Rise of Duty and the Fall of In Loco Parentis and Other Protective Tort Doctrines in Higher Education Law, The

Abstract

The story of twentieth century higher education student safety law\u27 is the gradual application of typical rules of civil liability to institutions of higher education and the decline of insulating doctrines, such as in loco parentis,2 which traditionally protected institutions of higher learning from scrutiny in the legal system. A series of recent events have brought public (and legal) attention to questions about the legal rules governing university responsibility for student injuries.3 In recent times, courts have reversed a long-standing tradition of protecting universities from civil liability for physical injury to students arisin