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
  A student from San Francisco State University and one from CSU San Bernardino, purportedly acting on behalf of a class of all CSU students, have filed suit challenging the July 2009 general student university fee increase and the May 2009 Graduate Business Professional fee, both of which were imposed in the Fall 2009 term. The plaintiffs' application for preliminary injunctive relief to bar collection of these fees was denied.



• Supreme Court To Hear Case Challenging In-State Tuition
  On December 23, 2008, the California Supreme Court agreed to decide Martinez v. Regents, et al., the case that challenges the legality of AB 540 (now Education Code section 68130.5). AB 540 allows students, including undocumented immigrants, who have attended California high school for at least three years, to pay in-state tuition at the California State University, the University of California and the California Community Colleges. Oral argument has not yet been scheduled.

• 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

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 - "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 Recordkeeping 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 Constutionality 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