This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of employees who violate Buckley. Part III of this Article first reviews Section 1983 doctrine generally as well as its potential to redress Buckley violations. Part III concludes that, while Section 1983 claims are an available remedy to redress Buckley violations, established Section 1983 doctrine significantly limits potential defendants, success, and remedies for such claims. Part IV of the Article explores five problems inherent in the (weak) array of enforcement mechanisms currently available for Buckley. The Article concludes by urging Congress to reexamine Buckley's enforcement mechanisms and suggests an administrative remedy which would address the identified problems with existing enforcement mechanisms.
Lynn M. Daggett, Bucking Up Buckley II: Using Civil Rights Claims to Enforce the Federal Student Records Statute, 21 SEATTLE U. L. REV. 29 (1997).