Jessica Barlow


U.S. courts have consistently held that college students may not sue their institutions based on academic challenges. Academic challenges, to be distinguished from disciplinary issues, are those that involve a student's course work and acceptance into special academic programs. Due to the judiciary's categorization of academic challenges as not cognizable claims, students do not have a neutral third-party forum where their rights can be adequately evaluated. Although courts have stated that the judiciary is not the appropriate forum for academic claims due to lack of expertise, among other issues, this Comment argues that courts are an appropriate forum for the adjudication of certain academic challenges. This Comment further argues that there is strong support for judicial review of cases in the areas of contract formation, breach of contract, tort law, and personal liberties. Finally, this Comment presents a series of questions that courts may ask when choosing whether to adjudicate a student's legal claim against their institution.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.