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54 Howard L.J. 343 (2010-2011)
Students of the Mass Incarceration Nation

handle is hein.journals/howlj54 and id is 355 raw text is: Students of the Mass Incarceration Nation KATAYOON MAJD* INTRODUCTION ................................. 344 I. THE DRIVE TO PUNISH: THE MASS INCARCERATION OF AFRICAN-AMERICANS AND OTHER PEOPLE OF COLOR...... ........ 351 A. The Criminal Justice System ................... 352 B. The Juvenile Justice System . ................... 356 II. SCHOOLS AS PARTNERS IN MASS INCARCERATION: THE SURVEILLANCE, EXCLUSION, AND CRIMINALIZATION OF STUDENTS OF COLOR ....................... 360 A. Zero-Tolerance Policies ...................... 363 B. Surveillance and Arrests of Students of Color on Campus ................................. 366 C. The Role of Juvenile Courts in Criminalizing Students ................................. 369 III. PATERNALISM, DIMINISHED RIGHTS, AND THE HYDRAULICS OF PUNISHMENT ............... 371 A. Paternalism to Justify Diminished Rights ........... 371 B. The Hydraulics of Punishment........ ......... 375 IV. THE NEGATIVE IMPACTS OF THE PUNITIVE REGIME AT SCHOOL AND IN COURT .......... 376 A. Harms of Punitive and Exclusionary School Policies .. ............................... 377 B. Harms of Juvenile Court Involvement ........... 378 C. Impact on Legal Socialization ........... ...... 379 * Criminal and Juvenile Justice Program Officer, Public Welfare Foundation. The views expressed here are my own and should not be attributed to the Public Welfare Foundation. I would like to thank Neelum Arya, Barbara Fedders, and Robert Kim for their very helpful comments and suggestions on an earlier draft of this Article. I also am grateful to Derek Black and the staff of the Howard Law Journal for their assistance. 2011 Vol. 54 No. 2 343

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