Category Archives: Children

Article: Racial Subjugation by Another Name? Using the Links in the School-to-Prison Pipeline to Reassess State Takeover District Performance

Article: Steven L. Nelson, Racial Subjugation by Another Name? Using the Links in the School-to-Prison Pipeline to Reassess State Takeover District Performance, 9 Geo. J. L. & Mod. Crit. Race Persp. (2017).

The state takeover of locally governed schools in predominately black communities has not disrupted the racial subjugation of black people in the United States. Using proportional analyses and the cities of Detroit, Memphis, and New Orleans as sites, the researcher finds that state takeover districts have not consistently disrupted the school-to-prison pipeline for black students in urban settings. Furthermore, the researcher found little evidence that would support broader and more intentional efforts to combat the over disciplining of black students in the United States Department of Education’s proposed rules for implementing the Every Student Succeeds Act, the most recent reauthorization of the Elementary and Secondary Education Act. In fact, the legislation perpetuates strategies that have aided the creation of the school-to-prison pipeline and supplies only strong recommendations to replace strategies that have compounded the harm of the school-to-prison pipeline. This finding is important in the context of education reform, particularly as researchers begin to question the motives and results of contemporary education reform. Moreover, this work is important to the current scholarly discussions that consider the many civil rights that black communities are required to exchange for the prospect of better schools.

Symposium Issue: “The School to Prison Pipeline” – Ariz. St. L.J. 2016

Symposium Issue: “The School to Prison Pipeline” – Ariz. St. L.J. 2016.

Tiffani Darden, Exploring the spectrum: how the law may advance a social movement, 48 Ariz. St. L.J. 261 (2016).

Laura R. McNeal, Managing our blind spot: the role of bias in the school-to-prison pipeline, 48 Ariz. St. L.J. 285 (2016).

Jason P. Nance, Dismantling the school-to-prison pipeline: tools for change, 48 Ariz. St. L.J. 313 (2016).

Claire Raj, The misidentification of children with disabilities: a harm with no foul, 48 Ariz. St. L.J. 373 (2016).

News Article: Supply-Side Economics, but for Liberals

News Article: Neil Irwin, Supply-Side Economics, but for Liberals, N.Y. Times (Apr. 15, 2017).

 

Article: Every Dollar Counts: In Defense of the Obama Department of Education’s “Supplement Not Supplant” Proposal

New Article: “Black Boys Matter: Developmental Equality”

New Article: Nancy E. Dowd, Black Boys Matter: Developmental Equality, 45 Hofstra L. Rev. 47 (2016).  Abstract below:

The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities.

The life course of Black boys is the basis for two groundbreaking contributions. First, the Article proposes a model, the developmental equality model, to achieve children’s equality. It takes developmental scholarship centered on analysis of the experience of children of color and other “outsider” groups of children and proposes it as a critical addition to the law’s use of development as an interpretive lens or rule of decision. Rather than imagining a child without race, gender, or class when those identities so powerfully affect development, I argue identities, and their intersectionalities, must be central to the developmental model. Most importantly, this race-conscious developmental scholarship must be fused with equality principles to address structural discrimination responsible for children’s inequalities. My developmental equality model brings this critical perspective to law, as a way to meaningfully confront state action that challenges or blocks children, and as a basis to require support for all children’s developmental opportunities.

The second critical contribution of the Article is its application of the developmental equality model to the life course of Black boys from birth to age 18. The article summarizes a comprehensive interdisciplinary collection of social science literature on the development of Black boys. The developmental equality model is tested against this data; and the model suggests where policy and litigation should focus to dismantle systemic discrimination that blocks opportunity for Black boys. The data on Black boys is critical because Black boys matter. But the data is also important because it exposes inequalities that affect all children at the bottom of hierarchies among children. This example therefore serves to expose and deal with all children’s inequalities.

The synergy between these two pathbreaking contributions provides the basis for the usefulness of the developmental equality model to achieve real, substantive equality. The final section of the article sketches the potential use of the model to advance litigation and policy strategies.

News Article: Immigrants are going hungry so Trump won’t deport them

News Article: Caitlin Dewey, Immigrants are going hungry so Trump won’t deport them, Washington Post (Mar. 16, 2017).

Note: The Misguided Appeal of a Minimally Adequate Education

Note: The Misguided Appeal of a Minimally Adequate Education, 130 Harv. L. Rev. 1458 (2017).

Article: Giving Vulnerable Students Their Due: Implementing Due Process Protections for Students Referred from Schools to the Justice System

Article: Meredith S. Simons, Giving Vulnerable Students Their Due: Implementing Due Process Protections for Students Referred from Schools to the Justice System,  66 Duke L.J. 943 (2017).

There are two primary ways that schools can funnel children into the “school-to-prison pipeline.” The first is by simply removing children from school via expulsions and suspensions, which increase students’ chances of dropping out and getting in trouble with the law. The Supreme Court, recognizing the serious consequences of being forced out of school, has held that expulsions and long-term suspensions constitute deprivations of students’ property interest in their educations and liberty interest in their reputations. Thus, schools seeking to expel or suspend students must provide them with basic due process protections. But schools can also refer students directly to the justice system by having police officers arrest students or issue citations at school. Under current law, these students are not entitled to any due process protections at the point of arrest or referral.

This Note argues that the absence of due process protections for students who are arrested or referred to the justice system at school is incompatible with the Supreme Court’s procedural due process jurisprudence in general and its decision in Goss v. Lopez in particular. The same property and liberty interests that the Court identified as worthy of protection in Goss are implicated by in-school arrests and referrals. Therefore, school administrators who intend to have a child arrested or referred to the justice system should be required to provide students with oral notice of the accusation against them and an opportunity to respond. After an arrest or referral, the school should provide students and their parents with written notice of the arrest or referral and the rationale for the action. These measures will not unduly burden administrators or schools, but they will provide meaningful protections for students.

News Article: Trump Budget Proposal Reflects Working-Class Resentment of the Poor

News Article: Eduardo Porter, Trump Budget Proposal Reflects Working-Class Resentment of the Poor, N.Y. Times (Mar. 7, 2017).

New Article: “Evolving Contours of Immigration Federalism: The Case of Migrant Children”

New Article: Elizabeth Keyes, Evolving Contours of Immigration Federalism: The Case of Migrant Children, 19 Harv. Latino L. Rev. 33 (2016).