The Chinese American Challenge to Court-Mandated Quotas in San Fr
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: The Chinese American Challenge to Court-Mandated Quotas in San Fr
The Chinese American Challenge to Court-Mandated Quotas in San Fr
University of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Fr-Mandated Quotas in San Francisco's Public Schools: Notes From a (Partisan) ParticipantobserverDavid 1. LevineL’C Hastings College of the Law, levined(Ịĩ uchastings.eduFollow this and additional works at: http://repository.uchastings.edu/faculty_scholarshipCf Part of the Civil Rights and Discriminat The Chinese American Challenge to Court-Mandated Quotas in San Frion CommonsRecommended CitationDavid 1. Levine, lhe Chmeie AnteriiM Challenge to Court-Mandated Quotes lit Site Fnincisco's Publie Scftwls.- Ni»r« FroThe Chinese American Challenge to Court-Mandated Quotas in San Fr
m «1 (Partisan) Participant-Observer, 16 Han BlacLLetter LỊ. 39 (2000).Available at: http;X/repThe Chinese American Challenge to Court-Mandated Quotas in San Fr
a (Partisan) Participant-ObserverOriginally published in HARVARD BLACKLETTER LAW JOURNAL. This article is reprinted with permission from HARVARD BLACUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Frrtisan) Participant-ObserverDavid I. Levine"I. INTRODUCTIONSince 1994, 1 have been involved in a high-profile lawsiiit, Ho V. San Francisco Unified School District.* 1 This suit challenges the constitutionality of a 1983 consent decree mandating quotas on the assignment of children to all public sch The Chinese American Challenge to Court-Mandated Quotas in San Frools in San Francisco on the basis of their race or ethnicity.2 As one of the first suits brought by Asian Americans against a court-ordered desegregaThe Chinese American Challenge to Court-Mandated Quotas in San Fr
tion plan,3 it has generated considerable scholarly4 and* Professor of Law, University of California, Hastings College of the Law; Co-counsel for plaiUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Frble attorneys of Gữard & Green LLP to represent the Ho plaintiffs. In this Article, however, the author is writing as a professor of law. All comments and conclusions expressed in this Article are tlve author's alone and should not be treated as stating any position on behalf of the Ho plaintiffs. G The Chinese American Challenge to Court-Mandated Quotas in San Fruard & Green LLP, or of Hastings. Because of the author's role as co-counsel, the discussion and comments are limited to matters in the public recordThe Chinese American Challenge to Court-Mandated Quotas in San Fr
or within the author's personal and unprivileged knowledge. Mark Aaronson, Vik Amar, Marsha N. Cohen, Daniel C. Girard, David J. Jung, Richard D. KahlUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Fr Yoo provided very useful suggestions and comments on earlier drafts of this Article. Mary Glennon, Stacy Tyler, and Adam Halpern have provided helpful research assistance in the preparation of this Article.1.965 E Supp. 1316 (N.D. Cal. 1997) (denying motion for summary judgment); 147 F.3d 854 (9th The Chinese American Challenge to Court-Mandated Quotas in San FrCữ. 1998) (establishing burden of proof at trial); 59 F. Supp. 2d 1021 (N.D. Cal. 1999) (approving settlement). Although it is commonly known as tireThe Chinese American Challenge to Court-Mandated Quotas in San Fr
"Lowell High School case," in fact, the Ho plain tiffs challenged the assignment plan for all of San Francisco's public schools. See infra notes 124-1University of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Fr brief, the consent decree recognized nine racial and/or ethnic groups and provided that no one group would constitute more than 45% of the enrollment at any San Francisco public school. The court described this as the "sine qua non" of the decree. Id. at 37. For other details of the decree, see inf The Chinese American Challenge to Court-Mandated Quotas in San Frra Part n.B.3.See, eg; Caitlin M. Liu, Beyond Black and White: Chinese Americans Challenge San Francisco's Desgregation Plan, 5 Asian L.J. 341,351 (19The Chinese American Challenge to Court-Mandated Quotas in San Fr
98) ("[T]he Ho case is surely a har-binger of greater difficulties to come in formulating any future race-conscious publicHeir.Onlir.elí Harv. BlackleUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Frcan People 291 (2000) ("The battleground over affirmative action is a prime example of how the purported opinions of Asian Americans were bandied about by white and black pundits as a prominent part of the debate, while the Asian American community7s voice was missing."); Paul Brest & Mữanda Oshige, The Chinese American Challenge to Court-Mandated Quotas in San Fr Affirmative Action for Whom?, 47 Stan. L. Rev. 855 (1995) (arguing for the consideration of many minority groups in analyzing who to indude in law scThe Chinese American Challenge to Court-Mandated Quotas in San Fr
hool's affirmative action program); Jim Chen, Diversity in a Different Dimension: Evolutionary Theory and Affirmative Action’s Destiny, 59 Onio St. L.University of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Frcial dynamic. The abolition of radal preferences has increased rather than decreased Asian-American access to that state's public universities. Seen in this light, die whole project reeks of a wildlife management plan for controlling 'exotics.'"); Jim Chen, Unloving, 80 Iowa L. Rev. 145,155 (1994) ( The Chinese American Challenge to Court-Mandated Quotas in San Fr"What I have written so far should shatter any illusion that American immigrants from Asia respond monolithically to whatever common legacy of discrimThe Chinese American Challenge to Court-Mandated Quotas in San Fr
ination they may share .... Looks do not equal voice."); Gabriel J. Chin et al., Beyond Self-Interest: Asian Pacific Americans Toward a Community of JUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Frsian Pacific Americans, then arguing, "The affirmative action debate affords APAs (Asian Pacific Americans] a unique opportunity to re-vision a multiracial democracy."); Daniel A. Farber, The Outmoded Debate Over Affirmative Action, 82 Cal. L. Rev. 893, 893 n.2 (1994) ("[T]he failure to focus suffic The Chinese American Challenge to Court-Mandated Quotas in San Friendy upon alternative minority groups is die single most serious weakness in the race literature."); Lance T. Izumi, Confounding the Paradigm: AsianThe Chinese American Challenge to Court-Mandated Quotas in San Fr
Americans and Race Preferences, 11 Notre Dame J.L. Ethics & Pub. Pol'y 121 (1997) (Asian Americans are "odd men out" in black/white paradigm); Jerry KUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Fr96) ("Dworkin's theory justifying affirmative action for certain minority groups ... can authorize what I call negative action against Asian Americans."); William c. Kidder, Situating Asian Pacific Americans in the Law School Affirmative Action Debate: Empirical Fads About Themstrom's Rhetorical Ads The Chinese American Challenge to Court-Mandated Quotas in San Fr, 7 Asian L.J. (forthcoming 2000) (manuscript at 48, on file with the author) (seeking a "more sophisticated understanding of how to situate APA law sThe Chinese American Challenge to Court-Mandated Quotas in San Fr
chool candidates in the larger meritocracy debate"); Michael Omi & Dana Y. Takagi, Situating Asian Americans in the Political Discourse on AffirmativeUniversity of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Fr of the affirmative action debate needs to be attentive to how distinct political positions socially construct and represent Asian Americans."); Frank H. Wu, Neither Black Nor White Asian Americans and Affirmative Action, 15 B.c. Third World L.J. 225 (1995); Harvey Gee, Comment, Changing Landscapes: The Chinese American Challenge to Court-Mandated Quotas in San Fr The Need for Asian Americans to be Included in the Affirmative Action Debate, 32 Gonz. L. Rev. 621, 626 (1996-1997) ("Since affirmative action can beThe Chinese American Challenge to Court-Mandated Quotas in San Fr
both harmful and helpful to Asian Americans, it is imperative that they be included in the debate."); Janine Young Kim, Note, Are Asians Black?: The University of California, Hastings College of the LawƯC Hastings Scholarship RepositoryFaculty Scholarship2000The Chinese American Challenge to Court- The Chinese American Challenge to Court-Mandated Quotas in San Fr a strange and contorted role in the affirmative action debate."); James Lindgren, Seeing Colors, 81 Cal. L. Rev. 1059,1082 (1993) (reviewing Andrew Kull, The Color-Blind Constitution (1992)) (considering "over-representation" of Jews at Ivy League schools, and noting a history of discrimination aga The Chinese American Challenge to Court-Mandated Quotas in San Frinst successful minorities); Stephan Themstrom & Abigail Themstrom, Reflections on The Shape of the River, 46 UCLA L. Rev. 1583,1629 (1999) (book reviThe Chinese American Challenge to Court-Mandated Quotas in San Fr
ew) ("[T]he cost of racial double standards in admissions is currently being paid by many Asian students.").Gọi ngay
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