COULD THE STATE TAKEOVER OF PUBLIC SCHOOLS CREATE A STATE-CREATED DANGER?: THEORIZING AT THE INTERSECTION OF STATE TAKEOVER DISTRICTS, THE SCHOOL-TO-PRISON PIPELINE, AND RACIAL OPPRESSION

This Article provides both a legal and empirical analysis, and it proceeds in eleven parts. Part II of this Article conceptualizes the State-Created Danger Doctrine. Part III discusses the school-to-prison pipeline and its impact on Black students, specifically Black boys. Part IV of this Article co...

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Bibliographic Details
Published inNational Black law journal Vol. 27; no. 1; pp. 1 - 58
Main Author Nelson, Steven L
Format Journal Article
LanguageEnglish
Published Los Angeles University of California, Los Angeles, School of Law 01.01.2018
Subjects
Discipline
Education policy
Education reform
Federal court decisions
Prison reform
Prisons
Public schools
Race
School boards
School districts
United States > US
Detroit Michigan
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Summary:This Article provides both a legal and empirical analysis, and it proceeds in eleven parts. Part II of this Article conceptualizes the State-Created Danger Doctrine. Part III discusses the school-to-prison pipeline and its impact on Black students, specifically Black boys. Part IV of this Article considers contemporary education reform policies and frames efforts at education reform as dangers to Black boys. Part V discusses why it is important to assess how education reform policies, in the form of state takeovers of public school districts and public schools, impact Black boys. Part VI discloses the data sources and research methods for this Article. Parts VII-IX provide a statistical comparison of disciplinary outcomes for Black boys in schools under the governance of locally governed and popularly elected school districts and state takeover school districts in Detroit, Memphis, and New Orleans. Part X applies the applicable federal appellate courts' decisions on the application of the State-Created Danger Doctrine in light of the statistical test performed in Parts VII-IX. Part XI applies critical race analyses to the findings of this paper.
ISSN:0896-0194