Law Commons^™

Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson

Journal of Civil Rights and Economic Development

(Abstract)

In this critical, conceptual essay, the author argues that the School-to-Prison Pipeline (“STPP”) simply does not exist. Long before Columbine and the enactment of zero tolerance, caregivers have been wrongly harming their children, something causing them toxic stress that triggers their stress-response system, and making it nigh impossible for children easily ensnared by suspensions, expulsions, referrals to alternative schools, and SRO arrests to have the best developmental start and cognitive abilities to succeed in public schools. Further, teachers and administrators who are pressured to report great educational metrics, and for their own childhood reasons have a near inflexible need …

Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala

Journal of Civil Rights and Economic Development

(Excerpt)

Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-Prison Pipeline is a troubling phenomenon in which students are suspended, expelled or even arrested for minor offenses instead of being sent simply to an administrator’s office. Often, these students have backgrounds of poverty, abuse, neglect, and may even have learning disabilities. Instead of being offered counseling, “unruly” …

Complexity In The Determination Of Child Abuse: A Statistical And Rights Based Approach, Yvonne M. Vissing, Phd, Quixada Moore-Vissing, Phd, Leah Salloway, Abd

Journal of Civil Rights and Economic Development

(Excerpt)

Every year more than 3.6 million referrals are made to child protection agencies, which involve more than 6.6 million children. A determination of child abuse is a complex process for both courts and child protective service workers. When an allegation of suspected child abuse is made findings may, or may not, lead to court action. Courts rely upon accurate determinations of abuse. While some cases are clear-cut, many are not. The lack of clear-cut data and legal findings, however, does not dissuade the press and public from making determinations of whether children are being adequately protected, and whether parents …

Against Lgbt Exceptionalism In Religious Exemptions From Antidiscrimination Obligations, Carlos A. Ball

Journal of Civil Rights and Economic Development

(Excerpt)

In my estimation, Tebbe is correct that contested legal and policy questions arising from the intersection of religious freedom and equality principles demand difficult normative work. But, after reading the book, I am not sure he realizes the extent to which his social coherence approach is historically driven. Whether through analogies from concrete, past cases or by abstracting normative principles from past cases, Tebbe is essentially looking at how the country has, in the past, accommodated religious freedom in the pursuit of other objectives to guide us through current religious liberty controversies involving LGBT rights and reproductive freedom.

Religious Freedom In An Egalitarian Age: Rejecting Doctrinal Nihilism In The Adjudication Of Religious Claims, Laura S. Underkuffler

Journal of Civil Rights and Economic Development

(Excerpt)

Tebbe’s argument proceeds along two separate tracks. First, he rejects the arguments of academic skeptics and others that these conflicts are by nature something that is not amenable to the judicial task. Rather, he argues, conflicts between religious freedom and civil rights can be worked through by courts, using what he calls a “social coherence” approach. This does not, of itself, “pretend to determine unique answers to pressing substantive questions”; but it establishes a way to generate reasoned conclusions that are intrinsically superior to the ad hockery or nihilistic approach that skeptics assume.

Next, Tebbe combines this approach with …

In (Partial) Praise Of (Some) Compromise: Comments On Tebbe, Chad Flanders

Journal of Civil Rights and Economic Development

(Excerpt)

There are four very brief sections to my comment on Tebbe’s book. The first suggests some skepticism about social coherentism, and its hope to provide a neutral method for adjudicating disputes. I apply this skepticism in the second part to Tebbe’s discussion of what counts as “harm” and how to measure it. The third and fourth parts deal with my favored way of dealing with our deep disagreements and compromises when it comes to associations and employment. I should add here that nothing I say is meant to take away from Tebbe’s achievement in his book. The writing is …

Tebbe And Reflective Equilibrium, Andrew Koppelman

Journal of Civil Rights and Economic Development

(Excerpt)

The basic method of Nelson Tebbe’s fine book, “Religious Freedom in an Egalitarian Age,” is what John Rawls called “reflective equilibrium”. Rawls famously proposed a theory of justice that aimed to be “strictly deductive.” His deductions, however, take place within a larger account of justification that he calls “reflective equilibrium,” in which we try to bring our considered moral judgments into line with our more general principles. “A conception of justice cannot be deduced from selfevident premises or conditions on principles; instead, its justification is the matter of the mutual support of many considerations, of everything fitting together into …

What Is The "Social" In "Social Coherence?" Commentary On Nelson Tebbe's Religious Freedom In An Egalitarian Age, Patricia Marino

Journal of Civil Rights and Economic Development

(Excerpt)

It is my pleasure to comment on Nelson Tebbe’s deep and engaging book. In addition to its careful legal analysis, Religious Freedom in an Egalitarian Age bears on important philosophical issues concerning values, moral reasoning and the justification of evaluative beliefs. I find these issues especially interesting because I’ve engaged with some of them myself. Methodologically, Religious Freedom in an Egalitarian Age makes use of a concept of social coherence, and my work also considers questions of how coherence functions in evaluative contexts. What does it mean for our value judgments to fit together in an appropriate way? How …

Attempting To Engage In Socially Coherent Dialogue About Religious Liberty And Equality, Alan Brownstein

Journal of Civil Rights and Economic Development

(Excerpt)

Most book reviews reflect the reviewer’s final conclusions about the author’s finished work. This review is more of a snapshot of the lengthy dialogue I have been engaged in for several months with Nelson Tebbe, the author of the book being reviewed. The symposium conference organized by the St. John’s Journal of Civil Rights and Economic Development in September 2016, invited several church-state scholars to comment on a draft manuscript of Nelson Tebbe’s forthcoming book, Religious Freedom in an Egalitarian Age. However, the book was not fully completed when this multi-participant dialogue began.

Reply: Conscience And Equality, Nelson Tebbe

Journal of Civil Rights and Economic Development

(Excerpt)

In this Reply, I explore some larger questions that have been prompted by the book but that fell outside its focus on the interaction between religious freedom and civil rights law. Spurred by the responses, but also independent of them, I examine the implications of my arguments for an egalitarian theory of the First Amendment. Though it is of course impossible to fully develop such a vision in this Reply, there is room to begin that work. Along the way, I answer some of the more pointed questions posed in these six responses.

Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq.

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the historical evolution of how Title IX came to incorporate sexual violent crimes on colleges and universities. Moreover, Part I defends the existence of Title IX. Specifically, it evaluates the value of the “Dear Colleague” letter (“the Letter”), which outlines the procedures and responsibilities of educational institutions to protect students and enforce a discrimination-free (specifically sexual violence free) environment on campuses. Part I concludes by discussing sanctions imposed on schools for non-compliance of Title IX procedures and thus, the limited success of Title IX on campuses.

Part II briefly discusses critiques of Title …

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …