Lam

In this second appeal of an employment discrimination case, after a remand, we are largely controlled by the law of the case. The facts are set out at some length in Lam v. University of Hawaii, 40 F.3d 1551 (9th Cir.1994). The first appeal affirmed the district court’s summary judgment with respect to claims arising out of a second faculty search by the University of Hawai’i law school, but remanded the cause for further proceedings with respect to the first faculty search that was challenged by the plaintiff as in violation of “Title VII” and other anti discrimination legislation. A new trial judge granted the University’s motion for a judgment as a matter of law, concluding that no triable question of fact remained after the court excluded certain testimony. This appeal challenges the second judgment. We have jurisdiction, and pursuant to the law of the case established in the first appeal, we again reverse and remand for further proceedings.

The principal issue in this appeal is whether the testimony of Professor Kastely was correctly excluded. As the University and the trial court viewed it, even if her testimony were admissible it could not constitute substantial evidence…