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Corporal punishment

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Full-Text Articles in Law

Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger Oct 2021

Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger

Dickinson Law Review (2017-Present)

Despite decades of attempts to eradicate the industry, child sex trafficking continues to flourish. Arguably, there is debate about whether adults willingly choose sex work, yet there are no arguments supporting the notion that children make any such choice. When children are bought and sold for sexual purposes, it is child sex trafficking.

Academic legal research has focused comprehensively on the identification of child victims and the prosecution of child traffickers, yet there has not been as salient a focus on reducing the market of buyers of trafficked children. It is the reduction of demand where theories of re-norming and …


The New Restatement Of Children And The Law: Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott Jan 2020

The New Restatement Of Children And The Law: Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

This Essay is based on a previous article: Clare Huntington & Elizabeth Scott, Conceptualizing Legal Childhood in the Twenty-First Century, 118 Mich. L. Rev. 1371 (2020) (offering a comprehensive account of the Child Wellbeing framework).

Since the 1960s, the law regulating children has become increasingly complex and uncertain. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children subject to a limited supervisory and protective role of the state, has broken down. Lawmakers have begun to grant children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, …


The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad Jan 2018

The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum Jan 2016

Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum

University of Michigan Journal of Law Reform

This Note argues that although states should retain the parental discipline defense, their legislators should rewrite their statutes to limit the defense to a specific range of disciplinary methods that social science research has shown to have either net-beneficial or net-neutral effects on children. Part II explores religious and cultural attitudes about corporal punishment, including an overview of traditional American attitudes toward corporal punishment. Specifically, it explores how religious teachings, including Evangelical Christianity, Methodism, and Judaism, affect attitudes towards parental discipline. Additionally, Part II will examine the build-up to and aftermath of Sweden’s ban on corporal punishment—the first nation worldwide …


Corporal Punishment In The Public Schools: The Legal Question, William Irwin Arbuckle Iii Aug 2015

Corporal Punishment In The Public Schools: The Legal Question, William Irwin Arbuckle Iii

Akron Law Review

PUBLIC EDUCATION in the United States has come a long way since the one-room schoolhouse days. This phenomenal growth has been paced by the controversy surrounding the use of corporal punishment as a means of enforcing discipline in the schools. From the oldest reported case reaching the issue of corporal punishment' back in 1833 down to the present, the proponents of corporal punishment have had to defend their actions in the courts from a wide variety of attacks based on criminal law, tort law, state statutes, school board regulations and, most recently, constitutional guarantees. Although the attacks on corporal punishment …


Corporal Punishment In Schools; Due Process; Cruel And Unusual Punishment; Ingraham V. Wright, Mary W. Altier Aug 2015

Corporal Punishment In Schools; Due Process; Cruel And Unusual Punishment; Ingraham V. Wright, Mary W. Altier

Akron Law Review

Corporal punishment as a means of disciplining school children has been used in this country since colonial days. There have been various constitutional attacks on the practice of inflicting corporal punishment, with varying results, and the issue was finally brought before the Supreme Court in Ingraham v. Wright. The Court decided on April 19, 1977 that the Cruel and Unusual Punishment Clause of the eighth amendment does not apply to disciplinary corporal punishment in public schools and that the Due Process Clause of the fourteenth amendment does not require notice and hearing prior to imposition of corporal punishment, as …


Corporal Punishment And Child Development, Jason Fuller Jul 2015

Corporal Punishment And Child Development, Jason Fuller

Akron Law Review

Growing academic, political, and media pressure has persuaded twenty countries to ban physical discipline—that is, to take children from their families because of spanking...However, if youth violence and dysfunction is increasing at the same time that corporal punishment is decreasing, we should be open enough to consider whether the two trends are related. Maybe there is no connection. But maybe lawmakers and child welfare workers should pay more attention to the research suggesting that physical discipline can be helpful in certain contexts...To function in society, people must learn to control themselves enough to not break the law or harm other …


The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller Jun 2015

The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller

Akron Law Review

Were such a killing to occur in the U.S., the popular reaction would have been, “How can we prevent this from happening again?” In Sweden, however, youth violence and aggression has gotten so out-of control that the reaction was, “Shoot another [one].” Sadly, many policymakers fail to realize how Swedish laws have contributed to growing youth violence, and consequently, to public resentment of Swedish youths.

In 1979, Sweden started an international trend by becoming the first country to ban spanking. Since then, twenty-three more countries have outlawed it. The European Committee of Social Rights currently is urging all forty-five of …


What Do Prisoners And Zoo Animals Have In Common? They Have More Protection From Physical Violence Than School Children In Nineteen States, Heddy Muransky, Linda J. Fresneda May 2015

What Do Prisoners And Zoo Animals Have In Common? They Have More Protection From Physical Violence Than School Children In Nineteen States, Heddy Muransky, Linda J. Fresneda

University of Miami Race & Social Justice Law Review

No abstract provided.


The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin Dec 2014

The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin

Bryan H. Druzin

Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from public torture and corporal punishment, which occurred during the 19th century, to the availability of new techniques of social control. However, corporal and capital punishment (what we term shock punishment) persists in many penal systems to this day, suggesting that these countries have for some reason not fully undergone this penal evolution. Using the experiences of Hong Kong and Singapore as case studies, we attempt to explain why this is …


Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins Dec 2014

Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins

Mel Cousins

This note examines the recent decision of the European Committee on Social Rights (ECSR) which found that that Irish law was in breach of Art. 17 of the European Social Charter as it does not prohibit and penalise all forms of violence against children within the family, in certain types of care or certain types of pre-school settings. While the Committee’s decision received considerable media attention in Ireland, the European Social Charter (ESC) is not, of course, binding in Irish law and the legal implications of the decision appear rather limited.

Note that s. 28 of the Children First Act, …


The Anomaly Of Executions: The Cruel And Unusual Punishments Clause In The 21st Century, John Bessler Jan 2013

The Anomaly Of Executions: The Cruel And Unusual Punishments Clause In The 21st Century, John Bessler

All Faculty Scholarship

This Article describes the anomaly of executions in the context of the U.S. Supreme Court’s Eighth Amendment jurisprudence. While the Supreme Court routinely reads the Cruel and Unusual Punishments Clause to protect prisoners from harm, the Court simultaneously interprets the Eighth Amendment to allow inmates to be executed. Corporal punishments short of death have long been abandoned in America’s penal system, yet executions — at least in a few locales, heavily concentrated in the South — persist. This Article, which seeks a principled and much more consistent interpretation of the Eighth Amendment, argues that executions should be declared unconstitutional as …


Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom Sep 2010

Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom

Golden Gate University Law Review

This comment will highlight some of the legal concerns raised by legislative proposals advocating the introduction of corporal punishment into the American juvenile court. The comment will begin by reviewing the historical use of corporal punishment, contrasting the decline of corporal punishment in the criminal justice system with its continued use in the school system. Although the United States Supreme Court has held that school children are not entitled to the protection of the Eighth Amendment when they are paddled, the comment will contend that ordering juvenile offenders to corporal punishment must be subject to review under the Eighth and …


More Harm Than Good: A Summary Of Scientific Research On The Intended And Unintended Effects Of Corporal Punishment On Children, Elizabeth T. Gershoff Apr 2010

More Harm Than Good: A Summary Of Scientific Research On The Intended And Unintended Effects Of Corporal Punishment On Children, Elizabeth T. Gershoff

Law and Contemporary Problems

No abstract provided.


Foreword, Doriane Lambelet Coleman, Kenneth A. Dodge Apr 2010

Foreword, Doriane Lambelet Coleman, Kenneth A. Dodge

Law and Contemporary Problems

No abstract provided.


Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus Apr 2010

Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus

Law and Contemporary Problems

No abstract provided.


Where And How To Draw The Line Between Reasonable Corporal Punishment And Abuse, Doriane Lambelet Coleman, Kenneth A. Dodge, Sarah Keeton Campbell Apr 2010

Where And How To Draw The Line Between Reasonable Corporal Punishment And Abuse, Doriane Lambelet Coleman, Kenneth A. Dodge, Sarah Keeton Campbell

Law and Contemporary Problems

No abstract provided.


Corporal Punishment And The Cultural Defense, Alison Dundes Renteln Apr 2010

Corporal Punishment And The Cultural Defense, Alison Dundes Renteln

Law and Contemporary Problems

No abstract provided.


Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli Apr 2010

Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli

Law and Contemporary Problems

No abstract provided.


Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell Apr 2010

Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell

Law and Contemporary Problems

No abstract provided.


Parental Entitlement And Corporal Punishment, James G. Dwyer Apr 2010

Parental Entitlement And Corporal Punishment, James G. Dwyer

Law and Contemporary Problems

No abstract provided.


Are Spanking Injunctions Scientifically Supported?, Robert E. Larzelere, Diana Baumrind Apr 2010

Are Spanking Injunctions Scientifically Supported?, Robert E. Larzelere, Diana Baumrind

Law and Contemporary Problems

No abstract provided.


The Special Problem Of Cultural Differences In Effects Of Corporal Punishment, Jennifer E. Lansford Apr 2010

The Special Problem Of Cultural Differences In Effects Of Corporal Punishment, Jennifer E. Lansford

Law and Contemporary Problems

No abstract provided.


The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope Apr 2010

The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope

Law and Contemporary Problems

No abstract provided.


Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson Jan 2010

Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson

NYLS Law Review

No abstract provided.


Comment: The Ninth Amendment: A Constitutional Challenge To Corporal Punishment In Public Schools, David R. Hague Jan 2007

Comment: The Ninth Amendment: A Constitutional Challenge To Corporal Punishment In Public Schools, David R. Hague

Faculty Articles

The Supreme Court's refusal to resolve the conflict over corporal punishment in public schools perpetuates the uncertainty over children and parents' legal rights. The use of corporal punishment in public schools unconstitutionally abridges parents' right to direct the upbringing of their children because it forces parents to accept the emotional and physical marks that corporal punishment leaves on their children. In 1977, the Supreme Court addressed the constitutionality of corporal punishment in Ingraham v. Wright. The Court held that the cruel and unusual punishment clause of the Eighth Amendment applied only to criminal punishments and thus provided no protection against …


Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer Jan 2003

Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer

Articles

No abstract provided.


Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan Jan 2003

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …


Force And Colonial Development In Eastern Uganda, Carol Summers Jan 2002

Force And Colonial Development In Eastern Uganda, Carol Summers

History Faculty Publications

This article explores why and how administrators and missionaries in Eastern Uganda came to associate progress and development with the need to whip, coerce, and imprison women, developing new institutions for the violent control of wives that went far beyond more common patterns of informal patriarchal control. New Native Courts took over from husbands in arranging for troublesome wives to be whipped. New mission associations of church, teachers’ and evangelists’ groups, and church men’s groups worked to establish Christian patriarchal control over wives who rejected husbands and Christ. Both officials and missionaries understood clearly that the government and missions needed …


Excessive Exercise As Corporal Punishment In Moore V. Willis Independent School District - Has The Fifth Circuit Totally Isolated Itself In Its Position, Kristina Rico Jan 2002

Excessive Exercise As Corporal Punishment In Moore V. Willis Independent School District - Has The Fifth Circuit Totally Isolated Itself In Its Position, Kristina Rico

Jeffrey S. Moorad Sports Law Journal

No abstract provided.