OPINION & EDITORIAL
Due process overdue
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Also by Badger Herald Editorial Board:
- A security fee-for-all (December 11, 2007)
- Farewell, Chancellor (December 10, 2007)
- $$FC (December 6, 2007)
- In a bind (December 5, 2007)
- Entitlement Town (December 4, 2007)
Related Stories:
- Misunderstood? (February 27, 2007)
- Kaplan's remarks not racist (February 26, 2007)
- Kaplan's remarks need clarification (March 5, 2007)
- Racism has consequences at UW (February 27, 2007)
- Readers mount verbal assault (March 2, 2007)
by Badger Herald Editorial Board
Wednesday, March 7, 2007
On Monday, University of Wisconsin law professor Leonard Kaplan finally broke his public silence. He issued a statement, in the form of a three-page letter to Law School Dean Ken Davis, refuting allegations that he went on a racist tirade during his legal process course.
It is high time Mr. Kaplan is heard from in this affair, and we are pleased with the content of his letter. If his account of the now-infamous Feb. 15 lecture is accurate — which we think it is — Mr. Kaplan has every reason to be upset, even infuriated, with the public outcry over his alleged remarks.
But instead of fighting fire with fire, Mr. Kaplan's letter is the mark of a compassionate man who, as he writes, "regret[s] the part that [his] own limitations played in contributing to" the controversy. To be sure, he does not apologize, and if his account — which has been effectively corroborated by other students in his class — is accurate, even the aforementioned statement of regret is not necessary.
We were delighted to see the professor describe, in tedious detail, exactly the points he was trying to illustrate in discussing the Hmong community. For example, he denied saying "Hmong men have no skills other than killing" and attributed the root of that misquotation to an observation that "Hmong men suffered from a loss of meaning as a result of their changed status in the United States." Although Mr. Kaplan said he did refer to Hmong men as "warriors," he claimed to have used that term to "express the status they held in Southeast Asia, not to suggest any inherent violent proclivities."
The past two weeks, Mr. Kaplan wrote, have been a "very painful" time for him, and understandably so. While we think it would have been in both the public's and Mr. Kaplan's best interest to release this letter much sooner, his delay has provided us all with an interesting glimpse into how quickly allegations — which now appear to be unsubstantiated — can be blown out of proportion when a few opportunistic people see a chance to push their own agenda.
When a Badger Herald reporter sought comment Monday from the students who have led the charge against Mr. Kaplan, UW student Kanha Vuong, who was present at the Feb. 15 lecture, responded with just a six-word e-mail, saying, "We are disappointed in his response." Meanwhile, UW student KaShia Moua, who first circulated the complaints via e-mail but was not in Mr. Kaplan's lecture, declined comment altogether.
As we wrote last week, it is incredibly difficult for anyone who was not in attendance at Mr. Kaplan's Feb. 15 lecture to find the truth; it's the classic "he said, she said" scenario. That being said, we believe Mr. Kaplan. That is not to suggest these students acted maliciously — only irresponsibly.
If we are right, Ms. Vuong's statement is woefully insufficient — not to mention inherently ironic — and if she and her fellow detractors want to do the right thing, they should meet and seriously consider issuing a public apology to Mr. Kaplan. Such an apology seems particularly appropriate for those students, most notably Ms. Moua, who acted only on second-hand information.
Regardless of the outcome, we do take solace in the fact Mr. Kaplan's employment was never seriously called into question. Additionally, while a disturbing number of individuals exhibited a galling willingness to reach hasty, damning conclusions, UW's Committee for Academic Freedom and Rights released an articulate, well-reasoned defense of academic freedom, a value under continual threat here at UW and other campuses across the country.
So, while Mr. Kaplan's account must be taken for what it is — an account — it does seem exceedingly plausible, given the context of the situation. Hopefully, Kaplan's letter will be the start of the end to this sordid affair, so we can all move on with a renewed understanding of what can happen when we throw to the wayside values we ought to cherish.
Anonymous (March 7, 2007 @ 2:38am):
Good editorial...I'd like to also see a piece on the BH's mistakes.
Anonymous (March 7, 2007 @ 7:37am):
The sad irony to all of this is that students who paid a tuition to be educated. Here's a free lesson from me to the students who actually paid to be taught.
Kaplan: "a Hmong man would go and buy himself a wife"
I am a Hmong man and I have been living in the Minnesota for the past 27 years. I did not know that I can go out and buy a wife as a Hmong. I know a dowry has always been a part of the Hmong marriage history as in many other cultures. Can someone point me to where I can buy a wife?
Kaplan: "Hmong pay a price for a bride and are charged with rape may believe that they have paid too much"
Here's what the professor is trying to say. The professor's comment came across as Hmong rapists just pay the women to marry them. This is absolutely not true in our culture. This is the reason we have doctors, lawyers and people who specialize in their professions. While I don't fault the professor for his misleading comments, I would advise the professor to be a little more knowledgeable about the topic before lecturing to his students. Any good salesman would know his products before he tries to sell the products. In Kaplan's case, he read a chapter or 2 about the Hmong marriage based on someone's research and used it as an example. It's true that in Hmong history, a man can kidnapped a woman to be a wife in the past but always, the man and the woman have met and knew each other prior to the kidnapping. The term kidnapping is used here because the woman may have gone forcibly or willfully with the man, more so willfully than forcibly in Hmong past marriages. The tradition is that a man will take a woman home for 3 days. Within hours of the kidnapping, the man must send representatives from his party to notify the parent of the woman that their daughter has been taken and that their daughter is in a safe place, she will be protected and no harm will come to her. Any harms to the woman (sexual or nonsexual) during the 3-day period rests solely on the shoulder of man and his family. Because of the long commute to the groom's house in the old ways, Hmong culture dealt with the problem after when the groom's side return on the 4th day. The majority of the cases result in marriages after the kidnapping for fear that their daughter is no longer innocent. As part of the dowry settlement in the Hmong culture, the man usually has to compensate woman's family for the hardship he caused to the family. There were also many cases where the woman's parent will not demand a dowry from the man but simply a promise that he will care and love their daughter. There were also cases in the past where the marriage did not work out and some men complained that the dowry they paid for the woman was too high. The average dowry to compensate the bride's parent is about $7000-$8000 in cash value today. Yes, this is still happening today but in return, the bride's parent usually compensate their daughter with packages anywhere from as little as several thousands to upward of $50,000 or more to start her new life including automobile, gold, silver, gifts, cash, etc....
Fast forward to today: Kidnapping a bride is no longer accepted because the law of this land. If a woman is kidnapped against her will, all she has to do is call 911, simple and effective. The woman today can no longer be kidnapped against her will for marriage. Hmong men may be new to this country but they are not dumb.
To my Hmong colleagues, let's learn from this and move on. Let's not fault the professor for his ill informed information about our marriage custom. It's our job to educate the public about our history and tell it correctly and accordingly to the way we live. I don't know much about professor Kaplan but I do know that professor Kaplan's intention was to educate and challenge his students. Both sides win on this issue, we forgive, we learn and we move on.
To Professor Kaplan: If you ever need to learn more about the Hmong marriages, I would be more than happy to sit down with you. I can be reached at ehxiong@yahoo.com.
Eddie Xiong
Woodbury, MN
Anonymous (March 7, 2007 @ 8:21am):
Crap, just crap! It took two weeks for Kaplan to state those words? He had attorneys to help him craft a letter and that could have been submitted the day or two after these allegations were made. If you are reporters, investigate. Do your job. You are giving him too much credibility.
Anonymous (March 7, 2007 @ 9:05am):
ATTENTION ALUMI:
I would like to hear what you have to say about this professor. He is stating that what he said in his class had a lot of context. Does it usually? What type of professor is he? I would suggest writing to the editor and state what you think of his teaching skills. Isn't he the type to rant? State blanant comments without any context? Don't allow him to state that he had all this context in his classroom when he did not. WRITE TO THE EDITORS. WE WANT TO HEAR YOUR VOICE.
Anonymous (March 7, 2007 @ 9:14am):
Yet another example of the politically correct blowing things out of proportion and crying foul.
Anonymous (March 7, 2007 @ 10:54am):
Let's see. This happened back on the 15th of February and he waited until the the 5th of March to reply? Why wait for over 2 weeks to reply? Here's what Dean Davis said on the 22nd in a letter to the Law School community:
"...Likewise, the Professor involved, Leonard Kaplan, has met at length with the students, and wants me to inform you that he stands ready to meet with any other students or groups who want to discuss his remarks. I know he feels deeply sorry that his classroom remarks have caused so much pain for some of his students."
Yet when students asked to meet him twice after the initial incident, he refused to meet with them even though Dean Davis clearly states that he's willing to discuss with ANY OTHER STUDENTS OR GROUPS. It's his own failure and the failure of the Dean for providing this false information and his false intentions.
Anonymous (March 7, 2007 @ 11:23am):
alumi.
hehe
Anonymous (March 7, 2007 @ 11:39am):
While it doesn't discredit Kaplan's statement, his tardy clarification should not be lightly overlooked. If he had released his statement earlier, Kaplan could have saved a lot of people from getting upset.
Anonymous (March 7, 2007 @ 1:47pm):
Wait, people are still talking about Professor Kaplan? I love freedom of speech please PC police don't take it away.
- Germain E. Stemme
Anonymous (March 7, 2007 @ 2:32pm):
The comments may have indeed been "misquoted," but I feel that it is irresponsible to completely free Kaplan of any wrong doing so quickly.
Anonymous (March 7, 2007 @ 3:52pm):
Kaplan didnt do anything wrong. Stop crying about it and get over it. Even if he did, get over it. Im sick of this article in the paper. the .005% minority of Hmong here are getting two weeks to bitch and moan, its time to end this. Grow up and have thicker skin.
Anonymous (March 7, 2007 @ 4:01pm):
Dude, Germain Stemme, are you even a student here? With your fraudulent name?
Anonymous (March 7, 2007 @ 6:41pm):
I admire Kaplan for waiting so long. A quick response must have been very temptning. But it would have made it appear as if he was directly attacking students who made what appear, after a measure of time has passed, irresponsible and inflammatory accusations. His delay is commendable, and it is nice to see the national publications like the Chronicle of Higher Ed. giving Kaplan his due for rising above the ugly fray.
Anonymous (March 7, 2007 @ 8:11pm):
"It took two weeks for Kaplan to state those words?"
Yeah, he should have just called them sticking liars right off! That would have made things smoother all around - NOT!
Anonymous (March 7, 2007 @ 8:12pm):
USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA
- Germain E. Stemme
Anonymous (March 7, 2007 @ 11:11pm):
I do agree that it is odd that he would wait this long to issue such a statement. He had access to and even had a copy of the letter of complaint issued to the dean from the beginning. And to the best of my knowledge, he never denied making such comments when the students met with him to discuss these issues. It is fishy given the time of his statement. In the end, I am left wondering what really happened. There is as of yet, no concrete evidence, such as a recording, to support either side.
Anonymous (March 8, 2007 @ 1:03am):
Remember "Tiger will not attack its own kind." They will alway find some other ways to evade the damage they have caused. I experienced this myself in different situaiton.
Anonymous (March 8, 2007 @ 1:57am):
"Kaplan didnt do anything wrong. Stop crying about it and get over it. Even if he did, get over it. Im sick of this article in the paper. the .005% minority of Hmong here are getting two weeks to bitch and moan, its time to end this. Grow up and have thicker skin."
It seems you are the pussy type of person huh? Damn, I wish I know who you are so I can come smack you in the face and know that although I did you wrong, you would just get over it. I smack you twice since you got thick skin. In this society, everyone has equal rights. When someone does you wrong, why back down? Step up and do something about it! Being passive only leaves you to be targeted more. Especially when it's an issue that deals with a whole racial group. Take a look at history. The only actions that brought change to this society and all other societies to become more equal and just are the standing up of certain individuals. Man, if Rosa Parks didn't stand up for her rights in that bus maybe this society would still be segregated or if not, it would have taken a hell of a longer time to achieve equality. Same thing here. Fight for it. He did those law students wrong, why back up? Keep fighting and make sure he realizes what he did so that he won't make the same mistakes again in the future.
Anonymous (March 8, 2007 @ 3:13am):
To anynomous at 1:57 AM (March 8, 2007)
Hmong is not a race, so to say that it is a "racial group" is simply incorrect. Hmong is an ethnicity, get it right! You can't really compare this incident to that of Rosa Parks. Man, I wonder what she would be thinking of this right now - probably laughing in heaven.
This whole Kaplan thing was fishy from the very beginning. Yes, I'm not too impressed with Kaplan either, but after reviewing all the accounts, I think Ms. Kashia Moua, along with those involved, should apologize to the Hmong population on campus and the Hmong in Wisconsin. I am a Hmong-American and an alumnus of this prestigious institution and I must admit, I am embarrassed by this whole Kaplan incident. First of all, this could have been resolved without getting the public involved.
I agree with most of you who said that Kaplan should have spoken sooner about his role in this law school ordeal. He's a lawyer and like most lawyers, he needed some time to develop well-thought explanations. That is one of the keys to winning a case and unfortunately, I must admit, he has won the case. The Law School and Bascom Hall Administrations....well, you know, are clearly the jurors.
With this said, case closed!
Anonymous (March 8, 2007 @ 8:55am):
Badger Herald you did a poor job on judging Professor Kaplan as a compassionate man and that you support his public statement. Shame on your opinion and editorial skills. The statement showed how incompetent and igorant he was "...I want to state that over the course of the last two very painful weeks I have come to understand better the rawness of the wounds sustained within the living memory of our Hmong neigbhors..."
Anonymous (March 8, 2007 @ 8:58am):
KAPLAN vs. UWM Hmong Student Activists
I'm not a law student and I don't hold a professional degree. I'm just an ordinary Hmong man with some life experiences behind me. I understand my culture well and still have a lot to learn about others. I might not understand everything that goes on in UWM, but I do have one thing or two to say to those that may be interested. I'm not here to represent any group in particular. I'm here only to speak on own my behalf, so if I offend you by any means, don't blame my people. Blame only me. I'm well capable of handling my own responsibilities.
First of all, it is too bad that this whole issue, involving Professor Kaplan and some UWM Hmong students, has gotten this big. Having read some of the comments posted, it seemed as though many people (Hmong and non-Hmong) were affected by this whole ordeal, which even caused some to have hateful feelings toward others, simply because we disagreed on something? I hope that the school and those students could come to a healthy solution at some point and move on with their lives. If you had gained nothing from this ordeal, at least you should have gained some experiences on how to deal with similar situations later on in life. Be appreciative of the opportunity that was given. I think this is a great lesson for all to learn, even for people that already have their Ph.Ds. Best of all, it's free!
I'm sorry to say, but I'm a bit disappointed by the mannerisms shown by some of our young men and women out there toward this issue and the professor. I know that your feelings were hurt by the remarks that you received. But by putting down each other and the professor or calling each other names, such as "racist", "ignorant", "stupid", "killers" or by attacking one's personal integrity just doesn't make you a better person. Most of you seem pretty young. Perhaps, you are very smart in your field, but somehow you lack the wisdom to deal with such difficult issue. Get some advice from the more experienced and wised before attacking a problem, because that problem may be too difficult for you to handle.
One thing I would like to point out to everyone is that NOT every person wants to be included in every problem that someone else creates or disagrees with. For example, throughout this UWM ordeal, I keep hearing "Hmong people", "Hmong culture" and "Professor Kaplan" and his remarks about Hmong men being stupid. Two things I would like to address here: 1)To the professor: I'm Hmong and I'm not stupid, so NOT ALL Hmong men are stupid. 2)To the UWM Hmong student activists: I'm Hmong and I don't have a problem with the professor or his remarks about Hmong men, so NOT ALL Hmong are behind those UWM Hmong student activists. I wonder why nobody ever tied Professor Kaplan to the White population by saying he's white, so therefore, ALL White people think Hmong men are stupid. That's because we all know that NOT all White people feel the same as Mr. Kaplan. Another example I would like to point out is when a Minnesota hunter shot and killed four other hunters in Wisconsin land. The killer was Hmong. The victims were White. Everyone made a big racial issue out that incident. I'm Hmong, and I would never tie myself to a killer even if he was my brother. A criminal is a criminal. Every race and every culture has one. So, nobody should include anybody to another person or a group of people that he/she doesn't choose to be associate with.
White, Black, blue, green, Asian, Hispanic or whatever you may consider yourself, everyone has his/her own opinions about the world he/she sees, hears and understands. I'm sure there are SOME truths to what one believes, sees or hears. Let him/her express his/her opinions freely without anyone trying to stone him or ruin his life for making distasteful remarks. I'm sure nobody's life will be ruined forever by the professor's remarks. Let others judge the man's characters by his action. After all, I do believe in Freedom of Speech - thanks to the great leaders of America.
Lastly, you can also think of this difficult situation as a test of God, Allah, Buddha or whatever you believe in. I truly believe that every difficult situation in life is a test of God. Now, as a child of God, can you pass his tests? Can you deal with this difficult situation that He puts in front of you without causing conflict or hurting anyone? Save your negative remarks and hurtful thoughts to yourself. If you are able to resolve any situations in life without hurting anyone, I'm sure God will be pleased. If not, perhaps, you still have a lot of growing up to do. Thanks for reading.
Sincerely
S. Yang/Fresno, CA.
Anonymous (March 8, 2007 @ 11:16am):
To S. Yang,
It's not UWM, it's UW-Madison. Get that right! Don't mistaken us for UWM, which is UW-Milwaukee if you really want to know.
Anonymous (March 8, 2007 @ 2:03pm):
now how about a non baised article on the story?
Anonymous (March 8, 2007 @ 11:34pm):
To those who say the professor should have said something earlier, I only point out the comments by the Hmong men who are still offended by things he didn't even say.
In our increasingly grievance-based culture, identity groups gain power by being offended. If that requires putting words in someone's mouth, so be it.
Get over it. I'm a WHAM (White Heterosexual Anglophone Male), so if someone says something that offends me, I just have to put up with it.
If you're going to be reduced to tears because the prof wants to talk about problems in your ethnic group, how the hell are you going to handle the stresses of being an attorney, trying a case where someone's freedom or very life hangs in the balance?
"I'll have the roast duck with mango salsa."
--The Monster
Anonymous (March 9, 2007 @ 8:00am):
I saw this kind of PC crap when I was in university
The professor is a white male, obviously he is wrong, at fault and should be sent to re-education camp
What happens when a Muslim is offended in the science department when evolution or a round Earth is mentioned?
Anonymous (March 9, 2007 @ 10:02am):
Ms. Moua should know, as a law student, that making unfounded accusations that defame the character and reputation of someone (to the point of inflicting financial or other damages) is a tortable offense.
Professor Kaplan would be justified in bringing suit against her and the other students that spread the email with secondhand information.
It seems like a lesson is in order for the law students of UW-Wisconsin.
Anonymous (March 9, 2007 @ 10:14am):
<i>It took two weeks for Kaplan to state those words? He had attorneys to help him craft a letter and that could have been submitted the day or two after these allegations were made. </i>
Yes, he could have...but he didn't. How does that change what he is accused of saying?
"If he had released his statement earlier, Kaplan could have saved a lot of people from getting upset."
Or, if someone (who wasn't even there) hadn't send out an email with incorrectly quoted statements attributed to Kaplan, then a lot of people would not have been upset...
Why is it his responsibility to stop people from jumping to incorrect conclusions from reading an inaccurate email? In the end, they just got themselves upset...because they WANTED it to be true.
Anonymous (March 9, 2007 @ 3:25pm):
Miss Moua, I demand an apology from you now.
-Hmong-American student on campus
Anonymous (March 10, 2007 @ 1:34am):
Anyone has read an article from The Sheboygan Press titled "Editorial: Professor's words provocative, not racist"? In it, the authored tried to argue that perhaps professor Kaplan just tried to spark a debate by talking about Hmong that way, and the negative words he said were not of his beliefs about Hmong.
When I read about that, I was thinking "remember the private meeting"? The Hmong students said they had a private meeting with the professor regarding the words he said, whether he still believed in them or not, and the professor still stood firm by his words. Thus, that's his belief.
Anyway, if professor Kaplan just tried to make a few good points in his lecture, couldn't he have done so without using a few negative, derogatory descriptions about Hmong first? I think he should not have used a few bad, insulting, or derogatory words or phrases prior to trying to make a few good points about the difficulties Hmong have been facing.
Thank you.
Anonymous (March 10, 2007 @ 12:43pm):
Interesting. But the Sheboygan article as you describe it misrepresents Kaplan's position. Like many of the offended students, the Sheboygan press was not in class that day. According to his own published statement, Kaplan said he wasn't trying to be provocative. Rather he talked about how legal formalism impedes assimilation (a phenomenon this affair has amply demonstrated) and he was misunderstood and misquoted. You should read Kaplan's letter.
Anonymous (March 12, 2007 @ 1:20am):
I didn't follow the whole story but why is it that we only hear about miss Moua and the other student? How about the rest of the class? I'm sure Mr. Kaplan's classroom must be full, instead of all the He said- She said, why is it everyone's keeping quiet? I'm curious to know what was their reactions at the time of the lecture and how they understood it. I'm Hmong and i'm not trying to point fingers at anybody but just wondering why no other students come forward and tell us their side of story. I understand no one wants to be part of it but maybe anonymously? That will put an end to this nonsense.
To all the Hmong people, keep your chin up we all know WHY we came into this country eventhough the people we helped chose to ignore it and never forget our parents and grandparents sacrifices, they are and will always be our heroes. Just remember what goes around, comes around.
Anonymous (March 13, 2007 @ 1:12am):
This whole Kaplan thing was fishy from the very beginning. I think Ms. Kashia Moua, along with those involved, should apologize to the Hmong population on campus and the Hmong in Wisconsin. I am a Hmong-American and an alumnus of this prestigious institution and I must admit, I am embarrassed by this whole Kaplan incident. First of all, this could have been resolved without getting the public involved.
I agree with most of you who said that Kaplan should have spoken sooner about his role in this law school ordeal. He's a lawyer and like most lawyers, he needed some time to develop well-thought explanations. That is one of the keys to winning a case and unfortunately, I must admit, he has won the case. With this said, case closed!
I agree with you 100%. When this incident was released to the public...I saw many idiotic Hmong individuals acting outrageously stupid...not knowing all the facts...they took one or two persons word for it...they were mad for NOTHING!
Honestly, I was never offended by what he said...at all. What's done is done...there's no way to go back and dwell in the past. Like the "white guy" up there said...grow thicker skin stop crying and bitching over this...that will only make the "Hmong Community" look worse...just move on with your lives people.
If you don't learn to grown thicker skin...you won't last a second in the "Real World".
Anonymous (March 14, 2007 @ 12:13am):
TO 1:12 am you were never offended by what he [Kaplan] said because you're just as stupid and ignroant as he was... If you had thickier skin you wouldn't be writing your comment.... You wrote it because you have a thinner skin thus you can't take all this...
Anonymous (March 14, 2007 @ 5:03am):
Again...to the person @ 12:13am. I bet you were one of those "idiotic Hmong individuals acting outrageously stupid" I referred to up there. Acting all OFFENDED and MAD for NOTHING...what happened to the situation?
Did anything good come out of it? How did it improve/benefit the Hmong Community as a whole? PLEASE TELL ME...I want to know. All this whining, crying and bitching for what? NOTHING!!!
Schwa Yang (March 14, 2007 @ 4:34pm):
Ok, let's not start a fight now among Hmong people. This will be even more embarassing. Let's grow you, will ya!
Schwa Yang (March 14, 2007 @ 6:17pm):
"Let's grou you," was mistyped. I meant "grow up". thank you.
Anthony Schneider (March 16, 2007 @ 5:23am):
Anonymous (March 7, 2007 @ 3:52pm):
"Kaplan didnt do anything wrong. Stop crying about it and get over it. Even if he did, get over it. Im sick of this article in the paper. the .005% minority of Hmong here are getting two weeks to bitch and moan, its time to end this. Grow up and have thicker skin."
Whoever wrote this sickens me. If you are sick of this article being in the paper, then don't read it. Stop reading a free newspaper and buy the NY Times. That aside, the fact that you think everyone should get over it simply because there is only a .005% Hmong population is outrageous. We should ignore a race simply because there are only a few of them? This comment, among many other comments, completely make me sick.
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