Universities and Other Institutions of Higher Learning
Jeremy L. Kahn, Shedding Rights at the College Gate: How Suspicionless Mandatory Drug Testing of College Students Violates the Fourth Amendment, 67 U. Miami L. Rev. 217 (2012). This article explores Linn State Technical College's mandatory drug screening program for incoming students. The author explains that suspicionless drug screening has been held to be constitutional under limited exceptions. The author argues this program does not fit within the narrow contexts previously outlined by the Supreme Court and is in violation of college students' Fourth Amendment rights.
Aaron N. Taylor, Undo Undue Hardship: An Objective Approach to Discharging Federal Student Loans in Bankruptcy, 38 J. Legis. 185 (2012). This article focuses on the "undue hardship" standard used to determine whether a debtor's student loan should be discharged in bankruptcy. The undue hardship standard remains undefined, causing inconsistent application and confused debtors, creditors, and judges. The author proposes a new, bright-line approach that uses debt service thresholds to determine appropriate student loan debt discharges in bankruptcy. The proposed standard considers the outstanding loan amounts, debtor income history, federal poverty guidelines, and the type of academic program for which the loan was incurred. The article concludes by illustrating that the proposed system creates a viable alternative to the inconsistent system currently in use.
Joshua P. Thompson & Adam R. Pomeroy, Desperately Seeking Scrutiny: Why the Supreme Court Should Use Fisher v. University of Texas to Restore Meaningful Review to Race-Based College Admission Programs. 7 Charleston L. Rev. 139 (2012). This article discusses the constitutionality of race-based college admissions programs. The authors discuss issues regarding the Court's ruling in Grutter, including the failed attempt to establish an equal protection framework. The authors argue that Grutter should not be followed and that the Fisher decision should lay a new framework for equal protection.
Student Work - Article, Comments, and Notes
Matthew R. Triplett, Sexual Assault on College Campuses: Seeking the Appropriate Balance between Due Process and Victim Protection, 62 Duke L.J. 487 (2012). This note focuses on the problem of student-onstudent sexual assault on college and university campuses. The Department of Education issued a "Dear Colleague Letter" ("Letter") in 2011 that outlined the procedures colleges should follow in order to remain in compliance with Title IX. …