Jerry Kang

Distinguished Professor of Law
Professor of Asian American Studies (by courtesy)
Korea Times--Hankook Ilbo Chair in Korean American Studies and Law

  • A.B. Harvard, 1990
  • J.D. Harvard, 1993
  • UCLA Faculty Since 1995

For more information, please visit Professor Kang's web site: http://jerrykang.net

Jerry Kang is Distinguished Professor of Law, Distinguished Professor of Asian American Studies, and the inaugural Korea Times – Hankook Ilbo Endowed Chair in Korean American Studies and Law. He was recently stepped down as UCLA's Founding Vice Chancellor for Equity, Diversity and Inclusion (2015-20) after completing a five year mission to "build equity for all."

Professor Kang's teaching and research interests include civil procedure, race, and communications. On race, he has focused on the nexus between implicit bias and the law, with the goal of advancing a "behavioral realism" in legal analysis. He regularly collaborates with leading experimental social psychologists on wide-ranging scholarly, educational, and advocacy projects. He also lectures broadly to lawyers, judges, government agencies, and corporations about implicit bias and how to counter them.

An expert on Asian American communities, he has written about hate crimes, affirmative action, the Japanese American internment, and its lessons for the "War on Terror." He is a co-author of Race, Rights, and Reparation: The Law and the Japanese American Internment (2d ed. Wolters Kluwer 2013).

On communications, Professor Kang has published on the topics of privacy, net neutrality, pervasive computing, mass media policy, and cyber-race (the construction of race in cyberspace). He is also the author of Communications Law & Policy: Cases and Materials (7th edition 2020), a leading casebook in the field.

During law school, Professor Kang was a Supervising Editor of the Harvard Law Review and Special Assistant to Harvard University's Advisory Committee on Free Speech. After graduation, he clerked for Judge William A. Norris of the Ninth Circuit Court of Appeals, then worked at the National Telecommunications and Information Administration on cyberspace policy.

He joined UCLA in Fall 1995 and has been recognized for his teaching by being elected Professor of the Year in 1998; receiving the law school's Rutter Award for Excellence in Teaching in 2007; and being chosen for the highest university-wide distinction, the University Distinguished Teaching Award (The Eby Award for the Art of Teaching) in 2010.  At UCLA School of Law, he was founding co-Director of the Concentration for Critical Race Studies as well as PULSE: Program on Understanding Law, Science, and Evidence.  Prof. Kang has taught at Harvard and Georgetown law schools, and was the David M. Friedman Fellow at NYU's Straus Institute for the Advanced Study of Law & Justice.

Prof. Kang is a member of the American Law Institute, has chaired the American Association of Law School's Section on Defamation and Privacy, has served on the Board of Directors of the Electronic Privacy Information Center, and has received numerous awards including Vice President Al Gore's "Hammer Award" for Reinventing Government. He is on sabbatical for the academic year 2020-21.

Bibliography

  • Books
    • Communications Law & Policy: Cases and Materials (with Alan Butler). 6th ed. Direct Injection Press (2018). Book Info
    • Race, Rights, and Reparation: Law of the Japanese American Internment (with Eric K. Yamamoto, Margaret Chon, Carol L. Izumi, and Frank H. Wu). 2nd ed. Wolters Kluwer (2013). Table of Contents; Chapter 1: Prologue: Willed Concealing, Forgetting, Remembering and Repairing; Chapter 8. Epilogue: Watchful Care over the Loaded Weapon; Buy at Amazon
  • Articles And Chapters
    • Rethinking Intent and Impact: Some Behavioral Realism about Equal Protection, 66 Alabama Law Review 627-51 (2015). SSRN
    • What’s “Active Intermediaries” Got to Do With It?, 161 University of Pennsylvania Law Review Online 251-63 (2013).
    • The Missing Quadrants of Antidiscrimination: Going Beyond the “Prejudice Polygraph”, 68 Journal of Social Issues 314-27 (2012). SSRN
    • Implicit Bias in the Courtroom (with Judge Mark Bennett, Devon Carbado, Pam Casey, Nilanjana Dasgupta, David Faigman, Rachel Godsil, Anthony G. Greenwald, Justin Levinson & Jennifer Mnookin), 59 UCLA Law Review 1124-86 (2012). SSRN
    • The New Cultural Defense, in Ideology, Psychology, and Law, 261-64 (edited by Jon Hanson, Oxford Univ. Press, 2012).
    • Bits of Bias, in Implicit Racial Bias Across the Law, 132-45 (edited by Justin D. Levinson and Robert J. Smith, Cambridge Univ. Press, 2012). SSRN
    • Critical Reflections on 4/29/1992 and Beyond (with Devon Carbado, Cheryl Harris, and Saul Sarabia), 38 Amerasia Journal 1-28 (2012).  (edited transcript)
    • Self-Surveillance Privacy (with Jeff Burke, Deborah Estrin, Mark Hansen, and Katie Shilton), 97 Iowa Law Review 809-47 (2012). SSRN
    • The Mismatch Critique: Comment on Fanto, Solan, and Darley, 89 North Carolina Law Review 937 (2011). Full Text
    • Comment on Uhlmann et al., Automatic Associations: Personal Attitudes or Cultural Knowledge?, in Ideology, Psychology, and Law, (edited by Jon Hanson, Oxford Univ. Press, 2011). SSRN
    • Seeing through Colorblindness: Implicit Bias and the Law (with Kristin Lane), 58 UCLA Law Review 465-520 (2010). Full Text
    • A Symposium on Greg Robinson’s A Tragedy of Democracy: Japanese Confinement in North America (with Greg Robinson & Hiroshi Motomura), 15 UCLA Asian Pacific American Law Jouranl 6 (2010). (edited transcript)
    • Are Ideal Litigators White? Measuring the Myth of Colorblindness (with Gary Blasi, Nilanjana Dasgupta & Kumar Yogeeswaran), 7 Journal of Empirical Legal Studies 886-915 (2010).
    • Implicit Bias and Pushback from the Left, 54 St. Louis Law Review 1139-50 (2010).
    • Implicit Bias: A Primer for Courts (Aug. 2009). Prepared for the National Center for State Courts. Full Text
    • Book Review, 27 (3) Law and History Review 704-705 (2009). Review of American Inquisition: Hunt for Japanese American Disloyalty in WWII, by Eric Muller.
    • Engaging Online, in The State of Asian America: Trajectory of Civic and Political Engagement, (edited by Paul Ong, LEAP, 2008).
    • Dodging Responsibility: The Story of Hirabayashi v. United States, in Race Law Stories (edited by Devon Carbado and Rachel Moran, 2008).
    • Urban Sensing: Out of the Woods (with Dana Cuff and Mark Hansen), 3 Communications of the ACM 24-33 (51). SSRN
    • Implicit Social Cognition and Law (with Kristin Lane & Mahzarin Banaji), 3 Annual Review of Law and Social Science 427-51 (2007). Annual Review
    • Race.Net Neutrality, 6 (1) Journal on Telecommunications & High Technology Law 1-22 (2007). SSRN
    • Fair Measures: A Behavioral Realist Revision of Affirmative Action (with Prof. Mahzarin Banaji), 94 California Law Review 1063-1118 (2006). SSRN
    • Pervasive Computing: Embedding the Public Sphere (with Dana Cuff), 62 Washington & Lee Law Review 93 (2005). SSRN
    • Trojan Horses of Race, 118 Harvard Law Review 1489-1593 (2005). Reprinted in Critical Race Realism: Intersections of Psychology, Race, and Law (Gregory S. Parks, et al., eds. 2008). SSRN
    • Watching the Watchers: Enemy Combatants in the Internment’s Shadow, 68 Law and Contemporary Problems 255 (2005). SSRN
    • Denying Prejudice: Internment, Redress, and Denial, 51 UCLA Law Review 933-1013 (2004). SSRN
    • Privacy in Atlantis: A Dialogue of Form and Substance (with Benedikt Buchner), 18 (1) Harvard Journal of Law & Technology 229-67 (2004). SSRN
    • Thinking through Internment: 12/7 and 9/11, 28 Amerasia 42-50 (2002). Reprinted In 9 Asian American Law Journal 195 (2002) and in Asian Americans on War and Peace 55-63 (Russell C. Leong & Don T. Nakanishi, eds. 2002). SSRN
    • E-racing E-lections, 34 Loyola of Los Angeles Law Review 1155 (2001). SSRN
    • Cyber-Race, 113 Harvard Law Review 1131 (2000). SSRN
    • Information Privacy in Cyberspace Transactions, 50 Stanford Law Review 1193 (1998). SSRN
    • Beyond Self-Interest (with Gabriel J. Chin, Sumi Sho, and Frank H. Wu ), in Beyond Self-Interest: Asian Pacific Americans Toward a Community of Justice, (UCLA Asian American Studies Center, 1996). Reprinted in 4 UCLA Asian Pacific American Law Journal 129-62 (1996). SSRN
    • Negative Action Against Asian Americans: The Internal Instability of Dworkin’s Defense of Affirmative Action, 31 Harvard Civil Rights-Civil Liberties Law Review 1-47 (1996). SSRN
    • Privacy and the NII: Safeguarding Telecommunications-Related Personal Information NTIA, Department of Commerce, 1995). [Access published version @ Department of Commerce, NTIA]
    • Racial Violence against Asian Americans, 106 Harvard Law Review 1926 (1993). Download (.pdf)
    • Rebel Without Cause, 105 Harvard Law Review 935-40 (1992). Review of Galileo’s Revenge: Junk Science in the Courtroom, by Peter Huber.
    • ISKCON v. Lee, 106 Harvard Law Review 279-89 (1992).  This is a case comment, writen as a student, on the public forum case ISKCON v. Lee.
  • Other Publications
    • The Realities of Race, 358 Science 1137-1138 (2017). Reviewing Race on the Brain: What Implicit Bias Gets Wrong About the Struggle for Racial Justice, by Jonathan Kahn.