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Amicus Curiae Brief In Support Of Plaintiff-Appellees By Asian American Justice Center, Asian Law Caucus, Asian American Institute, Asian Pacific American Legal Center, Asian Pacific American Women Lawyers Alliance, Asian Pacific Islander Legal Outreach, Api Equality, California Conference Of The Naacp, Chinese For Affirmative Action, Coalition For Humane Immigrant Rights Of Los Angeles, Korematsu Center At Seattle University, Mexican American Legal Defense And Education Fund, And The Zuna Institute, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

Perry v. Hollingsworth

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Seattle University Law Review

While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.

Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio

Seattle University Law Review

This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, And Vietnamese American Bar Association Of Washington, Lorraine K. Bannai, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Civil Rights Amicus Brief Project

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

Faculty Articles

No abstract provided.

Asian Americans And The Road To The White House: Musings On Being Invisible, Robert S. Chang

Faculty Articles

In October 1993, the Asian Law Journal published its inaugural issue, featuring its first article entitled "Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space." I ASIAN L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law Journal) launched only the second law journal in the United States dedicated to Asian American Jurisprudence. The author of this landmark article is none other than Professor Robert S. Chang, one of the most recognized figures in Asian American Jurisprudence and Critical Race Theory. To celebrate the fifteen years since the publication of …

Rock Climbing With The Gotandas, Robert S. Chang

Faculty Articles

No abstract provided.

Keynote Address, Dean Spade

Faculty Articles

This article challenges the traditional methods taken by progressive lawyers and activists. It argues that superficial changes to a marginalizing system simply create “window dressing” that serves to reinforce the status quo. This article is a provocative call to radicalize legal practice, to be critical of all movements, and always question who is being excluded. It highlights that what may appear like making things better may actually be a contribution to the legitimization of the system that one intends to challenge.

Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen

Faculty Articles

The notion of a colorblind society captured the imagination of voters who passed propositions banning affirmative action in higher education admissions in California, Washington, more recently in Michigan, and on November 4th, in Nebraska. Affirmative action is no longer required, proponents assert, because society no longer judges people by their skin color. They argue that the need for affirmative action is a vestige of a bygone era, and such a policy only creates resentment and stigma. This paper confronts the colorblind ideal myths of stigma and resentment, which appear at much greater rates in anti-affirmative action states. In analyzing data …

Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Robert S. Chang, Adrienne D. Davis

Faculty Articles

This exchange of letters picks up where Professors Adrienne Davis and Robert Chang left off in an earlier exchange that examined who speaks, who is allowed to speak, and what is remembered.' Here, Professors Davis and Chang explore the dynamics of race, gender, and sexual orientation in the law school classroom. They compare the experiences of African American women and Asian American men in trying to perform as law professors, considering how makeup and other gender tools simultaneously assist and hinder such performances. Their exchange examines the possibility of bias that complicates the use of student evaluations in assessing teaching …

The Alienage Spectrum Disorder: The Bill Of Rights From Chinese Exclusion In Guantanamo, Won Kidane

Faculty Articles

The fundamental notion that increased ties to the polity of the United States would entitle an alien to better rights is deeply-rooted in the jurisprudence. Ordinarily, these rights tend to strengthen as one moves forward from the beginning of the spectrum, which might involve the most attenuated contact, as in the case of enemy aliens detained by United States military in a foreign land or an overseas visa applicant, to the end of the spectrum, which might involve a United States citizen. While this seems to make perfect sense, this article argues that a closer examination of the century-old jurisprudence …

Pretext In Peril, Natasha T. Martin

Faculty Articles

This Article addresses the connections among substance, procedure, and equality in the American workplace. Exploring the deepening struggle for plaintiffs under Title VII of the Civil Rights Act of 1964, this Article seeks to add clarity to an enduring quandary—why does Title VII fail to combat the prejudicial disparate treatment it was designed to eradicate? This Article offers a critique of the hardships shouldered by plaintiffs in proving contemporary workplace discrimination.

Challenging the seemingly unfettered discretion of the courts in evaluating claims of workplace bias, this Article pursues the interplay of procedural and substantive law to expose how courts "chip …