Category Archives: Uncategorized

New Draft: Against Women’s Sports

I have posted a draft of my latest research, titled “Against Women’s Sports,” on SSRN. The piece asks us to critically examine the current norm of gender segregation in sports, regardless of the level and nature of the sport. I then suggest that some sports do not survive the constitutional standard of intermediate scrutiny, and that in any event we should think much more carefully about the existing norm of segregation than is our current practice.

A Few Memories

By now everyone has heard the heartbreaking news of Dan Markel’s untimely passing. Others have written eloquently about Dan’s intellectual gifts, his ability as a teacher, his scholarly contributions, and his commitment to mentorship. It is striking to me that the reaction is not only “this is a horrible tragedy” — which of course it is — but also “this simply cannot be.” Maybe one reason is that — particularly for those of us who entered legal academia in the past decade or so — there’s simply no such thing as legal academia without Prawfsblawg, without Dan’s larger-than-life presence in the blogosphere, without his generous feedback on papers, and without his ceaseless efforts to improve the legal academic community.

I didn’t know Dan anywhere near as long or as well as many of his colleagues did, and this post will be a small drop in the river of memories from people whose lives Dan touched. But for whatever it’s worth, I thought I would add a few of my own. Continue reading

Why Asian Americans Should Support Affirmative Action

Affirmative action in higher education remains one of the most contentious issues in America today. The U.S. Supreme Court considered affirmative action last term and will do so again this term.  California’s legislature recently considered a bill, SCA5, that would have paved the way for voters to overturn Proposition 209, the state’s existing ban on race-conscious admissions in higher education. Although the California Senate passed the bill, members of the House recently announced that the bill would not move forward in time for voters to consider it in 2015. But the issue remains very much alive in California and will likely be reconsidered for 2016.

The debate over affirmative action raises unique considerations for Asian Americans.  While research has shown that a substantial majority of Asian Americans support affirmative action, some vocal opponents of SCA5 have claimed the bill would have dramatic negative consequences for Asian Americans applicants.  These claims are unfounded.  Speaking both as a law professor who has taught in the UC school system and as a proud Asian American, I believe that Asian Americans should support SCA5 in the California legislature and affirmative action in higher education nationwide. Here are ten reasons: Continue reading