Bauer v. Kincaid’s Empirical Analysis
1991
Citation profile
2 federal appellate · 3 district · 11 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 2024
2 federal appellate · 3 district · 11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 20 U.S.C. § 1232G (Family Educational Rights and Privacy Act of 1974) · 28 U.S.C. § 1331 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on United Mine Workers of America v. Gibbs · Bolling v. Sharpe · Branzburg v. Hayes · Red Lion Broadcasting Co. v. Federal Communications Commission · Richmond Newspapers, Inc. v. Virginia
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is obvious ... that the 1974 Act does not provide a privilege against disclosure of student records. The statute says nothing about the existence of a school-student privilege analogous to a doctor-patient or attorney-client privilege. Rather, by threatening financial sanctions, it seeks to deter schools from adopting policies of releasing student records. Moreover, a school is not subject to sanctions because it discloses “personally identifiable information” if it does so in compliance with a judicial order.”
1 later decision quote this exact passage · from the majoritye.g. Zaal v. State““[C]riminal investigation and incident reports are not educational records because, although they may contain names and other personally identifiable information, such records relate in no way whatsoever to the type of records which FERPA expressly protects; i.e., records relating to individual student academic performance, financial aid or scholastic probation which are kept in individual student files. These records are quite appropriately required to be kept confidential.””
1 later decision quote this exact passage · from the majority“FERPA was adopted to address systematic, not individual, violations of students’ privacy and confidentiality rights through unauthorized releases of sensitive educational records. The underlying purpose of FERPA was not to grant individual students a right to privacy or access to educational records, but to stem the growing policy of many institutions to carelessly release student records.”
1 later decision quote this exact passage · from the majoritye.g. Zaal v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.