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Latest Cases & Developments
Date:
Hastings Coll. Conservation Comm. v. State of California (Cal. App. Oct. 15, 2025)
Opinion Affirming Order Sustaining a Demurrer Without Leave to Amend. Plaintiffs, the Hastings College Conservation Committee and several descendants of S.C. Hastings, sued the State of California and the board of the College of Law, San Francisco alleging that A.B. 1936, a state law that changed the college’s name and removed a requirement that reserved a board seat for an heir or representative of S.C. Hastings, violated various provisions of the California and U.S. Constitutions. On appeal, the court affirmed the trial court’s order finding A. B. 1936 (1) was not a bill of attainder because it did not “inflict punishment” on the plaintiffs; (2) was not an ex post facto law because it was not a criminal statute, nor was it “‘so punitive either in purpose or effect as to negate [the State’s] intention’ to deem it ‘civil.’”; and (3) did not violate the California constitutional provision regarding collegiate freedom because the college’s board invited the change, and thus, it was not politically motivated.
Topics:
Contracts | Contracts Administration | Endowments & Gifts | Taxes & FinancesDate:
OFCCP Letter on Federal Contractor Executive Order Compliance (Jun. 27, 2025)
U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) issued a letter to federal contractors seeking voluntary disclosures on Executive Order (EO) compliance. The letter states that pursuant to Executive Order14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” OFCCP “is no longer allowing federal contractors to engage in workforce balancing based on protected characteristics or requiring federal contractors and subcontractors to take ‘affirmative action.’” The letter requests that contractors “examine their previous affirmative action plans or efforts . . .[and] provide information demonstrating that they have discontinued these practices.” The letter provides examples of practices that contractors may consider in their voluntary submission, such as mandatory trainings, development programs, placement goals, ratings by diversity organizations, and mandated courses or programs with a focus on racial stereotypes. Instructions for submitting a voluntary disclosure are available through OFCCP’s Contractor Portal, and federal contractors have 90 days from the date of the letter to voluntarily disclose their compliance efforts.
Topics:
Contracts | Contracts Administration | Governance | Government Relations & Community AffairsDate:
The Pa. State Univ. v. Alpha Upsilon of the Fraternity of Beta Theta Pi, Inc., (Pa. Super. Ct. Oct. 18, 2023)
Order affirming judgment in favor of the University. Plaintiff, The Pennsylvania State University, sued Alpha Upsilon Chapter of Beta Theta Pi Fraternity (Fraternity) for specific performance to exercise its right to repurchase a parcel of property after the Fraternity was suspended. In 1894, the University conveyed land to the Fraternity to construct a chapter house for use by active members. In 1928, the University repurchased the first parcel, and conveyed a second parcel for the same purpose via the “1928 Deed.” The 1928 Deed preserved the University’s right to repurchase, should the Fraternity cease to operate a house, occupied by active members. In 2017, after a member died from alcohol-related hazing activity, the Fraternity was suspended by its national organization, and the University required tenets to vacate the chapter house. The University investigated the alleged hazing and then revoked its recognition of the Fraternity for five years. Thereafter, the Fraternity refused to resell the property to the University, which sued. After the University prevailed in the trial court, the Fraternity appealed. The appellate court affirmed, finding that the mere potential of future recolonization and occupancy of the property by an alum’s non-member child did not constitute use under the 1928 Deed, thus triggering the University’s right to purchase the Property.
Topics:
Contracts | Contracts Administration | Hazing | Real Property, Facilities & Construction | Student Organizations | StudentsDate:
U.S. Dep’t of Defense. GSA, and NASA Interim Rule Prohibiting TikTok (June 2, 2023)
U.S. Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Interim Rule prohibiting TikTok on information technology used by Government Contractors. This Interim Rule implements the No TikTok on Government Devices Act included in the Consolidated Appropriations Act, 2023. The Rule amends the Federal Acquisition Regulation to include contract language providing that Government Contractors are “prohibited from having or using [TikTok] on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees.” The Interim Rule is effective immediately. Comments are due on or before August 1, 2023.
Topics:
Contracts | Contracts Administration | Cybersecurity | Technology
NACUA Annual Conference
Join us in the Music City June 29 – July 2 to connect, learn, and lead alongside higher education attorneys shaping policy, practice, and impact nationwide together.