The important role of education in America is evidenced in compulsory school attendance laws ensh... more The important role of education in America is evidenced in compulsory school attendance laws enshrined in state constitutions and codes; it is made apparent in the vigorous and often heated debate over education reform at the state and national level; and it is endorsed in the powerful rhetoric of our highest court. However, something has gone terribly wrong in the American system of public education. Two systems of public education have emerged—one for the privileged and one for the poor. Under this paradigm, education equity, the promise of Brown v. Board of Education, remains unfulfilled. For the privileged, who are wealthy and mostly white, public education works just fine. Students graduate with the knowledge, ability, and ambition to achieve success across multiple domains. The poor, who are mostly urban and from historically oppressed groups, not only live in the ghetto of life but are also receiving a ghetto education. The pervasiveness of ghetto education is especially trou...
This article focuses on one aspect of school disciplinary enforcement: the search and seizure of ... more This article focuses on one aspect of school disciplinary enforcement: the search and seizure of students and their property while at school. School search and seizure policy is important because it is not an area of the law that has been frequently examined by legal scholars in the context of youth development. Youth development is becoming part of the discussion around juvenile justice reform with regard to culpability and sentencing, Eighth Amendment issues involving the constitutionality of death or life without parole sentences for juveniles, and in the Fifth Amendment context. However, little has been said about how the scientific and psychological research that is used to support these arguments could be applied to Fourth Amendment jurisprudence. This article is the first in a trilogy of projects that will explore how the school environment effects youth development and identity. Beginning with this article, I advance a theory of juvenile rights that accounts for adolescent d...
Page 1. Electronic copy available at: http://ssrn.com/abstract=1652971 LEGAL STUDIES RESEARCH PAP... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1652971 LEGAL STUDIES RESEARCH PAPER SERIES PAPER NO. 10-08-02 August 4, 2010 Countering Criminalization: Toward a Youth Development Approach to School Searches by ...
The denial of a decent education is a serious matter. Access to education is one of the hallmarks... more The denial of a decent education is a serious matter. Access to education is one of the hallmarks a free society and a core value of Western democracy. From the beginning of the American republic, notions of freedom and public education have been closely linked and have defined the American people’s connection to lofty constitutional norms. It is an equalizing force that dwells in the heart of the American Dream. However, something has gone terribly wrong in the American system of public education. Instead of citizen education, students receive something so impoverished, so devoid of substance and soul that I have termed it “ghetto education.” Students receiving a ghetto education are treated as threats to public safety the minute they walk through the metal detector at the school house door. It creates second class citizens, undereducated at best and illiterate at worst. A ghetto education is more than just the denial of a decent education. It is also includes a unique sense of dem...
The important role of education in America is evidenced in compulsory school attendance laws ensh... more The important role of education in America is evidenced in compulsory school attendance laws enshrined in state constitutions and codes; it is made apparent in the vigorous and often heated debate over education reform at the state and national level; and it is endorsed in the powerful rhetoric of our highest court. However, something has gone terribly wrong in the American system of public education. Two systems of public education have emerged—one for the privileged and one for the poor. Under this paradigm, education equity, the promise of Brown v. Board of Education, remains unfulfilled. For the privileged, who are wealthy and mostly white, public education works just fine. Students graduate with the knowledge, ability, and ambition to achieve success across multiple domains. The poor, who are mostly urban and from historically oppressed groups, not only live in the ghetto of life but are also receiving a ghetto education. The pervasiveness of ghetto education is especially trou...
This article focuses on one aspect of school disciplinary enforcement: the search and seizure of ... more This article focuses on one aspect of school disciplinary enforcement: the search and seizure of students and their property while at school. School search and seizure policy is important because it is not an area of the law that has been frequently examined by legal scholars in the context of youth development. Youth development is becoming part of the discussion around juvenile justice reform with regard to culpability and sentencing, Eighth Amendment issues involving the constitutionality of death or life without parole sentences for juveniles, and in the Fifth Amendment context. However, little has been said about how the scientific and psychological research that is used to support these arguments could be applied to Fourth Amendment jurisprudence. This article is the first in a trilogy of projects that will explore how the school environment effects youth development and identity. Beginning with this article, I advance a theory of juvenile rights that accounts for adolescent d...
Page 1. Electronic copy available at: http://ssrn.com/abstract=1652971 LEGAL STUDIES RESEARCH PAP... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1652971 LEGAL STUDIES RESEARCH PAPER SERIES PAPER NO. 10-08-02 August 4, 2010 Countering Criminalization: Toward a Youth Development Approach to School Searches by ...
The denial of a decent education is a serious matter. Access to education is one of the hallmarks... more The denial of a decent education is a serious matter. Access to education is one of the hallmarks a free society and a core value of Western democracy. From the beginning of the American republic, notions of freedom and public education have been closely linked and have defined the American people’s connection to lofty constitutional norms. It is an equalizing force that dwells in the heart of the American Dream. However, something has gone terribly wrong in the American system of public education. Instead of citizen education, students receive something so impoverished, so devoid of substance and soul that I have termed it “ghetto education.” Students receiving a ghetto education are treated as threats to public safety the minute they walk through the metal detector at the school house door. It creates second class citizens, undereducated at best and illiterate at worst. A ghetto education is more than just the denial of a decent education. It is also includes a unique sense of dem...
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