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Responsibility, Lawyering, Justice, David Mcgowan
Responsibility, Lawyering, Justice, David Mcgowan
Faculty Scholarship
Between 1942 and 1946, approximately 112,000 persons of Japanese ancestry were ordered to leave their homes and were transported to internment camps where they were held under armed guard. Four cases litigated before the United States Supreme Court dealt with orders related to this policy: Hirabayishi v. United States, Yasui v. United States, Korematsu v. United States, and ex parte Endo. Property deprivation related to internment was at issue in Oyama v. California. This note discusses whether the Solicitor General of the United States violated a duty of candor in Hirabayashi and Yasui or in Korematsu. That question requires analysis …
Historical Disproportional Placement Of Students In Special Education Based On Race And Ethnicity, Margaret A. Dalton
Historical Disproportional Placement Of Students In Special Education Based On Race And Ethnicity, Margaret A. Dalton
Faculty Scholarship
This commentary, presented at the Practicing Law Institute in San Francisco on September 12, 2022, takes a look back at the 1970s, when the 9th Circuit Court of Appeals attempted to remedy the disproportionate placement of black students into isolated special education classrooms. As a result of legal challenges, the 9th Circuit granted an injunction to halt the practice of placing students in classrooms for the "educable mentally retarded" based solely on IQ tests. The challenge since that time has been how to identify and use culturally sensitive testing to determine ability levels, when some states, including California, forbid the …