Login
Home  |  Legal Resources  |  Publications

Cases & Developments

FILTERS

Find by DATE
Reset

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 & Finances

  • Date:

    Hansen, et al., v. Northwestern University et al., (N.D. Ill. Sep. 24, 2025)

    Opinion and Order Granting Defendants’ Motion to Dismiss. Plaintiffs, a putative class of alumni from forty universities, sued the universities and the College Board under section 1 of the Sherman Act alleging defendants had engaged in concerted action by requiring any applicant to provide noncustodial parent (“NCP”) financial information, which in turn substantially increased plaintiffs’ costs to attend college. In dismissing the plaintiffs’ antitrust claim, the court held that while plaintiffs had plausibly alleged “parallel conduct,” they had failed to plausibly allege the parallel conduct was reflective of an agreement among defendants to fix prices. The court further reasoned that nothing in the complaint suggested defendants had exchanged internal financial aid decision-making processes or guidelines, shared the amount of financial aid they planned to offer a particular student, or agreed on the same formula for calculating financial aid based on the NCP financial information. The court dismissed plaintiffs’ complaint without prejudice.  

    Topics:

    Antitrust | Financial Aid, Scholarships, & Student Loans | Students | Taxes & Finances

  • Date:

    Martinson v. National Collegiate Athletic Association (D. Nev. Sep. 18, 2025)

    Order Granting Plaintiff’s Motion for Preliminary Injunction. Plaintiff, a student athlete at the University of Nevada, Las Vegas, (UNLV) sued the NCAA arguing the NCAA’s “Five-Year Rule,” which capped plaintiff’s playing eligibility to a maximum of two or three seasons due to his prior playing time at a junior college, was a violation of the Sherman Antitrust Act. In granting plaintiff’s preliminary injunction, the court held that (1) plaintiff was likely to succeed on the merits, (2) plaintiff would suffer immediate and irreparable harm in being disqualified for the 2025-2026 season, noting that in addition to losing his spot on the football team, he would also lose “time-sensitive, unparalleled, and incalculable career opportunities” and (3) enjoining anticompetitive eligibility rules “serves a compelling public interest of increased participation and competition in the competitive football services labor market.” The court also granted plaintiff’s request to enjoin the NCAA’s Rule of Restitution, in order to prevent the NCAA from punishing the plaintiff, either directly or indirectly by punishing any institution for which he plays.  

    Topics:

    Antitrust | Athletics & Sports | Athletics Compliance & NCAA Rules | Student Athlete Issues | Students | Taxes & Finances

  • Date:

    Department of Education Dear Colleague Letter on Updated Requirements for Distribution of Voter Registration Forms and Federal Work Study Allowable Uses of Funds (Aug. 19, 2025)

    The Department of Education (the Department) issued a Dear Colleague Letter (DCL) detailing updated requirements for distribution of voter registration forms and allowable uses of federal work study (FWS) funds. The DCL states that the Department’s regulations prohibit FWS funds from being used to employ students whose work involves any partisan or nonpartisan political activity. The letter explains that “jobs involving partisan or nonpartisan voter registration, voter assistance at a polling place or through a voter hotline, or serving as a poll worker—whether this takes place on or off campus—involve political activity.” While past guidance from the Department expanded the allowable uses of FWS funds related to voter registration, the Department has now rescinded that guidance and encourages institutions to employ students in jobs that align with real-world work experience related to a student’s course of study. The DCL further states that institutions who distribute voter registration forms are encouraged to consider reminding students of the eligibility requirements to register to vote and cast ballots, and are encouraged to “remain mindful of their existing obligations under the law to avoid aiding and abetting voter fraud, such as actions to aid and abet a noncitizen to vote in a federal election.” 

    Topics:

    Financial Aid, Scholarships, & Student Loans | Students | Tax Implication of Campus Political Activity | Taxes & Finances

  • Date:

    Department of Education Foreign Funding Investigation into the University of Michigan (Jul. 15, 2025)

    The U.S. Department of Education (the Department) announced that it has opened an investigation into the University of Michigan following a review of the University’s reports pursuant to Section 117 of the Higher Education Act of 1965 (20 U.S.C. §1011f), alleging inaccurate and incomplete disclosures. The Department, requested that the University provide with tax records, a written narrative of the University’s procedures related to compliance with Section 117’s foreign funding disclosure requirements, a copy of each written agreement with a foreign government, foreign educational institution, foreign non-government entity, or foreign corporate entity relating to international student admissions, detailing the participation of non-U.S. individual or entities in university or university-affiliated research collaborations, identification of all university personnel and contract personnel involved in the university’s assistance and/or efforts related to F-1 Student Visa, work permits, and travel for international students, faculty, and other personnel, identification of all involved in bilateral or multilateral research collaborations with non-U.S. research institutions, identification of all university personnel responsible for the oversight and/or administration of the university’s compliance with federal Foreign Government Talent Recruitment Program restrictions, and, all foreign gifts, grants, and contracts between the University and any foreign source. The time frame for these requests is from January 1, 2020, through the present.  

    Topics:

    Contracts | Employment of Foreign Nationals | Endowments & Gifts | External Investigations | Faculty & Staff | Grants, Contracts, & Sponsored Research | Immigration | International Students | International Ventures | Investigations | Research | Taxes & Finances

  • Date:

    One Big Beautiful Bill Act Signed into Law (July 04, 2025)

    On July 4, 2025, President Donald J. Trump signed into law the One Big Beautiful Act (H.R. 1), effectuating a significant legislative overhaul of federal higher education policy, student financial aid, and related tax and entitlement programs. The statute enacts broad modifications across Pell Grant eligibility, federal student loan programs, institutional accountability standards, endowment tax restructuring, and introduces extensive changes to the Medicaid program. 

    Topics:

    Endowments & Gifts | Financial Aid, Scholarships, & Student Loans | Students | Taxes & Finances

  • Date:

    U.S. House of Representatives Passes the One Big Beautiful Tax and Spending Bill (May 22, 2025)

    The U.S. House of Representatives passed the “One Big Beautiful Bill” with a vote of 215 to 214. The tax package provisions that would impact postsecondary institutions the most include (1) limiting Pell eligibility; (2) eliminating subsidized student loans; (3) eliminating Grad PLUS and restricting Parent PLUS loans; (4) imposing new limits on federal aid; (5) reducing forbearance and deferment options; (6) modification of the endowment tax; (7) impact on charitable giving; (8) expansion of tax on executive compensation; and (9) social security number requirement for tax credits. It now moves to the Senate with hopes of passing by July 4, 2025, though it may occur later in the summer.  

    Topics:

    Endowments & Gifts | Financial Aid, Scholarships, & Student Loans | Students | Taxes & Finances

  • Date:

    ACE Letter Opposing the Reconciliation Package (May 21, 2025)

    The American Council on Education (ACE) sent a letter to the U.S. House of Representatives expressing strong opposition to the reconciliation package under consideration by the House. It states that if enacted, the bill would put college out of reach of hundreds of thousands of students, significantly increase the costs for remaining students, and weaken America’s ability to compete with global rivals “by undermining the academic and research system that has driven our economy for decades.” The letter also expresses concern about the proposed changes to student aid programs, the availability of federal student loans for graduate students, new and increased taxes imposed on institutions of higher education, and significant cuts to other programs supporting millions of postsecondary students nationwide. In addition to the proposed cuts in student aid and harmful tax provisions, the letter express concern about the deep cuts to Medicaid, as the Congressional Budget Office projects that millions of Americans could lose coverage, which in turn may reduce state support for public higher education, thus increasing pressure on campus health systems and teaching hospitals and limit access to care for millions of low-income students who rely on Medicaid. 

    Topics:

    Endowments & Gifts | Financial Aid, Scholarships, & Student Loans | Students | Taxes & Finances

  • Date:

    Faculty Discipline Trends in Higher Education Report from the College and University Professional Association for Human Resources (May 19, 2025)

    The College and University Professional Association for Human Resources (CUPA-HR) published its new research report titled “Two Decades of Change: Faculty Discipline Trends in Higher Education.” It includes a number of interactive graphs and presents findings on how the higher education faculty workforce has changed over the past twenty years, what disciplines have emerged as frontrunners in hiring, and salaries throughout disciplines. Some key findings from the report include data that the disciplines of Health Professions and Business experienced the most growth in number of faculty over the past 20 years, with Business ranking among the top four highest-paid disciplines every year for the past nine years. It concludes by recommending that colleges and universities (1) work to annually adjust salaries to keep up with inflation; (2) continuously evaluate programs to ensure offerings meet the needs of student populations; and (3) consider how they can better convey the value of liberal arts and humanities degrees and courses to students, employers, and society at large. 

    Topics:

    Compensation & Benefits | Taxes & Finances

  • Date:

    U.S. Department of Education Updated Foreign Gift and Contract Data (May 9, 2025)

    U.S. Department of Education’s Office of Federal Student Aid (the Department) posted updated information about foreign gifts and contracts reported by institutions of higher education (IHEs) as of February 28, 2025. The data shows more than 529 additional foreign gift and contract transactions valued at approximately $290 million since the Department’s last data release from the July 31, 2024, reporting period. The post states that over 269 IHEs self-reported transactions greater than 131 countries, noting the IHEs reporting the largest total dollar amounts included Harvard University, Stanford University, University of California, Berkeley, University of California, Los Angeles, and Yale University. The Department reported that the largest dollar amounts were sourced from Canada, Hong Kong, Japan, Norway, and Saudi Arabia.  

    Topics:

    Contracts | Endowments & Gifts | Grants, Contracts, & Sponsored Research | International Ventures | Research | Taxes & Finances

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.

Register