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Full-Text Articles in Education Law
The Curious Life Of In Loco Parentis At American Universities, Philip Lee
The Curious Life Of In Loco Parentis At American Universities, Philip Lee
Faculty Publications
In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.
Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries
Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries
Stephanie D Humphries
In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.
Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …
Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein
Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein
Oklahoma Law Review
No abstract provided.