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
Tamika C. Griffin Under the International Microscope: the School-to-prison Pipeline and the U.n. Convention on the Rights of the Child 4 Human Rights & Globalization Law Review 133 (Fall, 2010/Spring, 2011) Imagine you send your son to middle school on a rainy April day. After raining all night, the morning shows signs of slowing. By lunchtime, the rain has dissipated and the teachers release their students for recess. Excited that the rain has ended, your son stomps in a nearby puddle thereby spraying his classmates, teacher, and school resource... 2011
Michael Rocque , Raymond Paternoster Understanding the Antecedents of the "School-to-jail" Link: the Relationship Between Race and School Discipline 101 Journal of Criminal Law and Criminology 633 (Spring 2011) One of the strongest findings in the juvenile delinquency literature is the relationship between a lack of school success, school disengagement, and involvement in the criminal justice system. This link has been deemed the school-to-jail pipeline. To date, research has not clarified the antecedents or origins of this school failure and... 2011
Peter Follenweider Zero Tolerance: a Proper Definition 44 John Marshall Law Review 1107 (Summer 2011) A Virginia eighth grader was suspended for taking a knife from a suicidal friend. Despite calling his actions noble and admirable, the school suspended him after finding that same knife in his locker. The student filed suit in Federal District Court, but the case was dismissed. In September of 1997, a bleacher-clearing brawl occurred between... 2011
Russell J. Skiba, Suzanne E. Eckes, Kevin Brown African American Disproportionality in School Discipline: the Divide Between Best Evidence and Legal Remedy 54 New York Law School Law Review 1071 (2009/2010) Student discipline is one of the more complex problems confronting educators. One recent survey of educators and school law attorneys ranked student discipline as the third most important legal issue confronting educators after special education and student expression. An educator's action on a disciplinary matter is generally found constitutional... 2010
Lizbet Simmons Buying into Prisons, and Selling Kids Short 6 Modern American 51 (Fall, 2010) There is an increasing need to account for the role of the nation's failing public school system in structuring incarceration risk among minority populations and to link theories of the minority achievement gap with those of disproportionate minority confinement. The minority achievement gap is so named, because, on average, minority students'... 2010
Lisa H. Thurau, Johanna Wald Controlling Partners: When Law Enforcement Meets Discipline in Public Schools 54 New York Law School Law Review 977 (2009/2010) In the past decade, police have moved into public schools in unprecedented numbers. Often referred to as School Resource Officers, (SROs) they have assumed a variety of roles that range from strict enforcers of rules and laws, to surrogate parents, to counselors and coaches, and to an extra pair of hands for school administrators. The rapid... 2010
Elizabeth E. Hall Criminalizing Our Youth: the School-to-prison Pipeline V. the Constitution 4 Southern Regional Black Law Students Association Law Journal 75 (Spring 2010) Zero tolerance policies in schools have spiraled out of control to include harsh punishments for non-criminal offenses, mere student misbehavior, and even innocent actions. These policies have led to a dramatic increase in the school-to-prison pipeline, which is the direct or indirect pathway from school to juvenile detention or adult prison. This... 2010
Dennis D. Parker Discipline in Schools after Safford Unified School District #1 V. Redding 54 New York Law School Law Review 1023 (2009/2010) At the close of the October Term, 2008, many children's rights advocates apprehensively awaited the United States Supreme Court's decision in Safford Unified School District #1 v. Redding, a case examining the constitutionality of the strip search of a thirteen-year-old middle school student in the course of an investigation of an alleged violation... 2010
Sean E. Boyd Implementing the Missing Peace: Reconsidering Prison Gang Management 28 Quinnipiac Law Review 969 (2010) On the morning of March 28, 2008, inmates at an overcrowded, medium-security correctional institution in Three Rivers, Texas arose for the start of a new day. Within minutes, a vicious riot broke out among several inmates. Although unclear how long the riot ensued, once officials finally halted the disturbance, twenty-two inmates had suffered... 2010
Deborah N. Archer Introduction: Challenging the School-to-prison Pipeline 54 New York Law School Law Review 867 (2009/2010) Despite clear evidence that violence and crime in our schools is decreasing, the often misguided approaches of our criminal justice system, with its focus on punishment rather than rehabilitation, are bleeding into our schools. This has led many school districts to crack down on our children, focusing on punishment and criminalization rather than... 2010
Catherine Y. Kim Procedures for Public Law Remediation in School-to-prison Pipeline Litigation: Lessons Learned from Antoine V. Winner School District 54 New York Law School Law Review 955 (2009/2010) As described throughout this issue, the school-to-prison pipeline refers to policies and practices that systemically push at-risk youth out of mainstream public schools and into the juvenile or criminal justice systems. Students in K-12 public schools are subject to exclusionary school discipline practices of suspension or expulsion with... 2010
Joseph B. Tulman, Douglas M. Weck Shutting off the School-to-prison Pipeline for Status Offenders with Education-related Disabilities 54 New York Law School Law Review 875 (2009/2010) Children from low-income and minority families disproportionately populate the juvenile court, as well as juvenile shelter care, detention, and incarceration facilities. Less obvious, but equally intense, is the concentration in the juvenile system of children with undiagnosed and unmet special education needs. For many special education eligible... 2010
Timothy Zick Speech and Spatial Tactics 84 Texas Law Review 581 (February, 2006) As the Supreme Court has observed on many occasions, First Amendment freedoms need breathing space to survive. This is so in the quite literal sense that the exercise of expressive rights requires adequate physical space. Given its primacy, it is remarkable how little attention has been given to the concept of place in First Amendment doctrine... 2010
Deborah Fowler Student Discipline Goes to Court: the Advent of Campus Policing and Class C Ticketing in Texas Public Schools 48-DEC Houston Lawyer 18 (November/December, 2010) In a little over two decades, a paradigm shift has occurred in the Lone Star State. The misdeeds of children--acts that in the near recent past resulted in trips to the principal's office, corporal punishment, or extra laps under the supervision of a middle school or high school coach, now result in criminal prosecution, criminal records and untold... 2010
Jessica Feierman, Marsha Levick, Ami Mody The School-to-prison Pipeline . And Back: Obstacles and Remedies for the Re-enrollment of Adjudicated Youth 54 New York Law School Law Review 1115 (2009/2010) The school-to-prison pipeline does not run in only one direction. Ideally, children who find themselves in the juvenile justice system as a consequence of school-related conduct should easily make their way back to neighborhood schools upon their release from placement. The reality, however, is often far different. While much attention has been... 2010
Kristina Menzel The School-to-prison Pipeline: How Schools Are Failing to Properly Identify and Service Their Special Education Students and How One Probation Department Has Responded to the Crisis 15 Public Interest Law Reporter 198 (Summer 2010) Under the Individuals with Disabilities Education Act (IDEA), schools are required to identify and provide services for students with special education needs. This includes those mentally ill students whose mental illness interferes with their ability to get a free, appropriate, public education. Unfortunately, these needs are not always met by... 2010
Mark McWilliams , Mark P. Fancher Undiagnosed Students with Disabilities Trapped in the School-to-prison Pipeline 89-AUG Michigan Bar Journal 28 (August, 2010) Because nine-year-old Terrence found himself engaged in fights and confrontations with teachers several times each week, his mother repeatedly asked that the principal of the child's southeast Michigan school arrange for a disability evaluation. The principal refused, claiming that a finding of an anger management disability would stigmatize the... 2010
Ronald C. Lewis A Multi-system Approach to Dismantling the "Cradle to Prison" Pipeline 47-DEC Houston Lawyer 28 (November/December, 2009) Children's Defense Fund President Marion Wright Edelman made headlines when she described the incarceration of increasing numbers of our young people as the new apartheid that poses a huge threat to American unity and community. Her analogy is dramatic, but not off the mark. Incarceration of juveniles in this country is reaching epidemic... 2009
Deborah Gordon Klehr Addressing the Unintended Consequences of No Child Left Behind and Zero Tolerance: Better Strategies for Safe Schools and Successful Students 16 Georgetown Journal on Poverty Law and Policy 585 (Symposium Issue 2009) About this, there is no controversy: we want all our children to succeed. We are all better off when our children are educated and can become productive members of society. We want safe schools and recognize the effect of school climate on students' ability to learn. And yet, despite efforts to facilitate safe, effective learning, we as a society... 2009
Tona M. Boyd Confronting Racial Disparity: Legislative Responses to the School-to-prison Pipeline 44 Harvard Civil Rights-Civil Liberties Law Review 571 (Summer 2009) For a few months in 2007, the nation focused its attention on the fate of six young black men in the small town of Jena, Louisiana. After a schoolyard fight left a white student unconscious, a local prosecutor charged the Jena Six with attempted murder and conspiracy. On September 20, 2007, in a protest evocative of the civil rights era, thousands... 2009
Chauncee D. Smith Deconstructing the Pipeline: Evaluating School-to-prison Pipeline Equal Protection Cases Through a Structural Racism Framework 36 Fordham Urban Law Journal 1009 (November, 2009) A man working in a munitions factory explains that he is not killing; he's just trying to get out a product. The same goes for the man who crates bombs in that factory. He's just packaging a product. He's not trying to kill anyone. So it goes until we come to the pilot who flies the plane that drops the bomb. Killing anyone? Certainly not, he's... 2009
Josie Foehrenbach Brown Developmental Due Process: Waging a Constitutional Campaign to Align School Discipline with Developmental Knowledge 82 Temple Law Review 929 (Winter 2009) I. Roper, Punishment, and the Constitutional Relevance of the Science of Adolescent Development. 933 A. The Road to Roper. 933 B. The Roper Decision. 940 C. The First Wave of Roper 's Migrating Influence. 944 D. Discerning Roper 's Potential Implications for School Discipline. 946 II. Surveying the Historical and Legal Terrain: Drawing... 2009
Lisa Abregú Restorative Justice in Schools: Restoring Relationships and Building Community 18 No. 4 Dispute Resolution Magazine 10 (Summer, 2012) The word discipline, as originally understood, means to educate, to instruct, and to correct. It is ironic that in our schools the meaning of this word has lost its traditional moorings and slid into being equated with chastise and punish. This change in understanding is reflected in the ways many of our schools, especially in the public... 2009
Brent M. Pattison Questioning School Discipline: Due Process, Confrontation, and School Discipline Hearings 18 Temple Political & Civil Rights Law Review 49 (Fall 2008) How schools should respond to problem behavior by students has become a hotly debated issue among educators, policy makers, lawyers, and the general public. Tragic incidents of school violence and a perceived increase in the seriousness and rate of juvenile crime in the 1990s led to efforts by legislatures and school districts to get tough on... 2008
Sheena Molsbee Zeroing out Zero Tolerance: Eliminating Zero Tolerance Policies in Texas Schools 40 Texas Tech Law Review 325 (Winter, 2008) During fourth period, Taylor Hess watched as the assistant principal entered the classroom, pointed at him, and said, Get your car keys [and c]ome with me. As Taylor followed the principal to the parking lot, the sixteen-year-old was not worried; he simply thought that he had left his lights on or parked in a prohibited area. Then, the principal... 2008
Frances P. Solari , Julienne E.M. Balshaw Outlawed and Exiled: Zero Tolerance and Second Generation Race Discrimination in Public Schools 29 North Carolina Central Law Journal 147 (2007) I. Introduction. 147 II. Constitutional Claims. 154 A. Equal Protection. 155 B. Due Process. 165 1. Education as Property Interest. 166 2. Reputation as Liberty Interest. 168 3. Outlawed and Exiled. 170 4. Void for Vagueness. 173 III. Potential Defenses. 180 A. Failure to Exhaust Administrative Remedies. 180 B. Immunity. 187 1. Sovereign Immunity.... 2007
Marci A. Hamilton The Case for Evidence-based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy 9 Harvard Law & Policy Review 129 (Winter 2015) Transparency in lawmaking increases the accountability of representatives to the public, encourages frank debate about specifics, reveals hidden lobbyist agendas, and reduces unintended consequences. Neither representatives primarily motivated by a desire to stay in power nor special interests embrace transparency, making it an elusive goal but... 2007
William C. Hubbard Upstream Intervention 101-FEB ABA Journal 8 (February, 2015) A close friend and law partner, Steve Morrison, devoted 10 years of his life and significant pro bono time to a landmark public education case, Abbeville v. State of South Carolina. Plaintiffs brought the original suit in 1993 on behalf of poor, rural school districts, seeking to hold the state to its constitutional obligation to provide every... 2007
Miriam Rokeach , John Denvir Front-loading Due Process: a Dignity-based Approach to School Discipline 67 Ohio State Law Journal 277 (2006) Most observers agree that, before we end affirmative action programs in higher education, we must dramatically improve the public elementary and high schools that most minority students attend. Usually we think of educational reform in terms of resources and curriculum, but a new fairness-oriented approach to discipline also plays an important... 2006
Augustina Reyes The Criminalization of Student Discipline Programs and Adolescent Behavior 21 Saint John's Journal of Legal Commentary 73 (Fall 2006) The new school conduct ethos has profoundly changed views about what was once deemed usual, if annoying, behavior by adolescents. No longer is the playground scrap or the kickball tussle deemed a rite of passage best settled by a teacher who orders the combatants to their corners, hears out the two sides, and demand apologies and a handshake. In... 2006
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