| February 16, 2007 Dean Kenneth B. Davis, Jr. Dean of University of Wisconsin Law School 975 Bascom Mall Madison, WI 53703 Cc: Walter J. Dickey Dean of Academic Affairs 975 Bascom Mall Madison, WI 53703 |
| Dear Dean Davis, |
| We are writing in regards to the offensive remarks made by Professor Leonard Kaplan during his Legal Process class on February 15, 2006. The following remarks were made in the context of Professor Kaplan's lecture on the Langdellian method and American Jurisprudence: |
| 1) "Hmong men have no skills other than killing." Professor Kaplan then commented that Hmong men's only roles are as warriors and killers. The implication is that Hmong men contribute little or nothing to civil society. This comment is particularly detrimental considering current events and the environment in which the comment was made. In light of the ChaiVang case in the north wood of Wisconsin, hate crimes against the Hmong community and the recent homicide of Cha Vang in Marinette, it is obvious that the stereotype of a Hmong man is that of violent, lawless, and ignorant. Furthermore, Professor Kaplan made the comment in a classroom full of undergraduates and law students, many of whom have had little or no contact with the Hmong community. These comments frame these students' future interaction with members of the Hmong community, and will most likely taint their perspectives. 2) Professor Kaplan also implied that Hmong women were better off with Hmong men dead. He stated, "What do you think happened after ten years? The Hmong men started to die and women started to do better. Women did handicrafts and other things." This is particularly degrading considering the view of Hmong women and men it projects. It implies that Hmong women are nothing more than handicraft makers. Like Professor Kaplan's previous comment, this comment also makes explicit that Hmong men contribute nothing to society and in fact are detrimental to the health and welfare of their families. 3) Among the mischaracterizations of Hmong culture that Professor Kaplan espoused was that a Hmong man would go and buy himself a wife. What Professor Kaplan characterized as a purchase is actually a dowry. Professor Kaplan further stated that the husband probably thought he spent too much. 4) Professor Kaplan also stated that the second generation of Hmong-Americans was involved in gangs and in crimes. He further stated that this is prevalent among ALL Hmong immigrants of the second generation. 5) Professor Kaplan also lamented that the state department did not relocate the Hmong refugee population to the Colorado mountains as they were mountain people and thus more likely to fit into Colorado as opposed to Wisconsin. |
| These comments generate a racially hostile learning environment by promoting racial stereotypes and misinformation about the Hmong community, their cultural practices and their history. Such racial stereotyping and inaccurate portrayal of a minority group harm all students in this law school. The creation of such an environment should not be acceptable to any administration. |
| In this context, some may argue that we are trying to censor academic freedom of speech. As students, we understand that academic freedom of speech is integral to a dynamic learning environment. However, we do not believe that Professor's Kaplan's comments are a legitimate exercise of academic free speech. These comments were unsupported by academic research done by Professor Kaplan. Furthermore, they were irrelevant to the topic of formalism, American jurisprudence and legal process. These racial stereotypes and misinformation cannot be defined as academic freedom of speech simply because they were made in a classroom by a professor. |
| We cannot accept the racially hostile environment created by these comments. Therefore, we ask that Professor Kaplan apologize to the class, acknowledging the stereotypes they promote and their inaccuracies. In light of these comments, the events affecting the Hmong community in Wisconsin and the University of Wisconsin's imperative to promote as open a learning environment as possible, we ask that the administration take proactive and concrete steps to prevent the occurrence of intolerant or racist acts and the environment which fosters them. |
| Should you have any questions, please contact us. |
| UW Law Students |