This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and brutality which frequently exist in both schools and prisons be effectively eradicated, the analysis entails an examination of a representative sampling of models which may hold promise for reform.
Elisabeth T. Dreyfuss and Jane C. Knapp,
Due Process as a Management Tool in Schools and Prisons,
28 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol28/iss3/5