Hastings College of the Law in San Francisco is one of California’s top tier law schools. I probably wouldn’t be able to get in today. The school is named after Serranus Clinton Hastings, the first Chief Justice of California and the State’s third Attorney General. By 1870, Hastings had amassed significant wealth from various real estate ventures and become one of the largest landowners in California, mostly in Mendocino County.

Hastings College of the Law

Serranus Hastings wanted to establish the first law school on the West Coast of the United States and proposed doing so to the California Legislature. In response, the Legislature enacted a law “to create Hastings College of the Law in the University of the State of California”. The Law College was to be “forever known and designated as ‘Hastings’ College of the Law”. Hastings paid $100,000 into the State’s Treasury.

Should the College “cease to exist”, the State owed Hasting’s heirs $100,000 plus interest, which now amounts to about $1.7 Billion.

That’s the good news.

Atrocities Against Native Americans

In 2017, the San Francisco Chronicle published an article alleging that Serranus Hastings historically was involved “in fulminating violence and atrocities against Native Americans living in what is present-day Mendocino County”. In 2021, the New York Times published an article

saying Hastings “masterminded the killings of hundreds of Native Americans” after they had allegedly stolen his cattle. The Hastings board of directors shortly thereafter started to work with the California Legislature to enact legislation changing the name of the school to “College of Law, San Francisco”.

Hastings Family and Some College Alumni Challenge the Name Change

A College alumni association and various descendants of Serranus Hastings sued the State and Hastings College. They believed that the Legislation in changing the name breached a “binding written agreement between the State of California and S.C. Hastings and his descendants”. They argued that the legislation was a contract as opposed to an exercise of ordinary legislative powers.

Trial Court and Court of Appeal Rule Against Hastings

The trial court ruled in favor of the College who appealed to the First Appellate District Court of Appeal.

The Court of Appeal recently found that the Legislature did not intend to bind itself contractually, and even if it had, it lacked the authority to do so because states cannot bargain away their right to regulate “public matters and bodies”. The Legislature could not contract away sovereign authority to manage a public institution like the College. The school and the Legislature dodged a potential $1.7 Billion obligation.

Porter’s View on Changing Historical Names

I generally take a dim view of changing the name of monuments and institutions for alleged historical bad-doers in history. Boalt Hall, the name of Cal Berkley’s law school was changed because of a speech Boalt gave in 1877 that promoted slavery and the exclusion of Chinese immigration. Washington and Jefferson and most of our founding fathers had slaves.

Historical context is missing on some of these name changes. On the other hand, slaughtering Native Americans is hard to defend.

Jim Porter is a retired attorney from Porter Simon, formerly licensed in California and Nevada. Porter Simon has offices in Truckee California and Reno, Nevada. These are Jim’s personal opinions. He may be reached at jameslporterjr@gmail.com. Like Porter Simon on Facebook. ©2025