Current Legal Developments

The purpose of this site is to highlight current legal developments that significantly affect the California State University or higher education.

• CSU Fee Increases Challenged
  Six students, purportedly acting on behalf of a class of all CSU students, filed suit challenging the May and July 2009 general student university fee increase, the non-resident fee, and the Graduate Business Professional fee, all of which were imposed in the Fall 2009 term. In January 2011, the court certified five students to represent two subclasses: (1) students enrolled on all CSU campuses (except San Luis Obispo, Stanislaus, East Bay and Pomona) who were charged for the Fall term and later required to pay an additional fee increase, and who did not receive financial aid that offset the increase; and (2) graduate business professional students who were charged fees that did not include the Graduate Business Professional Fee and later charged that Fee, and who did not receive any statutory fee waiver. Class members are currently being notified, and will be provided an opportunity to "opt out" of the class, if they so choose.

• NACUANOTES - "NEW TITLE II REGULATIONS REGARDING DIRECT THREAT: DO THEY CHANGE HOW COLLEGES AND UNIVERSITIES SHOULD TREAT STUDENTS WHO ARE THREATS TO THEMSELVES?"
  – November 1, 2011
• NACUANOTES - "FROM TINKER TO TWITTER: MANAGING STUDENT SPEECH ON SOCIAL MEDIA" – March 16, 2011
• NACUANOTES - "GENES AT WORK - NOTHING TO BE CASUAL ABOUT"
  – March 9, 2011

The following items have been moved into Archives because they were issued some time ago. While most of the information is likely still current, please check with your University Counsel before relying on any advice from these items.


• NACUANOTES - "EXPORT COMPLIANCE DURING THE VISA APPLICATION PROCESS" – February 11, 2011
• NACUANOTES - "PEER-TO-PEER FILE SHARING REQUIREMENTS OF THE HIGHER EDUCATION OPPORTUNITY ACT" – July 22, 2010
• NACUANOTES - "THE TITLE IX IMPLICATIONS OF ELIMINATING AN INTERCOLLEGIATE SPORTS TEAM" – June 22, 2010
• NACUANOTES - "TELECOMMUTING: FROM HERE TO THERE; FROM THERE TO HERE, LEGAL ISSUES TO BEWARE" – May 25, 2010
• NACUANOTES - "E-VERIFY: Compliance for College and University Federal Contractors " – January 20, 2010
• NACUANOTES - "Foreign Faculty in H-1B Status: Understanding the Basics" – November 10, 2009
• NACUANOTES - "International Academic Travel and U.S. Export Controls" – August 28, 2009
• NACUANOTES - "FERPA and Campus Safety" – June 19, 2009
• NACUANOTES - "Whose Room is it Anyway? Lawful Entry and Search of Student Dormitory Rooms" – January 21, 2009
• NACUANOTES - "Liability for Sexual Assault by College Athletes under Title IX" – November 7, 2008
• NACUANOTES: "Preparing for E-Discovery" - February 22, 2008
• Safe Schools and FERPA - October 30, 2007
• NACUANOTES: “FERPA and Campus Safety” - August 6, 2007
• NACUANOTES: OFCCP “Internet Applicant” Data Collection and Record keeping Rule - February 6, 2007
• ACE: Revised White Paper on Copyright and Potential Student Liability for P2P File Sharing on University Networks (.pdf)
  - November 8, 2006
• NACUANOTES: "The Constitutionally and Current Status of the Solomon Amendment" - August 31, 2006
• NACUANOTES: "Student Criminal Background Checks"
  - March 10, 2006
• NACUANOTES: "Changes to the Alien Worker Labor Certification Process" - March 24, 2005
• NACUANOTES: "Copyright, Peer-to-Peer File Sharing and DMCA Subpoenas" - November 6, 2003