This Comment examines issues of charitable fiduciary enforcement in the context of private universities. Part I reviews the law of charitable entities, the rationale behind attorney general charitable enforcement, and the failures of that enforcement regime. It also examines generally the private charitable enforcement options of special interest standing and nonprofit member derivative suits. Part II examines these issues in the context of the private university, and details why student attempts to enforce the fiduciary duties of university administrators under the special interest doctrine have failed. Part III argues for the judicial recognition of a university student derivative cause of action under the precedent of Stern v. Lucy Webb Hayes National Training School. Because university students are analogous to nonprofit corporation members and allow them to bring derivative suits to enforce the fiduciary duties that university presidents and trustees owe to the school.
Kusiak, Sarah R. “Case for A.U. (Accountable Universities): Enforcing University Administrator Fiduciary Duties through Student Derivative Suits.” American University Law Review 56, no. 1 (October 2006): 129-176.