Legislation to change UC Hastings name will be introduced later this month

Legislation to change UC Hastings College of the Law to a name that aligns with other law schools within the University of California system, as well as dropping reference to the school's founder, is scheduled to be introduced before Feb. 18.

The UC Board of Regents are reportedly on standby to hasten the name change should the bill be challenged.

"We think this issue -- which is a state concern -- is something that the Legislature has the authority to do, and if not, then the board has the authority," said UC Hastings Chancellor and Dean David Faigman on Wednesday.

The proposed name change was approved in November by the Hastings' board and was in response to renewed scrutiny on the legacy of the school's founder and namesake, Serranus C. Hastings.

"I think there is no question that it will happen," Faigman said.

On Tuesday, a handful of California legislators -- including bill co-authors Assemblymember James C. Ramos, D-Highland, and Sen. Scott Wiener, D-San Francisco -- along with the Round Valley Tribal Council, Yuki Indian people and Hastings issued a joint statement.

"UC Hastings College of the Law must be renamed," the statement said. "Serranus Hastings, for whom the college is named, committed genocide against the Round Valley Indian Tribes and Yuki people."

"The Hastings name is a scar on this respected law school, and it must be removed," the statement added.

Assemblymember Philip Y. Ting, D-San Francisco, and Senators Bob Hertzberg, D-Van Nuys, and Tom Umberg, D-Santa Ana, joined the statement.

Hastings has turned out notable graduates, including former and deceased San Francisco Public Defender Jeff Adachi, Vice President Kamala Harris and Sharper Image founder Richard Thalheimer.

Faigman said he is unsure if anyone will formally challenge the bill but conceded some Hastings alumni have expressed disappointment about the proposed change.

In a recent column published in the Daily Journal, former California deputy attorney general and Hastings alumni Kris Whitten wrote that Hastings' name change by the Legislature and governor would be ineffectual because voter approval is required.

According to Whitten, California Supreme Court opinion in People ex rel. Hastings v. Kewen, 69 Cal. 215 (1886), "the court determined that since the college's founding in 1878, the state Constitution of 1879 (Cal. Const., Art. IX, Section 9) had granted the University of California autonomy from legislative interference with its core functions."

"Legislators can't pass directives to the board of directors, but the board could decide on its own and that's the whole point of having sovereignty," Faigman responded.

Whitten could not be reached for comment for this story.

Faigman also said legislators he conferred with informed him the name change could be achieved by amending Education Code 92200, which states: The law college founded and established by S. C. Hastings shall forever be known and designated as the Hastings College of the Law.

"I think that the board has already acted, so we expect legislation will be introduced, passed and will receive the governor's signature," Faigman said.

Asked about what's next if that doesn't happen, Faigman said: "I have consulted with University of California President Michael Drake, and President Drake has consulted and conferred with the Board of Regents, and I believe there is an alternative pathway."

Hasting's board has also weighed in on a new name.

"They strongly advocated and made it clear that they would like to use San Francisco," Faigman said. "We need to be careful to not create confusion. As we go forward, if San Francisco is in our name, we will be clear that the law school is not part of San Francisco School of Law."