39 J.C. & U.L. 567 (2013)
The Chicago Tribune v. the University of Illinois: The Latest Iteration of New Textualist Interpretation of FERPA by the Federal Courts

handle is hein.journals/jcolunly39 and id is 595 raw text is: THE CHICAGO TRIBUNE V THE UNIVERSITY OF
ILLINOIS: THE LATEST ITERATION OF NEW
TEXTUALIST INTERPRETATION OF FERPA BY
THE FEDERAL COURTS
SAM SCHMITT*
DAVID ARONOFSKY**
INTRODUCTION              ......................................      ......568
I. FERPA TEXT AND STRUCTURE            ..............................569
II. FERPA CASE LAW .......................................573
A. FERPA in the Supreme Court...........           ...................573
B. FERPA According to Owasso and Gonzaga in the Federal
Circuit Courts       ....................................578
1. Tenth Circuit.     ...................................579
2. Sixth Circuit     ..........................  ...............581
3. Seventh Circuit.      ...........................   ......582
4. Second Circuit       ......................................585
5. Third Circuit      ...................................587
6. Fifth Circuit     ..........................................588
7. Ninth Circuit       ...................................589
III. THE CHICAGO TRIBUNE V. THE UNIVERSITY OF ILLIATOIS.......       .....590
* Sam Schmitt is a third-year law student matriculating at the University of Montana
School of Law and visiting at George Mason University School of Law. Mr. Schmitt
holds a master's degree in public administration from the New Mexico State University
and an honors degree in history, also from the New Mexico State University. He can
be reached at schmittysam@gmail.com.
** David Aronofsky recently retired as full-time General Counsel at the University of
Montana to assume new academic program responsibilities. He has been and remains a
University of Montana adjunct faculty member in the School of Law and College
of Education. Dr. Aronofsky received his J.D. and B.S. in Education from the
University of Texas at Austin; Ph.D. in Higher Education from Florida State
University; and M.Ed. in Counseling from Southern Methodist University. He can be
reached by mail at the University of Montana, 32 Campus Dr., University Hall 135,
Missoula, MT 59812.The views expressed in this article are solely those of the authors
personally and should not be attributed to the University of Montana, the School of
Law, College of Education, or George Mason University School of Law. Special
thanks to students Nathaniel Jacob, Brianne Radovich, and Benjamin Sudduth for their
help editing, proofing, and footnoting this article.

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