The Court went on (1. b) to assert that using the Eighth Amendment to apply to an issue in a public school would amount to "wrenching " it from "its historical context" -- which is actually a safeguard against criminals. The plaintiffs had also used the Fourteenth Amendment to argue that James Ingraham was not given due process, but the High Court (2.) stated that the Fourteenth Amendment does not require notice and a hearing prior to delivering blows from a wooden paddle (corporal punishment) in a public school environment since that punishment is authorized by "common law" (Cornell Law School).
The justices that ruled with the majority and refused to grant relief to the Ingraham family: Powell, Burger, Blackmun, Stewart and Rehnquist. Those justices dissenting from the majority opinion: White, Brennan, Marshall and Stevens. As to his dissenting opinion, Justice White asserted that because the "Framers" of the Constitution "did not choose to insert the word 'criminal' into the language of the Eighth Amendment," therefore the Amendment's prohibition against cruel...
Graham vs. Florida Focal Point Analysis There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans are being protected and arbitrariness being curbed. In the light of the fact that human rights are now a universal concept and is globally acknowledged, the fact that constitutions and laws
HRM Leadership and HRM in the Public Sector At the national level, leadership in human resource management has been problematic, if not negative, in its effects. The Civil Service Reform Act of 1978 and related legislation established the Office of Personnel Management (OPM) to provide leadership and innovative personnel programs for the federal establishment. Instead, in the first ten years after its creation, OPM established a record of missed opportunities, failed initiatives,
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn. 676 F. Supp. 749, 752. Ingraham v. Wright, 430 U.S. 651 (1977). In Ingraham, petitioner students filed an action pursuant to 42 U.S.C.S. § 1981-1988, seeking damages
(Beasley, Branson, and Hancock, 2010, paraphrased) Srimai, Radford and Wright (2010) report that management needs "arriving from the evolving business ecology and focused on creating and sustaining competitive advantage, drive the destiny of PM systems during their evolutionary progression." (p.662) Management tools that presently exist are reported to be reflective of the "result of prior choices in the search for distinct performance measurement capabilities. Their evolution embodies trends in the
" While the mildest form of spanking has not yet proved to be harmful according to the studies the results also indicate that spanking is not more effective than other forms of discipline that do not involve hitting a child (Harder, 2007). There are several reasons that experts believe spanking should never be used as a form of punishment. Spanking can and sometimes does escalate to become physical abuse which in turn can
Susan P. Sturm titled: "The Legacy and Future of Corrections Litigation" details the importance of litigation to correctional reform, the correctional and legal landscape within the Prelitigation era, and the impact of litigation on the management and organization of correctional institutions. Litigation within federal courts comes as a routine and integral part of corrections management. Because of its importance in corrections management, it has been made obligatory upon corrections
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