The National Women’s Studies Association recently joined the American Studies Association in resolving to boycott Israeli institutions; similar resolutions are now being considered by the American Anthropological Association and the American Historical Association. Eugene Kontorovich argues that these boycotts may violate the law:
Academic associations’ boycott actions may be invalid under the ultra vires doctrine of corporate law. That rule limits a corporation from acting beyond its chartered purposes. In the modern era, ultra vires has little relevance for regular, . . . for-profit companies. However, it still matters for non-profits, which often specifically limit their activities and goals in their constitutions. Such constitutional limitations are binding, and corporate actions that go beyond the express constitutional powers and purposes can be [prohibited by the courts]. . . . [M]ost scholarly associations’ constitutions dedicate them solely to advancing knowledge and research in their field. Such purposes not only fail to authorize boycotts but also exclude them.
Read more on Washington Post: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/12/02/academic-israel-boycotts-can-violate-corporate-law