id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-18044	Rumel, John E.	Back to the Future: The in Loco Parentis Doctrine and its Impact on Whether K-12 Schools and Teachers Owe a Fiduciary Duty to Students	2013	41	.pdf	application/pdf	20511	976	56	The teacher, it is here proposed, is morally a fiduciary.133 Two other scholars, in the most comprehensive article on the teacher-student fiduciary relationship issue yet written, have assumed, both historically and currently, that fiduciary relationships existed, and will exist, between teachers and students in certain circumstances.134 Those scholars have noted the shortcomings of applying “[t]raditional [d]octrinal [a]pproaches” such as the duty of care and loyalty in resolving fiduciary duty cases in the education setting.135 Focusing primarily on college and university case law and issues, these scholars have developed the following “underlying organizing principles”136 in determining when a fiduciary relationship exists between a teacher and student, the nature of the fiduciary duty involved, and the existence and magnitude of any breach of that duty: Part II of this Article discusses the case law and commentary that surrounds the creation and regulation of fiduciary duties, paying special attention to the judiciary’s proclivity to use analogistic and moralistic reasoning to expand the universe of fiduciary relationships.6 It also focuses on well-settled legal principles relating to the lack, generally speaking, of any fiduciary obligation owed by parents to their children and the duty of undivided loyalty that a fiduciary owes to the person to whom his or her fiduciary duty runs.	cache/inlawrev-18044.pdf	txt/inlawrev-18044.txt