. 885 I. State of the Law--School Harassment and Bullying Prevention Policies. 890 A. Federal Law. 890 1. Federal Antiharassment Laws. 890 2. Proposed Legislation--Safe School Improvement Act. 892 B. State and Local Laws and Policies on School Bullying and Harassment. 893 1. National Trends Across Jurisdictions. 893 2. Example--New York... 2013
Patrick S. Metze Plugging the School-to-prison Pipeline by Improving Behavior and Protecting Core Judicial Functions: a Constitutional Crisis Looms 45 Saint Mary's Law Journal 37 (2013) I. Introduction. 38 II. Implementation of Positive Behavioral Interventions and Support in Texas Youth Commission Schools. 43 A. Final Report on the Effectiveness of PBIS. 44 III. History of the Texas Youth Commission and Texas Juvenile Probation Commission. 52 A. TYC. 52 B. TJPC. 55 IV. Probation: An Inherent or Core Judicial Function. 57 A.... 2013
Sarah Harrison Reaction To: Murder at Freedom's Gate 5 Georgetown Journal of Law & Modern Critical Race Perspectives 49 (Spring, 2013) From the opening to the final page, Murder at Freedom's Gate is a riveting read for a policy Note. The graphic scene described at the beginning sets an appropriate stage for the Introduction's hard-hitting facts highlighting America's present day racial disparities and the need for a sounding call to education reform. Aiken drives the point with... 2013
Barbara Fedders, Jason Langberg School Discipline Reform: Incorporating the Supreme Court's "Age Matters" Jurisprudence 46 Loyola of Los Angeles Law Review 933 (Spring, 2013) Relying on social science, neuroscience, and common sense to elucidate the differences between childhood and adulthood, including levels of maturation, impulsivity, and susceptibility to peer pressure, the Supreme Court altered the criminal justice landscape for youth in Roper v. Simmons, Graham v. Florida, J.D.B. v. North Carolina, and Miller v.... 2013
Barbara Fedders Schooling at Risk 103 Iowa Law Review 871 (March, 2018) ABSTRACT: For much of the nation's history, states excluded entire groups of students from mainstream public-school classrooms based on classifications of race or disability. Although Brown vs. Board of Education and its progeny, as well as the Individuals with Disabilities Education Act, now prohibit the most blatant and egregious forms of this... 2013
Melina Angelos Healey The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations 37 New York University Review of Law and Social Change 671 (2013) I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the... 2013
Udi Ofer Criminalizing the Classroom: the Rise of Aggressive Policing and Zero Tolerance Discipline in New York City Public Schools 56 New York Law School Law Review 1373 (2011/2012) On February 1, 2010 school safety officers arrested twelve-year-old Alexa Gonzalez in front of her classmates and teachers. What did she do wrong? While waiting for her Junior High School Spanish teacher to distribute homework assignments, Alexa doodled on her desk with an erasable marker, I love my friends Abby and Faith. Lex was here. 2/1/10.... 2012
Kate Baldridge Disaster Resilience: a Study of San Francisco's Soft-story Building Problem 44 Urban Lawyer 465 (Spring, 2012) In 2001, the Federal Emergency Management Agency (FEMA) named three major disaster scenarios as being among the most serious threats to the nation: a terrorist attack in New York City, a major hurricane hitting New Orleans, and a large earthquake hitting San Francisco. The first two scenarios have already played out, while the third may be looming... 2012
Thalia González Keeping Kids in Schools: Restorative Justice, Punitive Discipline, and the School to Prison Pipeline 41 Journal of Law and Education 281 (April, 2012) Although the use of restorative justice in schools is hardly new globally, the emergence of school-based restorative justice in the United States as an educational practice to address the far-reaching negative impacts of punitive discipline policies is a more recent phenomenon. School-based restorative justice programs in the United States have... 2012
Patrick S. Metze Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline 16 U.C. Davis Journal of Juvenile Law & Policy 203 (Winter 2012) As timely as today's headlines, I take a critical look at the failure of the public schools to educate our children. Criminalized and alienated, students of color and economic disadvantage are forced out of their schools and into the juvenile justice system as the first step to a life of reduced expectations and productivity. We are failing to... 2012
Catherine Y. Kim Policing School Discipline 77 Brooklyn Law Review 861 (Spring, 2012) Notwithstanding the frequent admonishment that students [do not] shed their constitutional rights at the schoolhouse gate, courts routinely defer to school officials in cases involving the investigation and punishment of youth in schools. Consequently, youth accused of school misconduct are not entitled to the same procedural protections to which... 2012
Steven Brantley Restorative Justice in the Classroom: a Pipeline to Nowhere for All 28 George Mason University Civil Rights Law Journal 69 (Fall, 2017) Every day, countless news headlines are filled with stories describing tragic cases of violence in our nation's schools. Stories describing shootings, stabbings, and other forms of egregious, life threatening violence are all too common occurrences in today's innercity school districts. Additionally, many more incidents of bullying, fights, and... 2012
John R. Martin School Discipline and Disparate Impact 13 Engage: The Journal of the Federalist Society Practice Groups 30 (March 1, 2012) This paper analyzes the U.S. Department of Education's proposed use of disparate impact theory in examining school discipline in schools across the country. As always, The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions of opinion are those of the author. The Federalist Society seeks to foster... 2012
Anne Lee The Role of Public Interest Lawyers in Social Justice Movements: Seeking Justice Where Educational Inequality, School Discipline, and Juvenile Justice Converge 11 Seattle Journal for Social Justice 149 (Summer, 2012) TeamChild is a nonprofit law office in Washington State that provides civil legal representation to youth between the ages of twelve and eighteen years old who are experiencing barriers in accessing education, housing, and health care. About fifteen years ago, TeamChild was born out of the frustration of public defenders who kept seeing youth cycle... 2012
Thalia González Youth Incarceration, Health, and Length of Stay 45 Fordham Urban Law Journal 45 (December, 2017) For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often... 2012
Brittany Brown An Inside-out Approach to Ending the School-to-prison Pipeline: an Adequacy Argument for Early Childhood Education in Massachusetts 11 Whittier Journal of Child and Family Advocacy 123 (Fall, 2011) That all citizens will be given an equal start through a sound education is one of the most basic promised rights of our democracy. Senator Paul Wellstone We have more work to do when more black men languish in prison than attend colleges and universities across America. President Barack Obama Sandday and Jerquais attended an elementary school... 2011
Simone S. Hicks Behind Prison Walls: the Failing Treatment Choice for Mentally Ill Minority Youth 39 Hofstra Law Review 979 (Summer 2011) On the night of November 12, 2007, Khiel Coppin, eighteen, was killed in a hail of fifteen bullets fired by New York City Police Department (NYPD) officers in front of his family's home in Brooklyn, New York. Many people in the neighborhood blamed this death on the NYPD officers' use of excessive force. However, the tragedy can be attributed to... 2011
Mark P. Fancher Born in Jail: America's Racial History and the Inevitable Emergence of the School-to-prison Pipeline 13 Journal of Law in Society 267 (Fall, 2011) C1-2Table of Contents I. Introduction. 267 II. The Criminalization of Africans. 268 A. Enslavement. 268 B. Post-Slavery Propaganda and Criminal Sanctions. 272 C. Racial Profiling and Mass Incarceration. 274 III. The School-to-Prison Pipeline. 275 A. Infrastructure. 275 B. Punishment. 276 IV. Conclusion. 279 2011
Kevin Lapp Databasing Delinquency 67 Hastings Law Journal 195 (December, 2015) Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a century of limited record-making and enhanced confidentiality regarding juveniles, these data collection practices have... 2011
Sean Darling-Hammond Designed to Fail: Implicit Bias in Our Nation's Juvenile Courts 21 U.C. Davis Journal of Juvenile Law & Policy 169 (Summer, 2017) Our nation's juvenile courts espouse the admirable mission of creating a fair court of empathy capable of helping youth that have erred take a more positive path and become productive citizens, regardless of their backgrounds. Yet juvenile court dispositions yield troubling racial disproportionalities, and the proceedings themselves seem riddled... 2011
Heather A. Cole , Julian Vasquez Heilig Developing a School-based Youth Court: a Potential Alternative to the School to Prison Pipeline 40 Journal of Law and Education 305 (April, 2011) Youth Courts exist throughout the country and are based on education policy attempting to address, through alternative means, issues of student discipline in schools. In 2006, there were over 1,250 Youth Courts in the United States serving as many as 125,000 offenders and utilizing over 100,000 youth volunteers. Most of the Youth Courts are housed... 2011
Laura Knittle From Crayons to Handcuffs: an Investigation of Elementary School Discipline 17 Public Interest Law Reporter 1 (Fall 2011) In March 2010, a first-grade student at Carver Primary School in Chicago's far South Side got in trouble for being disruptive. A school security guard handcuffed the 6-year-old boy and detained him for more than an hour. The guard then told him he would go to prison and would never see his parents again. This elementary school student's story is... 2011
Emily Bloomenthal Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses 35 New York University Review of Law and Social Change 303 (2011) I. Introduction. 303 II. Zero Tolerance--Background and Consequences. 305 A. Development of Zero Tolerance Policies. 305 B. Ineffectiveness of Zero Tolerance Policies. 308 C. Consequences of Zero Tolerance Policies. 310 D. Disproportionate Effects of Zero Tolerance Policies. 312 E. Alternatives to Zero Tolerance. 314 F. Pockets of Progress in... 2011
Mary Whisner Race and the Reference Librarian 106 Law Library Journal 625 (Fall, 2014) Ms. Whisner examines how race arises in the day-to-day work of law librarians, and discusses how law librarians can foster cultural competence and create more welcoming environments in diverse institutions. ¶1 I'd like to accept Ronald Wheeler's invitation to talk about race. Much writing on diversity in law librarianship starts with demographics--... 2011
Thalia González Restoring Justice: Community Organizing to Transform School Discipline Policies 15 U.C. Davis Journal of Juvenile Law & Policy 1 (Winter 2011) I. Introduction. 2 II. Impact of Punitive Discipline Policies in Schools. 6 A. Increased Student Drop Out. 6 B. Pushing Youth Into the School-to-Prison Pipeline. 9 C. Failure to Keep Schools Safe. 14 III. Community Organizing For Education Reform. 15 IV. Padres y Jóvenes Unidos Ending The School To Jail Track Campaign. 23 V. Denver Public... 2011
Barry C. Feld T.l.o and Reddings Unanswered (Misanswered) Fourth Amendment Questions: Few Rights and Fewer Remedies 80 Mississippi Law Journal 847 (Spring, 2011) Compulsory attendance laws concentrate large groups of young people in schools. Crime rates increase sharply during adolescence and pose unique problems of social control in schools. In addition to their educational mission, school officials have to maintain order, provide a safe environment in which to learn, and control guns, drugs, and violence... 2011
Torin D. Togut The Gestalt of the School-to-prison Pipeline: the Duality of Overrepresentation of Minorities in Special Education and Racial Disparity in School Discipline on Minorities 20 American University Journal of Gender, Social Policy and the Law 163 (2011) Introduction. 164 I. Racial Disparities in the Identification and Provision of Special Education. 166 A. The Meaning of Disproportionate Representation. 166 B. Possible Factors Leading to Overrepresentation of Minorities in Special Education. 166 1. Socio-Demographic Factors Influencing Overrepresentation. 167 2. Special Education Eligibility and... 2011
1 2 3 4 5 6 7 8 9