Law Professor Addresses Hmong Controversy

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updated Mar 22, 2011

By Author - LawCrossing

12/12/07

Kaplan's alleged remarks, "Hmong men have no skills other than to kill" and "All second-generation Hmong end up in gangs and other criminal activity," deeply upset Hmong students when he allegedly uttered them in class on February 15. They were then circulated by email by UW graduate student KaShia Moua. However, while Kaplan admits he made certain statements about Hmong men, he says he in no way meant to suggest that Hmong men are violent.

"My comments were misreported in the student email correspondences that became public and were published in the local press," said Kaplan. "As a result, the distorted view of my February 15 class became national news."

"My class on February 15 was intended to be sympathetic to the Hmong people. I still am," he added.

The meeting drew almost 300 people and was closed to the public. Regarding Kaplan's report students asked the Rotary Club to "keep in mind that there is another side to the story. We ask that you critically evaluate the information Mr. Kaplan will present."

During the meeting Kaplan stressed two points. One was that during his February 15 class he tried to discuss how a formalist legal system could negatively affect immigrant groups.

"To highlight the problem of unjust formalism in my class of February 15, I brought up the difficulties that liberal states have with absorbing and integrating newly immigrant cultures, not always successfully," said Kaplan.

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He also stressed that sometimes the truth hurts.

"Sometimes you do harm to people's sensitivity by speaking the truth. I offer my remarks here in the Rotarian spirit of doing no harm, or as little harm as possible, but recognizing that truth, like learning, may sometimes be painful."

"The law inevitably must resolve questions that many find offensive," Kaplan said. "If law professors avoid these questions, they no longer teach law."

Not all students have sided against the law professor, however. One of Kaplan's former students stated, "Of all the people who taught me at UW-Madison, you, Professor Kaplan, contributed the most to what I feel I am able to do when I go into the courtroom and when I face difficulties."

The University of Wisconsin-Madison, founded in 1848, is located in Madison, Wisconsin, and currently enrolls 41,466 students.


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