Friday, February 10, 2017

Scholarship: Tinker in the Digital Age; Restorative Justice's Transformation in Education

When Words Are the Weapons: Using Tinker, Bell, and Premises Liability to Keep Schools Safe in a Digital Age

Bethany Poppelreiter, a former special education teacher and current law student, writes on "balancing off-campus student speech with the problems it can cause on campus." Part of the article's abstract is below; the article is available on ssrn here.

This Article suggests for the first time that much of the confusion can be eliminated by utilizing a framework for analyzing off-campus student speech based on the well-rooted doctrine of premises liability coupled with relevant portions of Tinker and Bell. This approach calls for an emphasis based on the identity of the speech target. Such an approach not only ensures essential protections to student speech, but also safeguards the institution of education through protecting the most important aspects of the school environment: teachers and students.

Restorative Justice from the Margins to the Center: The Emergence of a New Norm in School Discipline

Thalia Gonzalez has posted an article on the transformation of restorative justice in school discipline. An excerpt of the introduction is below, and the article is available on ssrn here

[I]f restorative justice was once characterized as highly localized and aimed at addressing specific behavioral issues, this construction has transformed. Restorative justice is now understood as a philosophy and practice shown not only to address disproportionality in discipline and dismantle zero tolerance, but as importantly to, “create a climate that promotes healthy relationships, develops social-emotional understanding and skills, increases social and human capital, and enhances teaching and learning.” Thus, the purpose of this Article is two-fold: (1) to characterize how restorative justice has moved from the margins of education policy to the center, and (2) to explore the emergence and cascade of restorative justice though the norm life cycle as understood through the lens of theories of normative change.

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