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Saturday, March 30, 2019

The Schoolhouse Gate

I've been concentrating on an article draft, but I did find time to read Justin Driver's terrific new book on the Supreme Court's cases involving public schools. I was surprised to learn, for instance, that some states still employ corporeal punishment and the Court upheld this practice in the 1970s. There are also many insightful points about familiar cases (Brown or Barnette) as well as ones you may not know. It is definitely worth your time.

Posted by Gerard Magliocca on March 30, 2019 at 10:31 AM | Permalink

Comments

By the way, as for 2015, one may observe the map of US states where corporal punishment is prohibited(blue) and permitted (red) all in public schools.Here in Wikipedia:

https://en.wikipedia.org/wiki/School_corporal_punishment_in_the_United_States

Posted by: El roam | Mar 30, 2019 1:24:51 PM

And just to mention those states at the time already, prohibiting any corporal punishment in public school ( Massachusetts and New Jersey) . Thanks

Posted by: El roam | Mar 30, 2019 12:44:00 PM

Important, but the case you refer to probably ( Ingraham v.Wright ) decided in 1977 and not 1970 by the way ( the event took place in 1970 ). Due process and the Eighth amendment, were the issues there. Just briefly to quote ( comparison with criminals/ prisoners):

" The openness of the public school and its supervisions by the community afford significant safeguards against the kind of abuses from which the Eighth Amendment protects the prisoners "

While concerning "due process", held that:

" Hearings - even informal hearings - require time, personnel, and a diversion of attention from normal school pursuits. School authorities may well choose to abandon corporal punishment rather than incur the burdens of complying with the procedural requirements "

One may reach summary of the ruling here:

https://www.oyez.org/cases/1976/75-6527

And the ruling itself, here:

https://www.csustan.edu/sites/default/files/CJ/JJustice/CaseFiles/INGRAHAM-v-Wright.pdf

Thanks

Posted by: El roam | Mar 30, 2019 12:23:18 PM

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