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
Melissa D. Carter AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE: WHY CHILDREN'S LAWYERS MUST CHAMPION PREVENTIVE LEGAL ADVOCACY 42 Children's Legal Rights Journal 1 (2021) The time for prevention in child welfare finally seems to have arrived. More than two decades ago, research documenting the effects of child abuse, neglect and family adversity on adult health and well-being furthered understanding about the ways in which adversity and toxic stress experienced in childhood relate to poor outcomes and highlight the... 2021
Robyn M. Powell, PhD, JD APPLYING THE HEALTH JUSTICE FRAMEWORK TO ADDRESS HEALTH AND HEALTH CARE INEQUITIES EXPERIENCED BY PEOPLE WITH DISABILITIES DURING AND AFTER COVID-19 96 Washington Law Review 93 (March, 2021) The COVID-19 pandemic has been especially devastating for people with disabilities, as well as other socially marginalized communities. Indeed, an emerging body of scholarship has revealed that people with disabilities are experiencing striking disparities. In particular, scholars have shined a light on state and hospital triage policies... 2021
Addie C. Rolnick ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION 11 Columbia Journal of Race and Law 811 (July, 2021) A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... 2021
Cynthia Alkon BARGAINING WITHOUT BIAS 73 Rutgers University Law Review 1337 (Summer, 2021) C1-2Table of Contents Introduction. 1338 I. Plea Bargaining is Largely Unsupervised. 1340 A. The Process of Plea Bargaining. 1342 B. Limits on Prosecutorial Power in Plea Bargaining. 1343 II. Racial Disparities are Exacerbated in Plea Bargaining. 1344 III. The Importance, and Possible Bias, of the First Offer. 1347 IV. Possible Fixes: Structural... 2021
Alexis Hoag BLACK ON BLACK REPRESENTATION 96 New York University Law Review 1493 (November, 2021) When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... 2021
Jordan Martin BREONNA TAYLOR: TRANSFORMING A HASHTAG INTO DEFUNDING THE POLICE 111 Journal of Criminal Law and Criminology 995 (Fall, 2021) How can modern policing be reformed to address police violence against Black women when it can occur at no fault of their own and end with a shower of bullets in the middle of the night while within the sanctity of their own home? What is accomplished when her name is said but justice is never achieved? What good does it do when her story is... 2021
Nancy A. Welsh BUT IS IT GOOD: THE NEED TO MEASURE, ASSESS, AND REPORT ON COURT-CONNECTED ADR 22 Cardozo Journal of Conflict Resolution 427 (Spring, 2021) We know that very few civil matters reach disposition through trial--but what do we really know about how civil cases do reach disposition? What number of civil cases reach disposition through settlement? What number of civil cases reach settlement through court-connected alternative dispute resolution (ADR)? Do we know enough about the results... 2021
Frank D. LoMonte CENSORSHIP MAKES THE SCHOOL LOOK BAD: WHY COURTS AND EDUCATORS MUST EMBRACE THE "PASSIONATE CONVERSATION" 65 Washington University Journal of Law & Policy 91 (2021) This Article analyzes the Supreme Court's decision in Hazelwood School District v. Kuhlmeiex. The Court held that students have no freedom to choose the content of school-sponsored newspapers or other curricular vehicles, so long as the justification for censorship is reasonably related to legitimate pedagogical concerns. LoMonte argues the Court... 2021
Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION 41 Children's Legal Rights Journal 1 (2021) For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... 2021
Naomi Mann CLASSROOMS INTO COURTROOMS 59 Houston Law Review 363 (Fall, 2021) The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... 2021
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