The Curious Life of in Loco Parentis at American Universities

Higher Education in Review, Vol. 8, pp. 65-90, 2011

29 Pages Posted: 5 Dec 2011

See all articles by Philip Lee

Philip Lee

University of the District of Columbia - David A. Clarke School of Law

Date Written: Spring 2011

Abstract

In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.

Suggested Citation

Lee, Philip, The Curious Life of in Loco Parentis at American Universities (Spring 2011). Higher Education in Review, Vol. 8, pp. 65-90, 2011, Available at SSRN: https://ssrn.com/abstract=1967912

Philip Lee (Contact Author)

University of the District of Columbia - David A. Clarke School of Law ( email )

4340 Connecticut Ave. NW
Washington, DC 20008
United States

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