Tuesday, May 28, 2013
Chauncee D. Smith (Fordham University School of Law) has posted Deconstructing the Pipeline: Evaluating School-to-Prison Pipeline Equal Protection Cases Through a Structural Racism Framework on SSRN. Here is the abstract:
This article posits that a wide range of U.S. education and criminal justice policies and practices -- such as zero tolerance regimes, academic sorting, and school district financing methods -- collectively result in students of color being disparately pushed out of school and into prison. Vast empirical and qualitative research indicates that this dynamic process, known as the "school-to-prison pipeline", wreaks havoc upon today's minority population. Both anti-pipeline legal scholarship and equal protection case law tend to examine school-to-prison pipeline problems through an isolated, or perhaps overly-restricted, lens which inhibits the development of a jurisprudence that allows the pipeline's systemic invidiousness to meaningfully redressed. This article attempts to advance normative viewpoints and legal doctrine by deconstructing the pipeline through a structural racism framework.