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Abstract

Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third parties from harm. Finally, Part IV considers and ultimately rejects the application of a Tarasoff-like duty to protect in the context of university rampage killings. Part V concludes that imposing upon universities a duty to prevent rampage killings would accomplish little, and cause great harm.

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