Thursday, July 18, 2013

Recent scholarship

David Aronofsky (Montana) and Sam Schmitt (Montana 3L), The Chicago Tribune v. The University Of Illinois: The Latest Iteration of New Textualist Interpretation of FERPA by the Federal Courts, 39 J.C. & U.L. 567 (2013). Excerpted from the abstract:

The Chicago Tribune Co. v. The Board of Trustees of the University of Illinois is the most recent iteration of a trend in which the Family Educational Rights Protection Act (“FERPA”) is interpreted by the federal courts according to New Textualism. The object of this approach is to interpret the meaning of a law's text with text-linked or text-based sources rather than legislative history or Congressional intent. The last twenty years of federal court FERPA case law evidences a shift toward a textualist approach to FERPA interpretation whereby softer approaches to statutory interpretation: legislative history, Congressional intent, and policy objectives are secondary for resolving legal disputes in the federal judiciary. Consequently, FERPA interpretation by federal circuit courts has also become highly uniform. This article argues that the Chicago Tribune fits neatly into the federal court trend towards principally text-based interpretation of FERPA. Consequently, state courts faced with conflicts requiring the resolution of FERPA disputes to apply state law correctly can rely on a straightforward method for properly interpreting the federal law.

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