An Analysis of the Nature and Frequency of Supreme Court Cases in School Law for the Calendar Year of 1927

Abstract

Judge Lyon of the Supreme Court of Wisconsin in writing the opin ion of the court in a well known and much quoted decision,1 made the following statement : * ' Our system of public schools necessarily involves the most delicate relations between parents and children on the one hand and the school authorities on the other, and controversies most frequently arise growing out of the enforcement of school discipline. These controversies, relating as they usually do to the control, manage ment and correction of pupils, are apt to have their origin in wounded parental feelings, and are frequently prosecuted with much bitterness. It is cause for congratulation that so few of these controversies appear in the courts.'' While the above quotation is true enough in a way it seems to imply that the major number of controversies pertaining to school matters that reach the state courts of final resort arises out of such disciplinary matters. This may or may not be true. In order to determine the exact nature of these controversies a study was made of all Supreme Court cases involving points of public school law reported for the calendar year of 1927. A more exact statement of the problem of this paper is given below. Statement of Problem: (1) For the calendar year of 1927, what was the approximate number of cases in public school law passed upon by the supreme courts of the forty-eight states in the union? (2) Are there sectional differences in the frequency with which these cases occur? (3) Is there any relationship between the number of such cases and population, or geographical area? (4) What is the precise nature of the cases passed upon? (5) What are the most likely reasons for sec tional variation in the frequency with which cases occur? Collection of Data: This study is based upon the cases in school law reported by the National Reporter System.2 The number of cases given is fairly complete and the accuracy of the reports is considered highly