Law Commons^™

Consent To Student Loan Bankruptcy Discharge, John P. Hunt

Indiana Law Journal

As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …

Flunked Out: A Comparative Look At State Educational Code, Title Vi Of The Civil Rights Act, And Slavery Education, Emory French-Folsom, Maryn Rolfson

Brigham Young University Prelaw Review

In 2017, a mock slave auction was held in a 5th grade classroom at

South Orange Elementary School in New Jersey, which included the

‘sale’ of a black child by white students. A few weeks after this incident,

students from another elementary school in the same district

made posters advertising the sale of African American slaves, which

were displayed in school hallways. Wisconsin 4th graders in 2018

were given a homework assignment which asked them to explain

“three good reasons for slavery.”

Title Ix And Official Policy Liability: Maximizing The Law’S Potential To Hold Education Institutions Accountable For Their Responses To Sexual Misconduct, Erin E. Buzuvis

Faculty Scholarship

Title IX, the federal statute that prohibits sex discrimination in education, plays a key role in institutional accountability for sexual misconduct that is perpetrated by a school’s students, faculty, and staff. The Supreme Court has confirmed that Title IX includes an implied right of action for money damages when the institution had actual notice that sexual harassment had occurred, or was likely to occur, and responded to that threat with deliberate indifference. But the deliberate indifference standard has proven to be a high and unpredictable bar for plaintiffs. For this reason, many institutions required the threat of government enforcement—issued in …