In a five to four decision, the United States Supreme Court held that the eighth amendment sanction against cruel and unusual punishment does not apply to corporal punishment in the public schools. Because of the clear and uncomplex nature of the reasoning in both the majority and dissenting opinions and the explicitness of the Court's refusal to extend either eighth or fourteenth amendment sanctions to the imposition of corporal punishment in public schools, this Note does not engage in a detailed analysis of the Supreme Court's reasoning. Instead, this Note examines the legal issues that remain for the Nebraska attorney and educator in the wake of the Court's decision to defer to state law on the subject of corporal punishment.

I. Introduction

II. The Facts

III. The Decision

IV. The Nebraska Privilege … A. Civil Liability … 1. Assault and Battery … 2. Negligence … B. Criminal Liability

V. Conclusion