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Restorative Justice and Bullying: A Missing Solution in the Anti-Bullying Laws


Susan Duncan


University of Louisville - Louis D. Brandeis School of Law

June 6, 2011

New England Journal on Criminal & Civil Confinement, Vol. 37, p. 701, 2011
University of Louisville School of Law Legal Studies Research Paper Series No. 2011-09

Abstract:     
This article proposes anti-bullying statutes to include restorative practices. Part II of this Article reviews the status of anti-bullying statutes and their lack of restorative justice language. Part III defines restorative justice and describes the key values and components of the restorative justice practices. Part IV makes the case for why restorative justice practices are particularly suited to address the harm created by school bullying. Although preventative educational programs are also needed, this Article only addresses effective intervention programs after a bullying incident occurs. Finally, Part V briefly discusses likely objections to using the restorative justice approach and possible responses to these objections.

Number of Pages in PDF File: 33

Keywords: bullying, restorative justice, anti-bullying laws, repairing harm

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Date posted: June 8, 2011 ; Last revised: September 21, 2011

Suggested Citation

Duncan, Susan, Restorative Justice and Bullying: A Missing Solution in the Anti-Bullying Laws (June 6, 2011). New England Journal on Criminal & Civil Confinement, Vol. 37, p. 701, 2011; University of Louisville School of Law Legal Studies Research Paper Series No. 2011-09. Available at SSRN: http://ssrn.com/abstract=1858990

Contact Information

Susan Duncan (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6373 (Phone)
502-852-0862 (Fax)

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