1. Michael Omi and Howard Winant, Racial Formation in the United States: From the 1960s to the 1990s (New York: Routledge, 1994), pp. 128–32.

2. Barbara Franklin, "Boalt Hall Hit by Sit-in Strike," Daily Californian, March 21, 1978, p. 1.

3. Report of the Post-Bakke Committee, appointed July 31, 1978, appendix 8, "Diversity in First Year Classes, 1970–1978."

4. Franklin, "Boalt Hall Hit," p. 1 (emphasis added).

5. Ibid.

6. In addition to Regents of the University of California v. Bakke, 438 U.S. 265 (1978), see Washington v. Davis, 426 U.S. 229, 248 (1976).

7. See Bakke, p. 387 (Marshall, J., dissenting); Washington, p. 256 (Marshall, J., joining in dissent).

8. Omi and Winant, Racial Formation in the United States, pp. 133–34.

9. Ibid., pp. 134–35.

10. Ibid., p. 134.

11. Ibid., p. 113.

12. Ibid., p. 131.

13. Ibid., p. 130.

14. Dana Y. Takagi, The Retreat from Race (New Brunswick: Rutgers University Press, 1992), p. 46.

15. Nicholas Lemann, The Big Test (New York: Farrar, Straus, and Giroux, 1999), pp. 241–42.

16. Takagi, Retreat from Race, p. 46.

17. Ibid., p. 34.

18. Ibid., p. 53.

19. However, Asian Americans are caught in a double bind when universities attempt both to preserve high white enrollment and to maintain affirmative action. See Mari Matsuda, "We Will Not Be Used," 1 Asian Am. & Pac. Islands L. J. 79, 81 (1993): "When university administrators have secret quotas to keep down Asian admissions, this is because Asians are seen as destroying the predominantly white character of the university. Under this mentality, we can't let in all those Asian over-achievers and maintain affirmative action for other minority groups."

20. Sumi Cho, interview, July 10, 2000.

21. Takagi, Retreat from Race, p. 93.

22. Ibid., p. 128.

23. See, for example, John H. Bunzel and Jeffrey K. D. Au, "Diversity or Discrimination?—Asian Americans in College," 87 Public Interest 49–62 (spring 1987).

24. See James Gibney, "The Berkeley Squeeze: The Future of Affirmative Action Got to the University of California First," New Republic, April 11, 1988, pp. 15–17; see also Takagi, Retreat from Race, p. 115.

25. Takagi, Retreat from Race, p. 110.

26. Ibid., pp. 110–11.

27. An additional 8 percent or so of students admitted were categorized as "Other," "Foreign," or "Decline to state."

28. Takagi, Retreat from Race, pp. 154–55.

29. Tomas Rivera, the chancellor at UC Riverside, had been the first person of color to hold such a position.

30. Mike Gonzalez, "Dr. Tien Appointed U.C. Chancellor; Ford, Kadish Lobby for Influence," Cross Examiner, March 1990, p. 5. The Cross Examiner took the place of the long-defunct student newspaper, the Writ.

31. Dinesh D'Souza, "Sins of Admission," in Nicolaus Mills, ed., Debating A Y rmative Action (New York: Delta, 1994), pp. 230–36.

32. Chancellor Chang-Lin Tien, "Diversity in Higher Education," in Nicolaus Mills, ed., Debating A Y rmative Action (New York: Delta, 1994) pp. 237–46. Essay is based on keynote address, "The Mutuality of Excellence and Equity Conference," University of Southern California, March 31, 1991.

33. Ibid., pp. 238–39.

34. Ibid., p. 243.

35. Graduation rates refer to students graduating in five years or less.

36. Tien, "Diversity in Higher Education," p. 245.

37. Ibid.

38. See University of California, Berkeley, Institute for Study of Social Change, "The Diversity Project: An Interim Report to the Chancellor" (1990).

39. Takagi, Retreat from Race, pp. 145–47 (discussing the findings of the Diversity Project).

40. Troy Duster, "They're Taking Over!—Myths about Multiculturalism," Mother Jones, September/October 1991 (discussing some of the findings of the hundreds of student interviews conducted for the Diversity Project).

41. Omi and Winant, Racial Formation, pp. 70–71.

42. Dean Choper in "Point Counter Point: Dean Choper and Renee Saucedo," Cross Examiner, September 1989, p. 5.

43. Dan Saunders, "Wrestling with Racism," Cross Examiner, February 1990, p. 4.

44. Evangeline Nichols, "Academic Support Program Director Responds to Saunders," Cross Examiner, March 1990, p. 3.

45. Saunders, "Wrestling with Racism," Cross Examiner, February 1990, p. 4.

46. Nichols, "Director Responds," Cross Examiner, March 1990, p. 3.

47. Gonzalez, "Dr. Tien Appointed U.C. Chancellor," p. 5.

48. Ibid.

49. Though James Crawford was new to the Boalt faculty, hired laterally as a tenured professor in 1979, he did not increase the number of minorities at the law school, since Henry Ramsey Jr., the one African American, had left in 1980 to accept a seat on the California Superior Court. Ramsey had been hired in 1971, shortly before John Wilkins, the first African American professor at Boalt, passed away. Aside from Wilkins and Ramsey, the only other minority professor to hold a tenured faculty position at Boalt was Sho Sato, a Japanese professor hired in 1951; see Susan Epstein, Law at Berkeley (Berkeley: Institute of Governmental Studies Press, 1997), pp. 279–80.

50. Sumi Cho and Robert Westley, "Historicizing Critical Race Theory's Cutting Edge: Key Movements That Performed the Theory," UC Davis Law Review (forthcoming), draft, p. 18.

51. Derrick A. Bell Jr., "Application of the ‘Tipping Point’ Principle to Law Faculty Hiring Policies," 10 Nova Law Journal 319–27, 319 (1986), noting that in a 1984 survey of law schools, excluding the historically black schools, there were only 14 schools with more than two minorities—10 schools with three, 3 with four, and 1 with five—and there were at least 28 schools with no minorities.

52. Ibid., pp. 319–20.

53. Ibid., pp. 321, 325. Bell more specifically recommended the application of the "tipping theory" to faculty hiring, wherein the hiring goal would represent a ratio of minorities to whites beyond which whites would leave the school, causing resegregation. The "tipping theory" is drawn from attempts to integrate housing. Bell writes, "[J]ust as policies of controlled racial occupancy enabled a degree of housing integration in areas that otherwise would have remained all-white or become all-black, so adopting similar procedures in legal education could result in a much needed increase in the number of truly integrated law faculties, and a far more productive and humane career for all teachers of color" ("Application of the ‘Tipping Point’ Principle," p. 326).

54. The CDF was organized in 1986 without previous knowledge of the former student organization by the same name.

55. David Ginsborg, "Boalt Students Call for Boycott of Law Classes," Daily Californian, March 22, 1988, p. 1; Marjorie Shultz, interview, April 28, 2000.

56. At the time she was hired, Professor Shultz was one of only two faculty members who had graduated from Boalt. The other was Henry Ramsey Jr., the one African American on the faculty. A large number of the other professors at the time had earned their law degrees from Harvard. See Epstein, Law at Berkeley, p. 286. Subsequently, Boalt hired more of its own graduates as well as graduates from other non–Ivy League law schools.

57. Marjorie Shultz, interview, April 28, 2000.

58. The official title of the position was "lecturer with security of employment," which means a permanent lecturer with life tenure.

59. Cho and Westley, "Historicizing Critical Race Theory's Cutting Edge," p. 12. In the few years that Japanese American professor Sho Sato taught at Boalt during this time period, he was an exception to the "one tenured faculty of color" statement. Three African American professors (John Wilkins, Henry Ramsey Jr., and James Crawford), each one apparently hired to replace the former, constituted, in succession, the "one tenured faculty of color."

60. Ginsborg, "Boalt Students Call for Boycott," p. 1.

61. Ibid.

62. David Ginsborg, "Students Arrested at Boalt Hall," Daily Californian, March 23, 1988, p. 1.

63. See Eleanor Swift, "Becoming a Plaintiff," 4 Berkeley Women's L. J. 245–50 (1988–89).

64. Cho and Westley, "Historicizing Critical Race Theory's Cutting Edge," p. 13.

65. Rene Saucedo, interview, November 2, 1999.

66. Cho and Westley, "Historicizing Critical Race Theory's Cutting Edge," p. 18.

67. Rosy Lee, "Arrests End Boalt Strike," Daily Californian, April 7, 1989, p. 1.

68. Robert Westley, "Boalt Hall Students Strike for Diversity," Daily Californian, April 6, 1989, p. 4.

69. Rosy Lee, "Boalt Students to Join in Strike," Daily Californian, April 5, 1989, p. 1.

70. Lee, "Arrests End Boalt Strike," p. 1.

71. Matt Weil, "Open Letter from Matt Weil," Cross Examiner, May 1989, p. 1.

72. "Diversity Protest Continues," Cross Examiner, May 1989, p. 1.

73. Doug Warrick, "The New Student-Faculty Diversity Committee," Cross Examiner, September 89, p. 1.

74. Robert Berring, interview, June 28, 2000.

75. Warrick, "New Student-Faculty Diversity Committee," p. 1.

76. Jared Slosberg, "The Degeneration of Affirmative Action," Cross Examiner, December 1989, p. 3.

77. Jonathon Poisner, "What Is Racism?" Cross Examiner, March 1990, p. 2.

78. See Swift, "Becoming a Plaintiff," pp. 245–50.

79. Greg Sterling, "Beyond Memo Wars," Cross Examiner, February 1990, p. 1.

80. Ibid.

81. Barry Mitchell and Mathew Weil, "Students, Faculty Debate Hiring," Cross Examiner, March 1990, p. 1.

82. Reflecting on the years in which he was dean, Choper stated that he wished he had "handled the issue of diversity differently" and specifically that he had been more receptive to student concerns. Jesse Choper, interview, April 25, 2000.

83. Rey Rodriguez, "A Call for Action," Cross Examiner, February 1990, p. 7.

84. Doug Warrick, "Law School: Just for Research?" Cross Examiner, March 1990, p. 1.

85. Ibid.

86. Ibid.

87. Jonathon Poisner, "CDF and the Limits of Protest," Cross Examiner, November 1990, p. 3.

88. Ibid.

89. Robert Berring to Faculty, memorandum reprinted in "Berring Confronts Faculty on Diversity Inaction," Cross Examiner, November 1990, p. 1.

90. "Second Town Meeting on Faculty Diversity Sparks Debate," Cross Examiner, December 1990, p. 8.

91. Ibid.

92. Filipino students were a notable exception. Though special consideration given under affirmative action to Filipino undergraduate applicants was reduced in 1990 and then eliminated in 1993, the need for affirmative action seemed to remain. In 1989, under a strong affirmative action program, 227 Filipinos matriculated. In 1990, only 114 matriculated, and in 1993, 54 matriculated. See Jerome Karabel, "No Alternative: The EVects of Color-Blind Admissions in California," in Gary Orfield and Edward Miller, eds., Chilling Admissions: The A Y rmative Action Crisis and the Search for Alternatives (Cambridge, Mass.: Harvard Civil Rights Project and Harvard Education Publishing Group, 1998), pp. 35–36.

93. Takagi, Retreat from Race, pp. 133–34.

94. Herma Hill Kay, interview, April 21, 2000.

95. Epstein, Law at Berkeley, p. 330.

96. Ibid., p. 325.

97. See Rachel Moran, chair, "Admissions Policy Statement and Task Force Report," August 31, 1993, p. 24.

98. Ibid., p. 25, citing Admissions Committee to Faculty, Students and Staff, memorandum, "Tentative Report of the Admissions Committee on Special Admissions," January 15, 1973.

99. Ibid., p. 26, citing National Association of Independent Colleges and Universities and National Institute of Independent Colleges and Universities, "Minorities on Campus—Understanding Campus Climate: An Approach to Supporting Student Diversity," 20 (1991).

100. Ibid

101. Moran, "Task Force Report," pp. 28–30.

102. "Faculty Policy Governing Admission to Boalt Hall" (adopted May 6, 1993); emphasis added.

103. Takagi, Retreat from Race, p. 10.

104. Omi and Winant, Racial Formation in the United States, p. 50.

105. Ibid., pp. 152, 156.