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  • Expert Report of Albert M. Camarillo

    At the request of attorneys with Wilmer, Cutler & Pickering, the author has prepared this report which outlines the historical patterns and legacies of racial isolation and separation of Hispanics in American society. The research is based on archival collections, syntheses of secondary literature, and other primary sources such as U.S. government reports including Bureau of the Census population reports. Based on the author’s knowledge and research, this report outlines the historical developments that resulted in patterns of racial exclusion and isolation of Hispanics in the states and cities where they have settled since 1900. In particular, this report will discuss how residential, educational and occupational isolation of Hispanic Americans developed in the century after the first group of Hispanics-Mexican Americans-were incorporated into the United States in 1848.

  • Expert Report of William G. Bowen

    Higher education plays a unique role in our society. The obligation of a university is to the society at large over the long run, and, even more generally, to the pursuit of learning. Although this may seem amorphous, there is no escaping a university's obligation to try to serve the long-term interests of society defined in the broadest and least parochial terms, and to do so through two principal activities: advancing knowledge and educating students who will in turn serve others, within this nation and beyond it, both through their specific vocations and as citizens. Universities therefore are responsible for imparting civic and democratic values that are essential to the functioning of our nation.

  • Expert Report of Kent D. Syverud

    Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.

  • “Reverse Discrimination” and Higher Education Faculty

    In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that it is improper to assume that "reverse discrimination" occurs any time a Black candidate is chosen over a White candidate. If both are equally qualifed, no such claim exists. The term "reverse discrimination" is not neutral in tone and therefore should not be treated as f it is neutral in application. The author concludes that institutions of higher education must not allow fears of unfounded "reverse discrimination" claims to prevent them from hiring, promoting, and granting tenure to Black faculty.

  • Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights and the Native Hawaiian Sovereignty Plebiscite

    Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as constitutionality and the recognition of all interests involved. It proceeds to analyze various voting systems, administrative mechanisms, and constitutional doctrines, and concludes by using this analysis to design a process that balances democratic philosophies, public interests, and the interests of Native Hawaiians who want sovereignty.

  • Affirmative Action: Where is it Coming from and Where is it Going?

    A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. Matsuda

  • Law, Literature, and Contract: An Essay in Realism

    In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to lessen their formalistic nature to make contract rules more effective. Accordingly, the Article establishes that a law and literature analysis not only exposes flaws in the contract doctrine but demonstrates the need for a more flexible application of contract rules in cases involving race and gender disparity. Arguing that prejudicial behavior must be addressed and pre-empted in order to prevent its harmful effects in the formation of contracts, the Author again uses literature to develop a framework to remedy the biased conduct that leads to inequalities in contract formation.

  • Asian America’s Greatest Hits: A Review of Angelo Ancheta’s Race, Rights, and the Asian American Experience

    A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.

  • Striking the Rock: Confronting Gender Equality in South Africa

    This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime. The author argues that, although South African women have benefited from the global feminist endeavor, they have adopted the shape and substance of women's rights to accommodate conditions peculiar to South Africa. The Article concludes that this balancing of respect for indigenous culture and the ultimate goal of eradication of all forms of sexism provides the best means for women in South Africa to make progress in their quest for equal status in that society.

  • Children’s Rights and Family Autonomy in the South African Context: A Comment on Children’s Rights Under the Final Constitution

    This Article investigates the nature and extent of the protection granted to children's rights in the South African Constitution. It concludes that the child-centered approach of the Constitution entitles children, as independent actors, to certain fundamental rights. Acknowledging both the parent-centered nature of the existing South African legal framework and the entrenched support for practices, many rooted in indigenous law and tradition, that contribute to the oppression of children, the author argues that the constitutionalization of these rights will contribute to the betterment of children in South Africa, proving to be more than mere moral exhortation. Under apartheid in South Africa. children, who were treated only as objects of parental concern and not as independent actors, were left to the mercy of the state. As a result, they lost any claim to their fundamental rights. This Article argues that recognition of the inalienable rights of children, in fact and not just in the Constitution, is the critical step in improving children's lives and ensuring the future of a democratic South Africa. Specifically, constitutionalization provides a basis for challenging racially structured and parent-centered child welfare laws and practices.