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Full-Text Articles in Law

The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil Jan 2021

The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil

Faculty Publications & Other Works

This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …


Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet Jan 2020

Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet

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Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance--for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school--an institution conceived primarily for the …


Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson Jan 2019

Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson

Faculty Publications & Other Works

Over the past decade, there has been increasing national, state, and local attention focused on the negative impacts of school expulsion and suspension. As a result of the well-documented and long-standing research showing the harm to students of exclusionary school discipline practices, states and school districts have begun reforming their policies and practices to limit the use of suspensions and expulsions. Many of these new reforms, however, have not included changes to provisions in state law and district policies allowing for students to be transferred from their neighborhood schools to alternative schools for disciplinary reasons. In this article, we argue …


‘We Can't Tolerate That Behavior In This School!’: The Consequences Of Excluding Children With Behavioral Health Conditions And The Limits Of The Law, Kate Mitchell Jan 2017

‘We Can't Tolerate That Behavior In This School!’: The Consequences Of Excluding Children With Behavioral Health Conditions And The Limits Of The Law, Kate Mitchell

Faculty Publications & Other Works

The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of children's behavioral challenges and failures by schools to implement appropriate behavioral supports and interventions, results in the isolation and segregation of some of the most vulnerable students. Research has clearly established that these exclusionary practices are ineffective both in addressing behavioral challenges and in keeping schools safer. In fact, disciplinary removals result in lost educational opportunities, increased dropout risk, criminal …


Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson, Pamela A. Fenning Jan 2016

Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson, Pamela A. Fenning

Faculty Publications & Other Works

No abstract provided.


Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy., Michael J. Kaufman Jan 2007

Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Constitutional De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

Constitutional De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Pics In Focus: A Majority Of The Supreme Court Reaffirms The Constitutionality Of Race-Conscious School Integration Strategies., Michael J. Kaufman Jan 2007

Pics In Focus: A Majority Of The Supreme Court Reaffirms The Constitutionality Of Race-Conscious School Integration Strategies., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Faculty Publications & Other Works

In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational strategy …


Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman Jan 2005

Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael Jan 2005

Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael

Faculty Publications & Other Works

No abstract provided.


Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg Jan 2004

Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg

Faculty Publications & Other Works

No abstract provided.


Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams Jan 2004

Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams

Faculty Publications & Other Works

No abstract provided.