Law Commons^™

Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy, Aaron N. Taylor

All Faculty Scholarship

A debtor seeking to discharge student loans in bankruptcy must prove that paying the debt would cause an undue hardship upon him and his dependents. Undue hardship, however, is an undefined concept, flummoxing debtors, creditors and judges alike. The result of this ambiguity is rampant inconsistency in the manners in which similarly-situated debtors (and creditors) are treated by the courts. This article argues that the undue hardship standard should be replaced by a framework that uses debt service thresholds to determine the propriety of federal student loan bankruptcy discharges. Eligibility for discharge would depend on outstanding loan amounts, debtor income …

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

The Legal Status Of The Teacher, Floyd R. Mechem

Other Publications

The subject upon which I have been asked to speak, is the legal status of the teacher. In endeavoring to comply with this request, I have assumed that such an audience as this would not be interested in the bare legal aspect of the question, as an audience of lawyers might be. Nevertheless, any effort to speak upon the teacher's legal status necessarily presupposes that what is to be said on the social, political, or pedagogical sides of the matter will be said by others, and that only that which pertains to the legal aspect is now in order. The …

The Legal Status Of The Teacher, Floyd R. Mechem

Articles

Prof. Mechem's address on the status of public and private school teachers.