Restorative Justice Liability: School Discipline Reform and the Right to Safe Schools Part I: The Shifting Legal Environment
University of Memphis Law Review, Vol. 51, No. 3, 2021
Pepperdine University Legal Studies Research Paper No. 2021/17
20 Pages Posted: 31 Aug 2021
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
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