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Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Seattle University Law Review
This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …