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LAM v. UNIVERSITY OF HAWAI`I

No. 91-16587.

40 F.3d 1551 (1994)

Maivan LAM, Plaintiff-Appellant, v. UNIVERSITY OF HAWAI`I; Albert Simone, in his capacity as President of the University of Hawai`i; and Jeremy Harrison, in his capacity as Dean of the Richardson School of Law, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 19, 1992.

Resubmitted April 12, 1993.

Submission Deferred February 17, 1994.

Resubmitted May 26, 1994.

Decided October 11, 1994.

As Amended November 21 and December 14, 1994.

Attorney(s) appearing for the Case

Catherine Fisk, Los Angeles, CA, for plaintiff-appellant.

Steven S. Michaels and Warren Price III, Atty. General's Office, Honolulu, Hawai`i, for defendants-appellees.

Carin Ann Clauss, Madison, WI, and Joan E. Bertin, Isabelle Katz Pinzler, New York City, for amici curiae American Civ. Liberties Union, Asian American Legal Defense and Education Fund, Asian Law Caucus, Asian Pacific American Legal Center, Center for Constitutional Rights, Equal Rights Advocates, Nat. Conference of Black Lawyers.

Before: BROWNING, NORRIS and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Professor Maivan Clech Lam, a woman of Vietnamese descent, claims that the University of Hawai`i's Richardson School of Law ("the Law School") discriminated against her on the basis of her race, sex and national origin both times she applied for the position of Director of the Law School's Pacific Asian Legal Studies Program. Lam first applied for the directorship during the Law School's 1987-1988 hiring search (the "first search") and became...

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