| Author | Title | Citation | Summary | Year |
| Mary S. Williams |
COMPULSORY CLASSROOMS AND CUSTODY: APPLYING STATE TRUANCY LAWS TO FIND THAT SCHOOL IS INHERENTLY CUSTODIAL FOR THE PURPOSES OF MIRANDA WARNINGS |
51 Journal of Law and Education 261 (Spring, 2022) |
When Ava Duvernay depicted the grueling interrogation of the Central Park Five in her 2019 Netflix limited series When They See Us, the director took nearly seven hours of interrogation and turned it into twenty minutes of horror for millions of viewers. The Exonerated Five, who have since been released from prison, had their convictions... |
2022 |
| Caroline J. Capili |
CORPORAL PUNISHMENT IN THE UNITED STATES: ABOLISHMENT UNDER THE CIVIL RIGHTS ACT OF 1964 |
36 Notre Dame Journal of Law, Ethics & Public Policy 293 (2022) |
The sound of each blow intensified with each passing moment. We all sat motionless in homeroom as the sound of her cries echoed from the empty classroom next door. A small disagreement with the school administrators on the way to class escalated quickly over something so trivial--a tardy to class. She slowly entered the classroom and returned to... |
2022 |
| Amber Baylor |
CRIMINALIZED STUDENTS, REPARATIONS, AND THE LIMITS OF PROSPECTIVE REFORM |
99 Washington University Law Review 1229 (2022) |
Introduction. 1230 I. A Reparations Framework: Outlining Injury To Criminalized Students. 1234 A. The History and Harm of Criminalizing Students. 1238 B. Law Enforcement in Schools. 1242 C. School Order Misdemeanors. 1246 D. Students in Criminal Courts. 1249 E. Reforms Reducing the Criminalization of Students. 1254 1. School Discipline Reform. 1255... |
2022 |
| Bryonn Bain |
CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA |
6 Howard Human & Civil Rights Law Review 159 (2021-2022) |
Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... |
2022 |
| Sarah A. Husk |
CUTTING THE IDEA'S GORDIAN KNOT: ACCEPTING ENTANGLEMENTS OF DISABILITY AND SELF AND EMBRACING A "BEST INTERESTS" APPROACH TO DISCIPLINING STUDENTS WITH DISABILITIES |
51 Journal of Law and Education 86 (Fall, 2022) |
The Individuals with Disabilities Education Act (IDEA) establishes a procedural right and process to protect students with disabilities from punitive disciplinary action where their misconduct is deemed to have stemmed directly from their disability. The manifestation determination review (MDR), in focusing on disability as a discrete, identifiable... |
2022 |
| Regina Kline , Michael Morris , Nanette Goodman , Peter Blanck |
DISABILITY REPARATIONS AND THE MODERNIZATION OF THE COMMUNITY REINVESTMENT ACT OF 1977 |
24 NYU Journal of Legislation and Public Policy 375 (2021-2022) |
The Community Reinvestment Act of 1977 (CRA) was enacted to reverse the historical exclusion of low and moderate income (LMI) communities from bank lending, investment, and services. This practice of so-called redlining was endemic to a system of finance in which banks typically took wealth out of LMI communities while denying the credit... |
2022 |
| Thalia González |
DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS |
70 UCLA Law Review Discourse 40 (2022) |
This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... |
2022 |
| Adina Romaner |
EDUCATION CONNECTION: USING THE FOURTH AMENDMENT AS A WEAPON TO KEEP STUDENTS IN SCHOOL |
42 Children's Legal Rights Journal 174 (2022) |
Surveillance and law enforcement's presence in public schools has increased in recent years, changing the role of teachers and administrators to rule enforcers for students. A surge in school shootings resulted in increased federal funding for placing police officers in schools. This change calls into question the state of Fourth Amendment... |
2022 |
| Sunita Patel |
EMBEDDED HEALTHCARE POLICING |
69 UCLA Law Review 808 (May, 2022) |
Scholars and activists are urging a move away from policing and towards more care-based approaches to social problems and public safety. These debates contest the conventional wisdom about the role and scope of policing and call for shifting resources to systems of care, including medical, mental health, and social work. While scholars and... |
2022 |
| Nicole Tuchinda |
ENDING SCHOOL BRUTALITY |
28 William and Mary Journal of Race, Gender, and Social Justice 617 (Spring, 2022) |
Children, especially Black children, are killed, traumatized, injured, and terrorized through assaults, solitary confinement, inappropriate handcuffing, and other excessive applications of physical force upon children in public schools. The state employees enacting such maltreatment are not just police. They are mainly teachers, principals, and... |
2022 |
| Kevin Scot Johns |
FOR WHOM THE BELL TOLLS: BELL v. ITAWAMBA TARGETS RAP MUSIC AND STUDENTS' FREE SPEECH RIGHTS |
71 Emory Law Journal 1321 (2022) |
In the Fifth Circuit Court of Appeals case Bell v. Itawamba, student free speech rights, a vigilantly protected constitutional freedom, came to clash with rap music, an art form viciously misunderstood by much of America. The distaste for rap ultimately won out--the court crafted a new, more restrictive student free speech doctrine to render the... |
2022 |
| Ashton Tuck Scott |
GOSS v. LOPEZ AS A VEHICLE TO EXAMINE DUE PROCESS PROTECTION ISSUES WITH ALTERNATIVE SCHOOLS |
63 William and Mary Law Review 2091 (May, 2022) |
C1-2Table of Contents Introduction. 2092 I. Background. 2096 A. Recent Trends Toward Alternative Schools. 2097 B. Disproportionate Social Harms. 2099 II. The Circuit Split. 2103 A. Courts That Require Due Process for Alternative School Transfers. 2104 B. Courts That Do Not Require Due Process for Alternative School Transfers. 2106 III. Goss v.... |
2022 |
| Jessica Whelan |
GRANTING A HALL PASS TO PUBLIC SCHOOL EDUCATORS: HOW THE FIFTH CIRCUIT'S DECISION IN T.O. v. FORT BEND INDEPENDENT SCHOOL DISTRICT HIGHLIGHTS THE INADEQUATE CONSTITUTIONAL CURRICULUM FOR ACADEMIC CORPORAL PUNISHMENT |
67 Villanova Law Review 201 (2022) |
Battered schoolchildren are not interested in post-punishment relief. What they want--and deserve--is not to be hit in the first place. After eighth-grade student Trey Clayton failed to sit in his assigned seat for class, an assistant principal struck him three times on the buttocks as punishment. The paddling was so severe that Clayton fainted... |
2022 |
| Phyllis C. Taite |
INEQUALITY BY UNNATURAL SELECTION: THE IMPACT OF TAX CODE BIAS ON THE RACIAL WEALTH GAP |
110 Kentucky Law Journal 639 (2021-2022) |
Table of Contents. 639 Introduction. 640 I. Social Darwinism. 641 II. Real Estate Investment Trusts and Mass Incarceration. 643 A. What Is a Real Estate Investment Trust?. 643 B. What Is the Relationship Between Mass Incarceration and Tax Policy?. 646 i. The Rise of Private Prisons and Detention Centers. 646 ii. Show Me the Money!. 648 C. The... |
2022 |
| Emily Suski |
INSTITUTIONAL BETRAYALS AS SEX DISCRIMINATION |
107 Iowa Law Review 1685 (May, 2022) |
ABSTRACT: Title IX jurisprudence has a theoretical and doctrinal inadequacy. Title IX's purpose is to protect public school students from sex discrimination in all its forms. Yet, courts have only recognized three relatively narrow forms of sex discrimination under it. Title IX jurisprudence, therefore, cannot effectively recognize as sex... |
2022 |
| Savannah L. Murphy |
IT STARTS AND ENDS WITH THE SCHOOLS: USING STRICT IDEA ENFORCEMENT TO SUNDER THE SCHOOL-TO-PRISON-PIPELINE FOR SPECIAL EDUCATION STUDENTS |
48 Ohio Northern University Law Review 359 (2022) |
Many scholars have advocated for the unification of IDEA, ADA, and Section 504 principles in the juvenile adjudication process. This comment seeks a different approach. We should not have to unify two separate concepts, but rather strive to keep them in their own distinct universes. Special education and juvenile delinquency should not intersect.... |
2022 |
| Jason P. Nance , Michael Heise |
LAW ENFORCEMENT OFFICERS, STUDENTS, AND THE SCHOOL-TO-PRISON PIPELINE: A LONGITUDINAL PERSPECTIVE |
54 Arizona State Law Journal 527 (Summer, 2022) |
Recent data indicate that a majority of schools now have regular contact with law enforcement officers, transforming the educational experience for hundreds of thousands of students nationwide. The proper role of police officers in schools, if any, has been hotly debated for years. But this debate was elevated to an unprecedented level during the... |
2022 |
| Michael Swistara |
MUTUAL LIBERATION: THE USE AND ABUSE OF NON-HUMAN ANIMALS BY THE CARCERAL STATE AND THE SHARED ROOTS OF OPPRESSION |
12 University of Miami Race & Social Justice Law Review 312 (Spring, 2022) |
The carceral state has used non-human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non-consenting... |
2022 |
| Tiffany Williams Brewer , H. Mitchell Caldwell |
NO GIRL LEFT BEHIND: GIRLS COURTS AS A RESTORATIVE JUSTICE APPROACH TO HEALING |
52 Seton Hall Law Review 685 (2022) |
This Article examines the need for a gendered restorative justice approach to healing girls from the trauma, abuse, abandonment, addiction, violence, and misdirection that many of them have encountered because of the juvenile justice system's abandonment of its restorative justice roots and its failure to adequately account for gender distinctions... |
2022 |
| Bo Malin-Mayor |
PROCEDURALIZE STUDENT SPEECH |
131 Yale Law Journal 1880 (April, 2022) |
This Note proposes an important new dimension for student-speech jurisprudence: procedure. Current doctrine focuses on sorting the speech itself into categories, largely ignoring the school's response. But empirical evidence shows that how a school regulates speech determines whether students learn the lessons that schools intend or simply turn... |
2022 |
| Erin Weaver |
PROTECT AND SERVE: SHIFTING POLICE FROM SCHOOL HALLWAYS BACK TO THE STREETS |
39 Arizona Journal of International and Comparative Law 471 (2022) |
C1-2Table of Contents I. Introduction. 472 II. The Rise of School Resource Officer Use. 474 A. General Overview of School Resource Officer Use. 474 B. The United States. 476 1. History of School Resource Officers and the School-to-Prison Pipeline. 476 2. Regulation of School Resource Officers. 480 C. Canada. 485 1. History of School Resource... |
2022 |
| The Task Force 2.0 Juvenile Justice Subcommittee |
RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
57 Gonzaga Law Review 636 (2021/2022) |
C1-2Table of Contents Message from the Juvenile Justice Subcommittee. 638 Participating Organizations and Institutions. 640 Acknowledgments and Note on Process. 641 Definitions. 644 Executive Summary. 649 I. Youth-Centered Blueprint for Change. 654 II. The Overrepresentation of Youth of Color in the Juvenile Legal System Persists. 662 III. How Did... |
2022 |
| Kele M. Stewart |
RE-ENVISIONING CHILD WELL-BEING: DISMANTLING THE INEQUITABLE INTERSECTIONS AMONG CHILD WELFARE, JUVENILE JUSTICE, AND EDUCATION |
12 Columbia Journal of Race and Law 1 (June, 2022) |
I. Racialized Outcomes, Poverty and America's Hierarchy. 4 A. Racialized Youth Outcomes. 4 B. The Role of Poverty. 6 C. Hierarchies. 7 II. The Child Welfare, Education, and Juvenile Justice Systems. 8 A. The Family Regulation System. 9 B. The Juvenile Justice System. 14 C. The Education System. 16 III. The Compounding Effect of Interaction Between... |
2022 |
| Catherine A. Ward |
REEVALUATING SCHOOL POLICING |
108 Virginia Law Review Online 152 (April, 2022) |
School police, often referred to as school resource officers (SROs), contribute to a pattern called the school-to-prison pipeline, through which Black and brown children are diverted from classrooms and into the criminal justice system. In schools that employ SROs, SROs disproportionately search and discipline Black and brown students. This leads... |
2022 |
| Marbre Stahly-Butts , Amna A. Akbar |
REFORMS FOR RADICALS? AN ABOLITIONIST FRAMEWORK |
68 UCLA Law Review 1544 (February, 2022) |
This Article draws on prison abolitionist organizing, campaigns, and intellectual work around the country to offer a framework for thinking about radical reforms rooted in an abolitionist framework. A radical reform (1) shrinks the system doing harm; (2) relies on modes of political, economic, and social organization that contradict prevailing... |
2022 |
| Brandon Hasbrouck |
REIMAGINING PUBLIC SAFETY |
117 Northwestern University Law Review 685 (2022) |
Abstract--In the aftermath of George Floyd's murder, abolitionists were repeatedly asked to explain what they meant by abolish the police--the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists' secondary proposals, as interviewers quickly jettisoned the idea of literally... |
2022 |
| The Task Force 2.0 Juvenile Justice Subcommittee |
REPORT AND RECOMMENDATIONS TO ADDRESS RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
45 Seattle University Law Review 1025 (Spring, 2022) |
As the Editors-in Chief of Gonzaga Law Review and Seattle University Law Review, we represent the flagship legal academic publications of Washington's two Jesuit law schools. We are pleased to present this report as a joint publication and to highlight the important work of the Task Force 2.0 Juvenile Justice Subcommittee. Sincerely, Carly C.... |
2022 |
| Sherry Maria Tanious |
SCHOOLHOUSE PROPERTY |
131 Yale Law Journal 1641 (March, 2022) |
The Fifth and Fourteenth Amendments prohibit government actors from interfering with an individual's property without due process of law. Property interests protected by the Due Process Clause are created by subconstitutional sources of law, such as federal, state, or local statutes or regulations, that create reasonable expectations of an... |
2022 |
| Steve Calandrillo , Nolan Kobuke Anderson |
TERRIFIED BY TECHNOLOGY: HOW SYSTEMIC BIAS DISTORTS U.S. LEGAL AND REGULATORY RESPONSES TO EMERGING TECHNOLOGY |
2022 University of Illinois Law Review 597 (2022) |
Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less. --Marie Curie Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic... |
2022 |
| Najarian R. Peters |
THE GOLEM IN THE MACHINE: FERPA, DIRTY DATA, AND DIGITAL DISTORTION IN THE EDUCATION RECORD |
78 Washington and Lee Law Review 1991 (2022) |
Like its counterpart in the criminal justice system, dirty data--data that is inaccurate, incomplete, or misleading--in K-12 education records creates and catalyzes catastrophic life events. The presence of this data in any record suggests a lack of data integrity. The systemic problem of dirty data in education records means the data stewards of... |
2022 |
| The Honorable Jane Kelly |
THE POWER OF THE PRIOR CONVICTION |
97 New York University Law Review 902 (June, 2022) |
Introduction. 902 I. Use of Prior Convictions in Sentencing: Historical Perspective and Evolution. 906 II. Examining the Factors Underlying Prior Convictions. 913 A. Discretion and Bias in the Criminal Justice System. 915 B. Pipelines to the Criminal Justice System. 920 C. Collateral Consequences of Conviction. 925 Conclusion. 930 |
2022 |
| Kimberly Jade Norwood , Ronald Alan Norwood |
THE ROOT AND BRANCHES OF STRUCTURAL SCHOOL RACISM IN MISSOURI: A STORY OF FAILURE BY DESIGN AND THE ILLUSION AND HYPOCRISY OF SCHOOL CHOICE |
67 Washington University Journal of Law & Policy 293 (2022) |
Since Missouri was first admitted into the Union as a slave state, it has been hostile to the education of its Black residents. This Article examines the evolution of that hostility from 1821 through 2021 (from the most overt and blatant in the early years, to the subtler and covert in the modern era). Starting with the original total ban on the... |
2022 |
| Jon M. Garon |
TO BE SEEN BUT NOT HEARD: HOW THE INTERNET'S NEGATIVE IMPACT ON MINORS' CONSTITUTIONAL RIGHT TO PRIVACY, SPEECH, AND AUTONOMY CREATES A NEED FOR EMPATHY-BY-DESIGN |
73 Mercer Law Review 463 (Spring, 2022) |
This Article reviews the rights of individuals younger than eighteen to engage in their daily activities, now often mediated through online service providers, learning management systems, and other technological intermediaries. Unlike prior generations, modern adolescents must navigate the complex world of online society in addition to their family... |
2022 |
| Philip T.K. Daniel, J.D., Ed.D. , Jeffrey C. Sun, J.D., Ph.D. |
TWO CASES, TWO DIFFERENT FREEDOMS: STUDENT FREE SPEECH THROUGH SOCIAL MEDIA AND THE RIGHTS OF MINORITIZED STUDENTS |
27 Texas Journal on Civil Liberties & Civil Rights 179 (Spring, 2022) |
Introduction. 179 I. Balancing Student Free Speech And Maintaining Order In Schools. 183 II. The Limits Of Freedom On Minoritized Students. 186 III. When Language Is Considered A Threat. 190 A. Discerning An Actual Threat. 191 B. Applying The True Threat Inquiry To Bell. 196 IV. Evaluating Speech With A Liberating Systems Lens. 201 A. Accounting... |
2022 |
| Michael Swistara |
WHAT COMES AFTER DEFUND?: LESSONS FROM POLICE AND PRISON ABOLITION FOR THE ANIMAL MOVEMENT |
28 Animal Law 89 (2022) |
As the mass incarceration crisis skyrocketed, the animal protection movement adopted many of the mechanisms of the carceral state. Improving the status of animals was equated with pushing for lengthier sentences for those who caused harm to animals, placing more people into cages for longer periods of time. This disproportionally harmed Black,... |
2022 |
| Hannah Rogers |
"CAN I HAVE SOME PRIVACY?": A LOOK INTO THE UNFORTUNATE TRUTH OF PREGNANCY TESTS THROUGHOUT SPORTS AND THE NEGATIVE IMPACT ON FEMALE ATHLETES |
28 Jeffrey S. Moorad Sports Law Journal 171 (2021) |
Historically, employers have implemented drug tests to ensure employees are not under the influence of dangerous substances while they are at work. Due to the toll many drugs could take on workplace productivity and safety, courts generally uphold preemployment drug testing. Most notably, in 1989, the Supreme Court affirmed these traditional... |
2021 |
| Michael Heise, Jason P. Nance |
"DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS |
111 Journal of Criminal Law and Criminology 717 (Summer, 2021) |
Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... |
2021 |
| Alexandra B. Nagy |
"EQUAL PROTECTION CAN FOLLOW YOU TO THE BATHROOM:" THE ELEVENTH CIRCUIT'S DECISION IN ADAMS v. SCHOOL BOARD OF ST. JOHNS COUNTY |
30 Tulane Journal of Law & Sexuality 213 (2021) |
I. Overview. 213 II. Background. 214 A. Equal Protection and Classifications Based on Sex. 215 B. Title IX and Title VII. 219 III. Court's Decision. 220 IV. Analysis. 226 |
2021 |
| Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD |
"I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY |
25 U.C. Davis Social Justice Law Review 73 (Summer, 2021) |
I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... |
2021 |
| Tiffany Yang |
"SEND FREEDOM HOUSE!": A STUDY IN POLICE ABOLITION |
96 Washington Law Review 1067 (October, 2021) |
Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform,... |
2021 |
| David H. Gans |
"WE DO NOT WANT TO BE HUNTED": THE RIGHT TO BE SECURE AND OUR CONSTITUTIONAL STORY OF RACE AND POLICING |
11 Columbia Journal of Race and Law 239 (April, 2021) |
Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment's transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all, regardless of race. This Article... |
2021 |
| Suzannah Dowling |
(UN)DUE PROCESS: ADVERSARIAL CROSS-EXAMINATION IN TITLE IX ADJUDICATIONS |
73 Maine Law Review 123 (2021) |
Introduction I. Title IX and Campus Sexual Assault A. Title IX's Evolution to Cover Campus Sexual Assault B. Campus Sexual Assault 1. Underreporting of Sexual Assault II. Title IX, Due Process, and Cross-Examination A. The Office for Civil Rights and Title IX Enforcement: University Obligations 1. 2011 Dear Colleague Letter & 2014 Q&A: A... |
2021 |
| Nicolas Burnosky |
2-4-6-8, WHO DO WE APPRECIATE? THE THIRD CIRCUIT SCORES A TOUCHDOWN FOR STUDENT-ATHLETE FREE SPEECH RIGHTS |
28 Jeffrey S. Moorad Sports Law Journal 369 (2021) |
The First Amendment is a continuous source of conflict within the public school context. Schools wield vast discretionary authority to regulate student conduct. However, schools are not totally immune from the dictates of the First Amendment. Schools must comport with the First Amendment's commands, albeit in a limited way due to their unique... |
2021 |
| Kristin Rinehart Totten , Jacquelyn Babinski |
A FUNDAMENTAL RIGHT TO A QUALITY EDUCATION FOR ALL MICHIGAN CHILDREN |
100-FEB Michigan Bar Journal 38 (February, 2021) |
In Michigan, there are 834 school districts and public school academies, 56 intermediate school districts, and one state Department of Education (MDE). Amid a pandemic that has caused in-person instruction to take a back seat as schools close and reopen, the MDE has issued more than 100 guidance memos. Still, we are left with the most important... |
2021 |
| Andrew I. Lief |
A PROSECUTORIAL SOLUTION TO THE CRIMINALIZATION OF HOMELESSNESS |
169 University of Pennsylvania Law Review 1971 (June, 2021) |
Introduction. 1972 I. The Criminalization of Homelessness. 1975 A. An Overview of Antihomeless Laws. 1976 B. The Elements of Antihomeless Laws. 1978 II. Cruel and Unusual Status Crimes. 1979 A. Robinson and Powell: The Status-Act Distinction. 1979 B. Antihomeless Laws in Lower Federal Courts. 1982 III. A Mistaken Solution: The Eighth Amendment.... |
2021 |
| Megan Helton |
A TALE OF TWO CRISES: ASSESSING THE IMPACT OF EXCLUSIONARY SCHOOL POLICIES ON STUDENTS DURING A STATE OF EMERGENCY |
50 Journal of Law and Education 156 (Spring, 2021) |
Fifteen years ago, stories of men, women, and children fighting for their lives overwhelmed the headlines. With the click of the remote, living rooms across the United States filled with images of families who were stranded on roof tops and overpasses with no help insight. Some began the trek to the superdome, hoping to be met with government... |
2021 |
| |
ADA 30 SYMPOSIUM ISSUE |
45 Harbinger 1 (January 2, 2021) |
During September 2020, the NYU Disability Allied Law Students Association (DALSA) held a series of events in commemoration of the 30th anniversary of the Americans with Disabilities Act. The ADA prohibits discrimination against people with disabilities in employment, government programs, and public accommodations. It was unprecedented in its... |
2021 |
| Janet E. Neeley |
ADDRESSING SEXUAL ASSAULT IN CRIMINAL JUSTICE, HIGHER EDUCATION AND EMPLOYMENT: WHAT RESTORATIVE JUSTICE MEANS FOR SURVIVORS AND COMMUNITY ACCOUNTABILITY |
31-FALL Kansas Journal of Law & Public Policy 1 (Fall, 2021) |
The focus on the harm caused by sexual assault and harassment which began as a result of the #MeToo movement is long overdue. The liberating experience of hearing others speak out has sometimes enabled other survivors to do the same. But the same obstacles remain today that have long prevented many survivors from talking publicly about what... |
2021 |
| Lynn M. Daggett, J.D., Ph.D., (Education) , Smithmoore P. Myers Chair and Professor of Law, Gonzaga University School of Law |
ADMISSION OF EVIDENCE IN TITLE IX SEXUAL MISCONDUCT HEARINGS |
52 Seton Hall Law Review 1 (2021) |
New Title IX regulations mandate an adversarial school hearing to resolve formal Title IX complaints of sexual misconduct involving college students. The new regulations adopt an unprecedented approach to the admission of evidence in these hearings. In particular, schools can admit only statements, including medical reports and other documents, by... |
2021 |
| Frank D. LoMonte , Courtney Shannon |
ADMISSIONS AGAINST PINTEREST: THE FIRST AMENDMENT IMPLICATIONS OF REVIEWING COLLEGE APPLICANTS' SOCIAL MEDIA SPEECH |
49 Hofstra Law Review 773 (Spring, 2021) |
Archie is a straight-A, high school graduate with superlative standardized test scores and extracurricular activities--well in excess of the average credentials at his first-choice college, Riverdale State University. Betty, who works in Riverdale State's admissions office, is about to put Archie's application into the yes pile when she... |
2021 |