Safe or sorry? Rights,responsibilities and retribution—the new three Rs of education in New Zealand?

A school is a microcosm of society and thus is subject to the problems existing within society generally. The rights and responsibilities of persons outside the school gates apply within the school also. The school environment is unique in that not only is a young person compelled to attend but he or she must spend a great deal of each day within the school's jurisdiction. May it then be argued that there is an enhanced responsibility of schools towards the emotional and physical welfare of their students in relation to matters within their control? This article will examine whether a New Zealand public school has a responsibility that extends further than a moral duty for the safety of its students. Particularly it will consider a school's potential liability in respect of the various forms of student‐to‐student bullying and harassment. It examines the potential for an action against a school under human rights legislation, at common law, and in criminal law.     

Black and White School Violence

Abstract

This study examines racial, social, and contextual-environmental factors to determine what effects they have in predicting the likelihood of student victimizations in urban, suburban, and rural schools. In doing so, it seeks to answer two basic questions-Is school violence more prevalent among African-American students in urban schools? And if so, which factors predict the likelihood of one being victimized in urban schools compared to suburban and rural schools? The results of this study indicate that race was not significant in predicting victimizations among students in either urban, suburban, or rural school districts. However, the probability of student victimizations increased for students who attended school in the Western regions of the U.S. where student diversity is greater. Also, students who attended schools where gangs, drugs, weapons, and security were present were more likely to be victimized than those who did not have these elements in their schools. Finally, the regression models for school crimes did better in predicting student victimizations than the personal and property crime models.     

School Shootings and Security Lock-downs: Myths,Positive School Climates,and Safer Campuses

School shooting tragedies and the juvenile justice system’s movement toward a retributive and punitive framework gravely impacted how primary and secondary school students, disproportionately urban districts, used security measures to lock down campuses and build “fortress-like” schools. This iteration of control on school campuses emerged in tandem with the most recent generation’s zero tolerance approach to student violence and problems; a policy widely regarded as ineffective in urban, suburban, and rural districts. As school shootings continue to impact state legislative action and public reactions to school management, this paper takes a critical approach to school security policies and reviews the evidence on the risk for school violence and how to move away from student control approaches that do not improve school safety. Instead, the incorporation of prosocial education and school engagement efforts finds that school and student safety is improved. These, and related approaches to student body management, decreases campus violence and may also minimize the risk of some school shootings - as rare as these tragic incidents are across the nation’s schools. The interplay of schools, students, and the juvenile and family courts is ongoing. Knowing how school districts can best approach their campus environments, safety, and learning is important for school social workers and court personnel because of how often these systems work, or do not work, together.     

Brazilian Adolescents’ Just World Beliefs and Its Relationships with School Fairness,Student Conduct,and Legal Authorities

Prior research has demonstrated that adolescence is a sensitive period to develop their belief in a just world (BJW), both general and personal. Research has found significant relationships between BJW, perceptions of school fairness, student conduct, and perceptions of legal authorities. However, no research has combined these constructs in one model to get a broader picture of how adolescents construct their worldview of fairness and how this influences their compliance with authorities. This study analyzed 475 Brazilian adolescents across three schools. A partially mediated and a mediated model were tested to determine if students’ BJW relate directly or indirectly to student conduct and perceptions of legal authorities through school fairness. The partially mediated model best fit the data. Personal BJW predicted students’ perceptions of the school fairness, which predicted student conduct. General BJW and school fairness predicted adolescents’ perceptions of legal authorities. Perceptions of school fairness are influenced by Personal BJW and are predictive of students’ conduct and opinions of legal authorities. By analyzing multiple constructs simultaneously, this study provides a picture of how these overlapping conceptualizations of justice interact. Students who do not believe their school is fair are less likely to respect and abide by the rules and are more likely to also expect unfair treatment from law enforcement and judicial officials. This study points to the importance of students’ perceptions of justice at school and highlights the far-reaching implications of students who do not perceive or expect justice in their lives.     

学生同居受处分的法律思考——论学校自主管理权保障与学生合法权益保护之谐调

近年来,学校成为被告的频度不断增高,学校在很多争议中成为社会关注的焦点。实际上,争议的核心在于学校的自主管理权问题。笔者认为,依法维护学校的自主管理权是非常重要的。而学校自主管理权的基本内涵是:学校的管理活动,不违法即合法。通过对学生同居受处分这一典型案例的剖析,笔者提出了实现对学校自主管理权保障与学生合法权益保护之谐调的期待。     

The law commission and judicial law reform*

This article explores ways in which mooting can provide high school students with insight into life as a law student. In gaining high school students’ insights on their early exposure to a legal research skills environment involving oral argumentation exercises, the authors argue that law schools can incorporate experiential learning pedagogies into student recruitment efforts to ensure that both law school and prospective student are better prepared for each other during the delivery and study of law at university level.     

Central Issues in Jurisprudence

Law schools have been criticised as being behind the times in predominantly adhering to the traditional lecture format combined with the casebook method. In so far as these techniques simply transmit prescribed content to students, this comes at the expense of teaching the skill crucial for success in examinations and in legal practice: problem solving. Active teaching and learning techniques seem likely to better foster the development of this skill. However, in an environment where transmission-based lectures are the norm, and students are anxious to absorb content in the (mis)belief that this holds the key to success, would they welcome such active learning or resist it? To assess this, I delivered three lectures to second year undergraduate students in the same cohort of the Law of Contract, each of which used varying degrees of active learning techniques: the first, the maximum amount practicable, the second a combination of active learning techniques and techniques traditionally used in law school lectures, and the third no active learning techniques at all. By asking students to comment on the extent to which they were engaged in the lectures and how the use of time enabled them to learn, to understand contract law, and to develop their own problem-solving skills, I aimed to see how they would react to the different techniques. Supported by the qualitative results of this pilot study, the article suggests that (1) the incorporation of active learning exercises – including those based on problems – into large lectures is perceived by students as beneficial for their learning, and even preferred over passive methods; and (2) in the typical law school environment, law teachers could also consciously mitigate the relentless pressures affecting law students by making classes more conversational, relaxed and entertaining.     

Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools

In recent years, there has been a tremendous proliferation of quantitative evaluative social measures in the field of law as well as society generally. One of these measures, the U.S. News & World Report rankings of law schools, has become an almost obsessive concern of the law school community, generating a great deal of speculation about the effects of these rankings on legal education. However, there has been no attempt to systematically ascertain what, if any, effects these rankings have on the decisionmaking of students and schools in the admission process. This article documents some of these effects by conceptualizing rankings as a signal of law school quality, investigating (1) whether students and schools use this signal to make decisions about where to apply and whom to admit, and (2) whether the creation of this signal distorts the phenomenon—law school quality—that it purports to measure. Using data for U.S. law schools from 1996 to 2003, we find that schools' rankings have significant effects on both the decisions of prospective students and the decisions schools make in the admissions process. In addition, we present evidence that the rankings can become a self-fulfilling prophecy for some schools, as the effects of rank described above alter the profile of their student bodies, affecting their future rank. Cumulatively, these findings suggest that the rankings help create rather than simply reflect differences among law schools through the magnification of the small, and statistically random, distinctions produced by the measurement apparatus.     

Students and Perceived School Safety: The Impact of School Security Measures

Although secondary school violence has actually decreased, public concern over student safety is still prevalent. One response to publicized school violence has been the implementation of security measures (metal detectors, cameras) and policies (visitor sign in, locked doors). While these changes may decrease school violence, little research has examined the effect these security measures have on student perceptions of school safety. Utilizing the National Longitudinal Study of Adolescent Health (AddHealth), this study found that metal detectors and the number of visible security measures employed in school were associated with a decrease in student reports of feeling safe. Students who were male, White, had higher GPAs, and reported feeling safe in their neighborhood were more likely to report feeling safe at school, while those who experienced prior victimizations, had larger class sizes, and who attended schools that had disorder problems were more likely to report not feeling safe at school.     

Youth Behavior,School Structure,and Student Risk of Victimization

Although a growing body of research on student safety focuses on school disorder, school climate, and the intersection of community/situational factors, comparatively less research has focused specifically on the individual‐ and school‐level factors that put students at risk of victimization in the immediate school environ. The present study is an attempt to broaden our understanding of the contribution of schools and school behavior to the victimization experiences of students. We compare traditional routine activity constructs to understand whether and how they differentially influence the risk of community and school victimization. Additionally, we investigate what school‐related variables (behavioral and structural) explain variation in young people’s risk for school victimization.     

Saving the Nation's Expendable Children: Amending State Education Laws to Encourage Keeping Students in School

Disciplinary codes are designed to govern the behavior of millions of students attending U.S. public schools. As currently implemented, a great majority of these codes afford school personnel expansive, if not full, discretion to impose any sanction they deem appropriate in response to a student's alleged misconduct. Suspension and expulsion are two frequently used exclusionary sanctions that result in a large group of students who are pushed out of their learning environments around the nation on a daily basis. These detrimental exclusionary punishments have been increasingly used to address minor misbehavior rather than be reserved solely for serious offenses. This Note will describe the harmful implications currently associated with suspending and expelling children as a means to address misbehavior in school. This Note will then propose that all states amend their current education laws to limit infractions that may be punishable by suspension and/or expulsion exclusively to felonies as well as discuss practical alternatives schools should consider as a response to student misconduct. Implementation of this proposal would minimize the high rate of children being removed from their classrooms and would ultimately heighten the opportunity for children to learn.     

Climate change: It's happening in the legal profession too

What conscientious law professor of first year, large format classes in torts, contracts, or criminal law has not pondered how to better engage students while easing their reluctance to speak out in class? While students entering law schools are quite adept with student engagement technologies (SETs) from undergraduate classes, some law faculties seem tied to the passive environment of lectures and PowerPoint presentations and hence reject SET methodologies as so much techno-wizardry. With the entry of web-based programmes into the expanding field of SETs, and increasing empirical evidence that active learning improves grades and closes gender and socio-economic gaps, the ethical question arises, are we not obliged as law teachers to employ them? This paper examines in three steps that gap between pronouncing from the podium and actively engaging learners by clicker response or web-based devices. Part I reviews the growing literature on active learning including SET-based methods. Part II examines two models of SETs, remote-based and web-based, for their comparative attributes and drawbacks, with a particular focus on law teaching. Part III details the author’s experiences with the clicker system teaching introductory law and criminology and offers practical suggestions for facilitating its use. The paper concludes that, in light of recent evidence of heightened learning success using active learning methodologies, and the impending complexity to education posed by wearable technologies, the ethical question of pedagogical competence grows in importance.     

MODELING THE EFFECTS OF RACIAL THREAT ON PUNITIVE AND RESTORATIVE SCHOOL DISCIPLINE PRACTICES*

It is clear that schools are mirroring the criminal justice system by becoming harsher toward student misbehavior despite decreases in delinquency. Moreover, Black students consistently are disciplined more frequently and more severely than others for the same behaviors, much in the same way that Black criminals are subjected to harsher criminal punishments than other offenders. Research has found that the racial composition of schools is partially responsible for harsher school discipline just as the racial composition of areas has been associated with punitive criminal justice measures. Yet, no research has explored comprehensively the dynamics involved in how racial threat and other factors influence discipline policies that ultimately punish Black students disproportionately. In this study (N = 294 public schools), structural equation models assess how school racial composition affects school disciplinary policies in light of other influences on discipline and gauge how other possible predictors of school disciplinary policies relate to racial composition of schools, to various school disciplinary policies, and to one another. Findings indicate that schools responding to student misbehavior with one type of discipline tend to use other types of responses as well and that many factors predict the type of disciplinary response used by schools. However, disadvantaged, urban schools with a greater Black, poor, and Hispanic student population are more likely to respond to misbehavior in a punitive manner and less likely to respond in a restorative manner.     

Business law for non‐lawyers: Setting the stage for teaching,learning and assessment at Hong Kong Polytechnic University

SCALE-UP is an acronym for Student-Centred Active Learning Environment with Upside-down Pedagogies. The term upside-down pedagogies refers to a flipped or inverted classroom approach that is characterised by flipping teaching and learning responsibilities; instead of students first hearing a lecture and then doing homework, students can watch a lecture or otherwise prepare for class at home and then practise what they have learned in class. This paper discusses active learning strategies and how legal education can utilise such approaches, explores how studio classroom design can facilitate such strategies, describes the configuration of a Scale-Up classroom, provides exercises that can be incorporated into such a learning space, and elaborates on the advantages and disadvantages of the use of the pedagogy in a redesigned learning space. It concludes that requiring students to complete some practical exercises in class, participate in discussions with peers, or work on assignments where the lecturer has some input, may engage students in the learning process, encourage them to attend class and to accept more responsibility for their learning.     

School resource officers and the criminalization of student behavior

As school resource officer (SRO) programs continue to be widely implemented, there is concern that an increasing police presence at schools will “criminalize” student behavior by moving problematic students to the juvenile justice system rather than disciplining them at school. If true, this has serious implications for students and schools; yet research on this topic is limited and the discourse is often based on speculation or anecdotal evidence. To address this issue, this study evaluated the impact of SROs on school-based arrest rates by comparing arrests at thirteen schools with an SRO to fifteen schools without an SRO in the same district. Poisson and negative binomial regression models showed that having an SRO did not predict more total arrests, but did predict more arrests for disorderly conduct. Conversely, having an SRO decreased the arrest rate for assault and weapons charges. Implications of these findings for understanding SROs and their role in criminalizing student behavior are discussed.     

Examining the Use of Police in Schools: How Roles may Impact Responses to Student Misconduct

Prior research has suggested that the use of police in schools has resulted in negative outcomes for students; however, this line of research has failed to consider other factors that may influence an officer’s response outside of their mere presence. Over time, the roles and duties of police in a school setting have continued to expand as a result of social and political shifts in criminal justice and education policy. Paralleling this expansion has been the development of a more punitive school discipline environment where students are more likely to be suspended, expelled, a ticketed, and/or arrested. As these two separate bodies of research have been tangentially related, in this study, we use role theory as a guiding framework to connect these two bodies of research and examine how officers’ roles may influence their responses to student misconduct. Data was collected via an online survey distributed to a sample of commissioned law enforcement officers working in Texas schools. The survey included measures of officer roles as well as vignettes to assess how officers would respond to specific situations involving students. Results of this study suggest that an officer’s role may influence how they respond to student misconduct, and therefore, may be an important piece of information for both researchers and practitioners when looking to minimize the potential negative impacts of using police in schools. These findings related to officer roles are discussed in terms of both practice and future research, while considering the larger discipline environment of schools.     

Mapping the effects of Brexit on legal education in Wales: proposals for addressing students’ concerns

ABSTRACT

Whilst the future for UK–EU relations remains to be realised, Brexit will have consequences for legal education. However, to date, neither the UK nor Welsh Governments have sufficiently addressed what those consequences will be for higher education. This paper, which documents the results of 336 student questionnaires received from law students surveyed from every law school in Wales, evidences that learners have already started to decide what they believe Brexit means for them. Amongst the numerous challenges for Welsh law schools is the opinion of current students that Brexit makes Wales a less attractive place for overseas students and lecturers, both EU and other internationals, to study and work. Meanwhile UK students studying in Wales are questioning the relevance of EU law modules, and are viewing aspirational careers within EU institutions as now being “closed doors”. By drawing upon our findings, as well as comparisons with other EU Member States, this paper proposes six areas where urgent collaboration between governments and universities is needed. Failing to address the concerns identified by this research has the potential to further threaten the internationalised education model that UK students benefit from by studying law at Welsh universities.     

Empty Ethics and Reasonable Responsibility: Vocabularies of Motive among Law and Business Students

Despite professional nonns of being socially responsible and providing service to the underprivileged, the attitudes of law students toward ethical duties and public service bear similarities to those of business students. Using data from multiple interviews with luw and business school students at one university, 1 find that these attitudes develop in response to the expectations of peers and professors during school experiences. Ethics courses are marginalized by the schools, and courses focus on such pragmatic issues as the professional code of conduct (law school) or how the appearance of social responsibility affects the bottom line (business school). Provided with little guidance on what they might do when they encounter real ethical dilemmas, students karn vocabularies of motive concerning how lawyers and managers should balance profits, cany out responsibilities to various stakeholders, and weigh ethical concerns, and they then moderate their own expressions of extreme self-interest or self-sacrifice. Both groups learn to maintain social responsibilities only within reason, emphasizing the separation of work from personal convictions. These elements have implications for the perfonnuwe of public service in their future careers, as well as for a scholarly understanding of professionalism.     

The Race to Punish in American Schools: Class and Race Predictors of Punitive School-Crime Control

Despite the general agreement that US schools have become increasingly punitive since the 1980s, researchers are uncertain about what types of schools use tough-on-crime measures. Some assert that punitive control is concentrated in poor, predominantly ethnic minority schools. Governing-through-crime scholars argue that US schools with mostly middle-class and white students are also punitive, but in less harsh ways using soft surveillance techniques. Relying on data from large, stratified samples of middle and secondary US public schools, we found that high rates of ethnic minority enrollment predicted heavy reliance on law enforcement and security personnel. As rates of student poverty increased, use of soft surveillance techniques as well as reporting students to the police significantly increased. Implications for governing-through-crime, racial control, and reproduction of inequalities theories are discussed.     

School liability for student injury from school violence: comparison between South Korea and the USA

This paper examines school liability for school violence-related student injury in South Korea and the US. The study found that the US courts considered only violence-related behaviors of the perpetrator when judging whether violence can be foreseen; thus drug abuse or verbal abuse by the perpetrator were not considered as a part of his/her violent history. On the other hand, the Korean courts considered perpetrators’ nonviolent behavior, such as low academic achievement or negative attitudes toward academic work, as indicators of violent history. Regarding the extent of school liability, while in Korea, schools were not held responsible for injuries to non-school-related persons caused by their students’ violent acts in public, in the US, the court required schools to take legal responsibility for such cases happening during field trips. These findings help to reconsider school liability for school violence and generate suggestions for more reasonable and universal legal standards.