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School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara Fedders, Jason Langberg

Loyola of Los Angeles Law Review

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. Alabama—the “age matters” cases. In this Article, we argue that these holdings should be applied outside of the criminal justice system to support efforts to reform school discipline laws, policies, and practices. Specifically, we argue that the science and common sense relied upon in the “age matters” cases similarly support …