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Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers Dec 2014

Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers

University of Massachusetts Law Review

Student loans are presumptively non-dischargeable through bankruptcy, but the undue hardship doctrine provides an equitable “safety valve” for the indigent. To date, the United States First Circuit Court of Appeals has yet to select a single legal test for determining undue hardship under the United States Bankruptcy Code (“Bankruptcy Code”). Within the jurisdiction of the First Circuit, bankruptcy courts are free to choose an approach to evaluate undue hardship. In an effort to ensure consistency throughout the bankruptcy courts within the First Circuit, it would be ideal if the First Circuit would choose one of the undue hardship tests. However, …


Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii Mar 2014

Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii

University of Massachusetts Law Review

As the use of social media increases and becomes an integral part of nearly every student's life, problems arise when student expression on these sites turns into threats against the school or other students, implicating both student safety and the speaker's right to free speech. Facing a lack of Supreme Court precedent, school officials need guidance on whether and how to take action when a student makes threats on social network - how to prevent any danger at school while respecting the student's right to free speech. This note develops an approach that combines the Supreme Court's Watts "true threat" …