COMMENT: From Mainstreaming to Marginalization?— IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Kerrigan O’Malley *

Some judicial opinions are so iconic in their sentiment and pervasive in their reach as to become imprinted on the nation’s collective conscience. Such is the case with these words from Chief Justice Warren in the Supreme Court’s 1954 Brown v. Board of Education decision, holding that racially segregated educational facilities violate an individual‘s rights under the Fourteenth Amendment‘s Equal Protection Clause. In the broader context, these words represent an enduring aspiration that continues to inform policy and signals the need for course correction when legal or judicial discourse strays from equality principles.

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Restorative Practices: Righting the Wrongs of Exclusionary School Disclipline

Marilyn Armour *

Schools are beset with complex challenges in their efforts to educate students. The tough policies created to ensure safe learn-ing environments appear to be increasingly ineffective, generating racial disproportionality in discipline, academic failure, high dropout rates, and a clear school-to-prison pipeline. The drive to meet the standards on state or national tests have generated pressure-cooker classrooms with little time for students who need more attention or for addressing students‘ emotional or social needs. A growing number of sources suggest that some of these conditions are exacerbated by a lack of teacher preparation in student management, lack of training in culturally competent practices, and gaps in familiarity between students and teachers that reinforce okay-racial stereotypes. Much of this fallout predictably and disproportionately affects economically disadvantaged African American and Hispanic students.

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Sexualization, Sex Discrimination, and Public School Dress Codes

Meredith Johnson Harbach *

If you follow social media, you may have noticed the rash of reporting on battles over public school dress codes and their effects on and implications for girls. Complaints have been registered across the country, including here in Virginia. For example, in September 2014 at the Maggie Walker Governor’s School, administrators announced over the PA system that school officials would be performing a shorts-length spot check. Any girls found to be in violation of the rule would be forced to change; if ten girls broke the rule, all girls would be banned from wearing shorts for a day.

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Over-Disciplining Students, Racial Bias, and the School-to-Prison Pipeline

Jason P. Nance *

Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children for disruptive behavior. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules. For example, from the 1972–73 school year to the 2009–10 school year, the number of students expelled or suspended from secondary schools increased from one in thirteen to one in nine. Between 1974 and 2012, the number of out-of-school suspensions increased nationally from 1.7 million to 3.45 million. There is also substantial evidence that referrals to law enforcement and school-based arrests have significantly in-creased in recent years.

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Equity in American Education: The Intersection of Race, Class, and Education

Pamela J. Meanes *

A fourteen-year-old Henrico County girl faces assault and battery charges because she threw a baby carrot at one of her former teachers. School disciplinary documents allege the baby carrot was used as a weapon. A Huron High School student threatens to do ?chopper rounds? in his hallway. An Ames, Iowa middle school student brings a BB gun to school. A sixteen-year-old Minnesota Harding High School student told St. Paul police that he brought a loaded gun to class to protect himself from a gang.

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“But I Know It When I See It”: Natural Law and Formalism

W. H. Bryson *

Professor Helmholz writes with knowledge and authority on the use of natural law in the courts of law in early modern Europe, England, and the United States. This necessarily includes a discussion of the teaching of natural law to the students who would in due course practice in those courts and sit on those benches.[1] It is apparent that natural law was not taught in the schools of law systematically, as it was in the schools of philosophy and theology.

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Reform Virginia’s Civil Asset Forfeiture Laws to Remove the Profit Incentive and Curtail the Abuse of Power

Rob Poggenklass *

In November 2011, a trooper from the Virginia State Police pulled over a car on Interstate 95 near Emporia, Virginia, for traffic violations.[2] The trooper, who alleged that the driver was both traveling 86 mph in a 70 mph zone and following another vehicle too closely, never issued a citation or pressed charges against either of the two men inside the car.[3] Instead, the trooper seized $28,500 in cash.[4] Lawyers for Victor Guzman, the passenger in the car, had to convince a U.S. Attorney that the money consisted of cash donations to help build a church in El Salvador.[5] Guzman and his brother-in-law, the driver, were transporting the funds to Atlanta at the church’s request when the trooper stopped them.[6] The trooper had not accepted their attempts to explain the situation, in part because they said—honestly and accurately—that the money was not their own. Four months later, in March 2012, federal immigration authorities finally cut a $28,500 check to the church, returning the money seized by state police.[7]

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Glimpses of Marshall in the Military

Kevin C. Walsh *

Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State.[1] He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall had been serving his state and his country for a quarter century before he took judicial office.

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Practical Tips for Placing and Publishing Your First Law Review Article

Robert Luther III *

Many law reviews are only open to the top 10% of the class or to students who excel in a writing competition.[1] While a high percentage of law schools now have at least one journal in addition to the law review, the reality is that well over half of the students enrolled in law school today do not have the opportunity to serve as a law review or journal staff member. Without that experience, those students-turned-lawyers who wish to publish legal scholarship after graduation are left in the dark about where to begin the process. I was one of those individuals, but over the last eight years, I have regularly published legal scholarship. Recently, my former students and other young attorneys have started asking me for advice. This essay—directed at emerging scholars who seek to publish their scholarship shortly after entering the legal profession—is a compilation of the advice I have shared.

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Foreword: A Golden Anniversary

Thomas DiStanislao, III *

Ann Elizabeth Reid **

This year, the University of Richmond Law Review observes its Golden Anniversary with the publication of its fiftieth volume. We take this opportunity to look back over our journal’s history, to celebrate its many successes, and to honor and thank all those who have contributed to both the evolution and the survival of this Law Review over the last several decades.

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