The Neuroscience of Qualified Immunity

Qualified immunity not only absolves public officials from accountability for the damages caused when they deprive a citizen of their constitutional rights; by virtue of companion doctrines shielding governmental entities from liability, conferral of immunity leaves the victim to bear the loss. Therefore, it is essential that the contours of immunity be carefully calibrated to align with its intended purposes. The United States Supreme Court has continuously expanded immunity to protect the exercise of discretion where, albeit acting in violation of constitutional norms, the official could have reasonably believed their conduct was constitutional. This Article exposes the implicit assumptions as to the operation of the brain that underpin the evolution of the Court’s immunity jurisprudence. It then explains how the Court’s suppositions are refuted by recent findings in the field of neuroscience and proposes reforms that would harmonize immunity with the true workings of the minds of government officials

After-School Growth: What Young People Have to Say. A Response to “Democracy and Development: The Role of Outside-of- School Experiences in Preparing Young People to Be Active Citizens”

In the context of a conference on after-school programs, sponsored by the nonprofit All Stars Project, youth from the organization’s programs discuss their experiences and growth as citizens in a video-captured panel discussion. Their discussion illustrates how outside-of-school social and cultural development helps disenfranchised youth to see themselves as part of the broader society and as having the capacity to shape that society and to lead others. After School from Democracy & Education on Vimeo

Addressing marginality : slowly developing readers in responsive learning communities.

Students who fail to establish an identity as a reader run the risk of becoming disconnected from both school and society due to the important position reading holds in our culture. Therefore it is crucial to determine how classroom teachers can help marginal readers increase their participation in the classroom learning community. Three major research questions guide the study: (1) Do participating teachers conceptualize reading as encompassing a broad or a narrow range of behaviors? (2) How do teachers\u27 theories about reading development, reading instruction, and learning potential impact upon their interactions with slowly developing readers? (3) How do curriculum, instructional groups, and classmates influence efforts to help slowly developing readers increase their participation in the literate classroom community? The study employs qualitative research methods. It describes the theory and practice of two first grade teachers recognized for their commitment to helping marginal readers. Data collected over a four month period of time are drawn from participant observation, audiotaping of classroom reading events, and interviews/conversations with teachers, students, and parents. Data indicate that participating teachers conceptualize reading as encompassing an extremely broad range of behaviors. Teachers\u27 theories of reading and learning stress motivation, self-confidence, support, challenge, and shared roles among teacher and students. The study concludes that teachers can help marginal readers increase their participation in the learning community through explicit language that reflects social and cognitive goals, support and challenge, and focus on students as resources to one another. It further concludes that slowly developing readers benefit from participation in the same language-rich environment as peers when teachers modify and extend learning experiences to meet individual needs. Ensuring success for all students involves careful analysis of existing practices to determine if teachers\u27 theories about reading, learning, and student potential expand or limit classroom alternatives for students whose reading development differs from that of peers. Further, it requires examination of the role of classmates and family in promoting or hindering student progress. The challenge for educators is to explore ideas and practices that demonstrate promise for helping slowly developing readers reach high levels of competence