AuthorTitleCitationSummaryYear
Adrian Liu Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans 13 Michigan Journal of Race and Law 391 (Spring 2008) In October 2006, Asian American student Jian Li filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with... 2008
Carlos Hiraldo Arroz Frito with Salsa: Asian Latinos and the Future of the United States 15 Asian American Law Journal 47 (May, 2008) Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... 2008
Joseph Sant Asian Americans and Seattle's Open Housing Movement 1 Georgetown Journal of Law & Modern Critical Race Perspectives 167 (2008) The civil rights struggle for fair housing legislation at the national level was accompanied by calls at the state and local levels throughout the country to enact ordinances banning discrimination in housing. In Seattle, the effort to formally ban discrimination in housing spanned a decade, beginning with the ill-fated 1957 state fair housing law... 2008
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300 2008
Shirley Tang Challenges of Policy and Practice in Under-resourced Asian American Communities: Analyzing Public Education, Health, and Development Issues with Cambodian American Women 15 Asian American Law Journal 153 (May, 2008) According to the U.S. Census Bureau's most recent American Community Survey (ACS), the growth of the Asian American population has outpaced that of all other racial groups in Massachusetts. From 2000 to 2005, the Asian American population increased by 23%; meanwhile, the Latino and Black populations grew by 14.5% and 6% respectively, and the... 2008
  Editors' Note 15 Asian American Law Journal 1 (May, 2008) Asian American Law Journal is, first and foremost, a journal that fosters and publishes scholarship on Asian American jurisprudence. However, it is also a community of socially conscious law students, whose goals are to educate the public and promote justice in our world. With those objectives in mind, this year we organized numerous events that... 2008
Christine J. Hung For Those Who Had No Voice: the Multifaceted Fight for Redress by and for the "Comfort Women" 15 Asian American Law Journal 177 (May, 2008) These days I hum a song, Katusa, putting my own words to the tune: I am so miserable; return my youth to me; apologize . . . . You dragged us off against our own will. You trod on us. Apologize . . . --Lee Yong-soo, former Korean comfort woman, testifying in the U.S. House of Representatives in February 2007 For the Asian women who were... 2008
Zenobia Lai , Andrew Leong From the Community Lawyers' Lens: the Case of the "Quincy 4" and Challenges to Securing Civil Rights for Asian Americans 15 Asian American Law Journal 73 (May, 2008) We dedicate this article to the six Asian Americans who placed their liberty and good names on the line to speak out against police brutality and to test the promise of equal justice for all. We make a special dedication to Karen Chen, whose tenacity, generosity and leadership throughout this case awakened others to recognize that civil rights are... 2008
Maya Yamazaki , Kameisha Jerae Hodge Reaction 1 Georgetown Journal of Law & Modern Critical Race Perspectives 185 (2008) Too often, racial discourse focuses on black and white (or more importantly, black versus white), while ignoring the role of Asian Americans and other minorities within the social matrix of racial identity. Joseph Sant's article clearly articulates the role of Asian Americans within the open housing movement and provides broader insight into the... 2008
Timothy Webster Reconstituting Japanese Law: International Norms and Domestic Litigation 30 Michigan Journal of International Law 211 (Fall 2008) I. Japan and the World. 213 II. Racial Discrimination in Japan. 216 A. Thesis: Impermissible Discrimination. 216 1. Bortz v. Suzuki. 218 2. Arudou v. Yunohana Bathhouse. 220 3. Murthy v. Nikken Jûhan. 222 4. Plaintiff v. Tokyo Bar. 224 5. McGowan v. Narita. 226 B. Antithesis: Permissible Discrimination. 228 1. Swinging Both Ways: The Golf Club... 2008
William Y. Chin School Violence and Race: the Problem of Peer Racial Harassment Against Asian Pacific American Students in Schools 10 Scholar: St. Mary's Law Review on Minority Issues 333 (Spring 2008) I. Introduction. 335 II. Peer Racial Harassment Against APA Students Is A Evasive and Serious Problem. 336 A. Racial Harassment of APA Students at Lafayette High School. 336 B. Racial Harassment of APA Students at Skyline High School. 339 C. Racial Harassment of APA Students at Other Schools. 340 D. Research Data Revealing Enduring and Pervasive... 2008
Sharon S. Lee The De-minoritization of Asian Americans: a Historical Examination of the Representations of Asian Americans in Affirmative Action Admissions Policies at the University of California 15 Asian American Law Journal 129 (May, 2008) In today's higher education admissions policies, Asian Americans have ceased to be minorities because they are no longer underrepresented. In affirmative action policy debates, the statistical representation of racially defined groups, such as Asian Americans, in social institutions has served as a proxy for discrimination. Indeed, the... 2008
Sunny Woan White Sexual Imperialism: a Theory of Asian Feminist Jurisprudence 14 Washington and Lee Journal of Civil Rights and Social Justice 275 (Spring, 2008) This Article studies the intersection of race and gender, examining it through the lens of Western imperialism. Even though both critical race and feminist scholarship have addressed this intersection, few if any offer a precise theory for understanding the imperialized experience. This Article seeks to fill that void. The social inequality... 2008
Evelyn Gong A Judicial "Green Light" for the Expansion of Executive Power: the Violation of Constitutional Rights and the Writ of Habeas Corpus in the Japanese American Internment and the Post-9/11 Detention of Arab and Muslim Americans 32 Thurgood Marshall Law Review 275 (Spring, 2007) Those who cannot learn from history are doomed to repeat it. In times of war, national security is a prime concern. However, there is a fine line between the preservation of our country's safety and the infringement of individual liberties so integral to our country's values. A red flag is raised when constitutional rights are violated in the... 2007
Nancy Chung Allred Asian Americans and Affirmative Action: from Yellow Peril to Model Minority and Back Again 14 Asian American Law Journal 57 (May, 2007) In a fog-smothered corner of San Francisco sits an aged building known as Lowell High School. It appears to be a typical high school filled with rowdy teenagers; however, to thousands of immigrant families, this building represents a ticket to an elite university and the fast lane to the American dream. Lowell, the oldest public high school west of... 2007
Mathias Moschel Color Blindness or Total Blindness? The Absence of Critical Race Theory in Europe 9 Rutgers Race & the Law Review 57 (2007) Critical Race Theory (hereinafter CRT), an offspring of Critical Legal Studies (hereinafter CLS), is one of the most successful and controversial United States' legal theories developed over the past 10 years and has in turn branched out into different equally creative fields, from LatCrit to AsianCrit to Queer Theory. In spite of offering a... 2007
James McDonald Democratic Failure and Emergencies: Myth or Reality? 93 Virginia Law Review 1785 (November, 2007) Introduction. 1786 I. The Democratic Failure Theory and Emergencies. 1792 A. Theoretical Underpinnings: The Current Debate. 1792 B. Theoretical Underpinnings: The Revisionist Claim. 1794 II. World War II, the Japanese Internment, and Democratic Failure: A Case Study. 1796 A. A Historical Prejudice: Anti-Japanese and Anti-Asian Sentiment in the... 2007
Xiaofeng Stephanie Da Education and Labor Relations: Asian Americans and Blacks as Pawns in the Furtherance of White Hegemony 13 Michigan Journal of Race and Law 309 (Fall 2007) Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding Whiteness as the filler in the middle as Whites manipulate the... 2007
Kevin Shawn Hsu Empowerment, Discrimination, and the Facade of Leadership: Asian American Political Elites' Failed Assimilationist Strategy 14 Asian American Law Journal 85 (May, 2007) On November 8, 2006, the day after the midterm Congressional elections, the 2008 presidential campaign season officially began. The media began to tell and will continue to retell predetermined stories regarding the role of Black Americans as core to the Democratic Party, the rising political power of Latino voters, or the importance of certain... 2007
Canon Pence Japanese Only: Xenophobic Exclusion in Japan's Private Sphere 20 New York International Law Review 101 (Summer, 2007) On Sunday, September 19, 1999, a diverse group of families entered the popular giant onsen (privately run communal bathhouse resort) Yunohana in Hokkaido, the cold northernmost island of Japan. A sign at the front door clearly read Japanese Only in English, Japanese, and Cyrillic. Inside, the ticketing attendant immediately refused entry to the... 2007
Major Jason S. Wrachford Just Americans: How Japanese Americans Won a War at Home and Abroad 2007-SEP Army Lawyer 42 (September, 2007) Over sixty-five years have passed since pilots from the Empire of Japan bombed Pearl Harbor, destroying or damaging scores of ships and planes and killing thousands. Yet, the memories and pictures of that terrible morning still reverberate in the minds of many Americans. As President Franklin D. Roosevelt described in his speech to a Joint Session... 2007
Raquel J. Gabriel Minority Groups and Intimate Partner Violence: a Selected Annotated Bibliography 19 Saint Thomas Law Review 451 (Spring 2007) ABSTRACT: This bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as minority groups. Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to... 2007
Jeeho Lee One Step Closer: Understanding the past and Potential Work and Influence of Asian American Interest Groups in Claiming a Space for Asian Americans in America's Democracy 14 Asian American Law Journal 123 (May, 2007) In a country such as the United States, whose most celebrated characteristic is its democracy, the most powerful statement of the attainment of legitimacy is the ability to be a role player in the exclusive realm of American politics. Significantly, the ultimate manifestation of a group's success in politics occurs when the group gains the ability... 2007
Marie A. Failinger Recovering the Face-to-face in American Immigration Law 16 Southern California Review of Law & Social Justice 319 (Spring, 2007) It is 1908. Yee Won mourns his father's death. Yee Won, in his own words a Chinese-born capitalist and property owner, is at home in San Francisco and at home in China. But Yee Won needs a wife. Perhaps because of anti-miscegenation laws or perhaps because he wants to honor his father's wishes, Yee Won returns to China a few years later for a... 2007
Robert S. Chang , Rose Cuison Villazor Testing the 'Model Minority Myth' : a Case of Weak Empiricism 101 Northwestern University Law Review Colloquy 101 (February 19, 2007) As the legal and political wars rage over affirmative action, the role played by Asian Americans is increasingly disputed. Should Asian Americans be included in affirmative action programs? Do such programs harm Asian Americans because spaces that should be given to them are instead given to less qualified Blacks and Latinos? Does Asian American... 2007
Robert S. Chang , Neil Gotanda The Race Question in Latcrit Theory and Asian American Jurisprudence 7 Nevada Law Journal 1012 (Summer 2007) In the tradition of LatCrit Afterwords, Professors Chang and Gotanda take the liberty of raising questions that extend beyond the particular themes of this LatCrit Conference and the papers published in this Symposium. They return to two issues - ethnicity versus race, and Black exceptionalism - that were raised in early LatCrit Conferences but... 2007
Deenesh Sohoni Unsuitable Suitors: Anti-miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities 41 Law and Society Review 587 (September, 2007) In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by... 2007
Victor M. Hwang, Asian Pacific Islander Legal Outreach Brief of Amici Curiae Asian Pacific Islander Legal Outreach and 28 Asian Pacific American Organizations, in Support of All Respondents in the Six Consolidated Marriage Cases, Lancy Woo and Cristy Chung, et Al., Respondents, V. Bill Lockyer, et Al., Appell 13 Asian American Law Journal 119 (November, 2006) Asian and Pacific Islander (API) people in this country are intimately familiar with the enormous harm that marriage discrimination causes families, individuals, and communities. Since the very beginning of our immigration to the United States and for much our history in California, Asians and Pacific Islanders have been denied equal access to... 2006
Shanshan Lan Chinese Americans in Multiracial Chicago: a Story of Overlapping Racializations 13 Asian American Law Journal 31 (November, 2006) It is well known among anthropologists that race as a scientific concept denoting human biological variation is no longer valid, but that race as a social construct and a shaping force still has profound material repercussions in peoples' daily lives. In 2004, two notable events occurred in Chicago that attested to the persistent significance of... 2006
Kitty Calavita Collisions at the Intersection of Gender, Race, and Class: Enforcing the Chinese Exclusion Laws 40 Law and Society Review 249 (June, 2006) This article explores the ramifications of the intersections of gender, race, and class ideologies for the enforcement of the Chinese Exclusion Laws in the years immediately following their passage. Drawing from government documents and archival data, I argue that the notions of gender, race, and class that permeated the legislative debate... 2006
Jason H. Lee Dislocated and Deprived: a Normative Evaluation of Southeast Asian Criminal Responsibility and the Implications of Societal Fault 11 Michigan Journal of Race and Law 671 (Spring 2006) INTRODUCTION. 672 I. The Rising Rate of Southeast Asian Crime and Youth Delinquency. 674 A. Crime Among Southeast Asian Youths. 675 B. A Closer Look: Bui Doi Southeast Asian Gangs and Home Invasions . 678 C. The Environmental Roots of Southeast Asian Crime. 679 II. Southeast Asian Criminal Responsibility and Society's Tenuous Moral Authority to... 2006
Rene Bowser Medical Civil Rights: the Exclusion of Physicians of Color from Managed Care: Business or Bias? 4 Hastings Race and Poverty Law Journal 1 (Fall 2006) The United States is rapidly becoming more diverse, as demonstrated by the fact that nonwhite racial and ethnic minorities will likely constitute a majority of Americans later in this century. The representation of African Americans, Latino/as, Asian Americans, and Native Americans in medicine, however, has grown only modestly over the past 25... 2006
William C. Kidder Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught in the Crossfire 11 Michigan Journal of Race and Law 605 (Spring 2006) INTRODUCTION. 606 I. Unraveling the Yellow Peril Causation Fallacy . 611 II. Law School Reality Check: How APAs Fared Before and After Affirmative Action Bans. 617 CONCLUSION: OPPORTUNITIES LOST IN OPPORTUNITY COST . 620 2006
James C. Ho , Sandra Tanamachi , Scott Newar , Jodi Bernstein , George J. Hirasaki Panel Discussion:the Struggle to Change "Jap Road" 13 Asian American Law Journal 145 (November, 2006) On February 24, 2005, Texas State Representative Martha Wong joined forces with the Asian American Bar Association of Houston to sponsor a discussion about the struggle to change the name of three controversial Texas roads--Jap Road in Jefferson County, Jap Road in Fort Bend County, and Jap Lane in Orange County. The event was designed to provide a... 2006
Celine Parreñas Shimizu Queens of Anal, Double, Triple, and the Gang Bang: Producing Asian/american Feminism in Pornography 18 Yale Journal of Law & Feminism 235 (2006) I. Why Study Pornography to Understand Race and Sexuality?. 236 II. A Social History of Asian/American Images in Pornography. 243 A. Early Stag Films. 244 B. Post-1950s Stag Films. 247 C. Golden Age Porn Stars Linda Wong, Mai Lin, and Kristara Barrington. 250 III. Contemporary Asian/American Women in Pornography. 258 A. Asia Carrera. 260 B. Porn... 2006
Aya Gruber Raising the Red Flag: the Continued Relevance of the Japanese Internment in the Post-hamdi World 54 University of Kansas Law Review 307 (January 1, 2006) Most of what I have learned and internalized about the Japanese internment came from my mother, Mariko Hirata. My mother was just a young girl when her own government imprisoned her. Growing up, I heard all about the cold, the dirt, the embarrassing communal showers, the shame, and the guns. My mother painted a picture of her family's perpetually... 2006
Miranda Oshige McGowan , James Lindgren Testing the "Model Minority Myth" 100 Northwestern University Law Review 331 (Special Issue 2006) The stereotype of Asian Americans as a Model Minority appears frequently in the popular press and in public and scholarly debates about affirmative action, immigration, and education. The model minority stereotype may be summarized as the belief that Asian Americans, through their hard work, intelligence, and emphasis on education and... 2006
Eric L. Muller The Japanese American Cases - a Bigger Disaster than We Realized 49 Howard Law Journal 417 (Winter 2006) Sixty-one years ago, in June of 1945, Yale Law Professor Eugene V. Rostow published the first major academic article on the episode we now refer to as the Japanese American internment of World War II. It was no small accomplishment because when Rostow published the article, the episode had not yet ended. The Pacific War had not yet been won. The... 2006
Emily Ryo Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era 31 Law and Social Inquiry 109 (Winter, 2006) This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... 2006
Mohar Ray Undocumented Asian American Workers and State Wage Laws in the Aftermath of Hoffman Plastic Compounds 13 Asian American Law Journal 91 (November, 2006) In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... 2006
John Q. Barrett A Commander's Power, a Civilian's Reason: Justice Jackson's Korematsu Dissent 68-SPG Law and Contemporary Problems 57 (Spring 2005) Robert Houghwout Jackson was a justice of the United States Supreme Court during the years of World War II. This article considers his great but potentially perplexing December 1944 dissent in Korematsu v. United States, in which he refused to join the Court majority that proclaimed the constitutionality of military orders excluding Japanese... 2005
Victor C. Romero Are Filipinas Asians or Latinas?: Reclaiming the Anti-subordination Objective of Equal Protection after Grutter and Gratz 7 University of Pennsylvania Journal of Constitutional Law 765 (February, 2005) During the summer of 2003, I had the privilege of participating in a round table discussion on the likely impact of the Supreme Court's affirmative action holdings in Grutter v. Bollinger and Gratz v. Bollinger. Hosted by the New York University Asian/Pacific/American Studies Program & Institute, all of the discussants were Filipina Americans from... 2005
John Hayakawa Torok Asian American Jurisprudence: on Curriculum 2005 Michigan State Law Review 635 (Summer 2005) Introduction. 636 I. Some Background for Early Asian American Jurisprudence. 642 II. Preliminary Questions. 649 A. What Is Asian American?. 649 B. Does Asian American Jurisprudence Differ from Asian American Studies?. 657 C. What Makes it Jurisprudence?. 660 III. Columbia Asian American Jurisprudence Classes--1997-1999. 662 A. Antecedents of... 2005
Glenn D. Magpantay, Nancy W. Yu Asian Americans and Reauthorization of the Voting Rights Act 19 National Black Law Journal 1 (2005) In 2007, certain provisions of the federal Voting Rights Act will expire unless Congress reauthorizes them. These include the provisions for language assistance (Section 203) and enforcement (Section 5). Asian Americans, like African Americans and Latinos, continue to face voting discrimination and grow in population. The Voting Rights Act's... 2005
Joy Lyu Monahan Asian-americans and Bar Diversity Efforts 53 Louisiana Bar Journal 120 (August/September, 2005) I am just a lawyer in a Chinese body. -- Harry Lee Jefferson Parish Sheriff State of Louisiana In the context of racial diversity in the legal profession, Asian-Americans generally are not the center of attention. The demographic reality is that there are few Asian-American lawyers in Louisiana. The number of Asian-American lawyers in the United... 2005
Victor C. Romero Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads 15 Indiana International & Comparative Law Review 337 (2005) Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its... 2005
Mohar Ray Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness 11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. U.S. Congressional Representative John Cooksey of Louisiana, Radio Announcement after September 11, 2001 In the aftermath of the September 11, 2001 terrorist attacks perpetuated by nineteen foreign... 2005
Harvey Gee Civil Liberties, National Security, and the Japanese American Internment 45 Santa Clara Law Review 771 (2005) I don't want any of them (persons of Japanese ancestry) here. They are a dangerous element. There is no way to determine their loyalty. . . . It makes no difference whether he is an American citizen, he is still a Japanese. American citizenship does not necessarily determine loyalty. . . . [W]e must worry about the Japanese all the time until he is... 2005
Cynthia E. Nance Colorable Claims: the Continuing Significance of Color under Title Vii Forty Years after its Passage 26 Berkeley Journal of Employment and Labor Law 435 (2005) I. Introduction. 435 II. A Brief History of Colorism in the United States. 440 III. Research on the Impact of Colorism on Racial Minorities. 442 A. African Americans and Colorism. 445 B. Latinos and Colorism. 449 C. Asians and Colorism. 453 IV. Colorism -- Made in the U.S.A. ?. 458 V. Colorism in the Courts. 462 A. Cases Brought By the EEOC. 462... 2005
Xiaobing Xu Different Mediation Traditions: a Comparison Between China and the U.s. 16 American Review of International Arbitration 515 (2005) Nothing is permanent but change. -- Heraclitus Shutu Tonggui [reach the same destination via different routes] -- Chinese idiom Mediation is one of the world's ancient modes of dispute resolution and is believed to be as old as human society itself. It evolved over time and differs from place to place. Today, although mediation is gaining... 2005
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