Restorative Justice Liability: School Discipline Reform and the Right to Safe Schools Part I: The Shifting Legal Environment

20 Pages Posted: 31 Aug 2021

See all articles by Bernard James

Bernard James

Pepperdine University - Rick J. Caruso School of Law

Date Written: 2021

Abstract

In this first article of a five-article series, Professor James begins by addressing the shifting legal environment of school discipline, liability, and safety. He then looks at the common wisdom on student safety, and alterations in the underlying law on student safety. The next part of the article addresses school discipline reform and conflicting responses to misconduct. He concludes by looking at the three great questions on liability: school’s duties to protect students, the tipping point at which student injury claims should succeed, and how courts should assess the reasonableness of school policies when they conflict with external mandates.

Keywords: restorative justice, liability, school discipline, school safety

Suggested Citation

James, Bernard, Restorative Justice Liability: School Discipline Reform and the Right to Safe Schools Part I: The Shifting Legal Environment (2021). University of Memphis Law Review, Vol. 51, No. 3, 2021, Pepperdine University Legal Studies Research Paper No. 2021/17, Available at SSRN: https://ssrn.com/abstract=3912909

Bernard James (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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