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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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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The Restorative Workplace: An Organizational Learning Approach to Discrimination

Deborah Thompson Eisenberg *

As Title VII of the Civil Rights Act of 1964 turns fifty,[1] many employers continue to search for effective ways to integrate its rights-based antidiscrimination mandates into the practical realities of managing an organization. Title VII and related laws[2] have two core purposes. The “primary objective” is an antidiscrimination or egalitarian goal: “to achieve equality of employment opportunities and remove” discriminatory barriers in the workplace.[3] In the words of one federal court, Title VII aimed “to liberate the workplace from the demeaning influence of discrimination, and thereby to implement the goals of human dignity and economic equality in employment.”[4]

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A New Proposal to Address Local Voting Discrimination

Cody Gray *

Lorna Francis is an African American woman who lives in Conyers, Georgia, a quiet city southeast of Atlanta.[1] She is a hairdresser and single mother, and has little time for anything else.[2] Politics is something of an afterthought for Lorna: “Life’s been busy—I’ve been trying to make that money.”[3] So she was not surprised to learn she had missed the most recent mayoral election: “[H]onestly, I only vote in major elections.”[4]

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Binding the Enforcers: The Administrative Law Struggle behind President Obama’s Immigration Actions

Michael Kagan *

President Obama has made executive action and prosecutorial discretion his signature contributions to immigration policy. His aim has been to focus enforcement against immigrants caught at the border or with criminal records while easing the path toward integration for others.[1] These actions—a collection of policies that use discretion to improve the legal standing of millions of unauthorized immigrants or at least shield them from arrest and deportation—may benefit as many as 87% of the unauthorized immigrants in the United States.[2]

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Protest is Different

Jessica L. West *

Sometimes dramatic, sometimes mundane, acts of civil disobedience bring attention to issues that have recently included climate change, policing, and high school closings. In the United States, we are surrounded by protest. The stories of these protests capture deep aspects of the human experience and our relationship to government power. These stories often involve a confrontation between the protester and the law. Popular media is full of stories of protesters who have stepped over the law: the news article regarding a nun who served seven years in federal prison for pouring a vial of human blood on a Trident missile silo; the movie about an environmental protester who broke up a federal lease auction; the business journal report on the $20 million cost to the city of Baltimore for the police overtime and cleanup as a result of protests.

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2015 Annual Survey: Bankruptcy Law

The Honorable Kevin R. Huennekens *

Nathan Kramer **

This survey of bankruptcy and insolvency case law is the third installment in this series, which was initiated in 2009[1] following Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) in 2005.[2] The previous version of this article was published in 2012,[3] not long after the Supreme Court’s 2011 ruling in Stern v. Marshall, which restricted the authority of bankruptcy courts to issue final judgments on issues arising under state law.[4] As was noted in the 2012 installment, “[t]he full impact of Stern both nationally and in the Fourth Circuit remains to be seen.”[5] There has been a significant amount of development concerning Stern claims both nationally and within the Fourth Circuit in the past three years.[6] It is fitting that this installment should come on the heels of the Supreme Court’s decision in Wellness International Network, Ltd. v. Sharif, which has resolved many of the issues posed by Stern, at least for the time being.[7] More generally, the Supreme Court has decided an abnormally large number of bankruptcy cases in the past few years.

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