| Author | Title | Citation | Summary | Year |
| Natsu Taylor Saito |
Justice Held Hostage: U.s. Disregard for International Law in the World War Ii Internment of Japanese Peruvians - a Case Study |
40 Boston College Law Review 275 (December, 1998) |
The federal government will pay $5,000 settlements and issue an apology to Japanese who were taken from their homes in Latin America and held in U.S. internment camps during World War II, a Justice Department official said Thursday. More than 2,200 Latin Americans, most of them of Japanese ancestry and a majority from Peru, forcibly were brought to... |
1998 |
| Donna R. Lee |
Mail Fantasy: Global Sexual Exploitation in the Mail-order Bride Industry and Proposed Legal Solutions |
5 Asian Law Journal 139 (May, 1998) |
Ms. Lee asserts that the trade in Asian mail-order brides is premised on the male consumer's racialized expectations of sexual and domestic labor services to be provided within the privacy of the home. The mail-order bride industry rests on the same foundation as the more visible trade in military prostitution and sex tourism--exploitation of the... |
1998 |
| Elizabeth M. Iglesias |
Out of the Shadow: Marking Intersections in and Between Asian Pacific American Critical Legal Scholarship and Latina/o Critical Legal Theory |
19 Boston College Third World Law Journal 349 (Fall, 1998) |
Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... |
1998 |
| Elizabeth M. Iglesias |
Out of the Shadow: Marking Intersections in and Between Asian Pacific American Critical Legal Scholarship and Latina/o Critical Legal Theory |
40 Boston College Law Review 349 (December, 1998) |
Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... |
1998 |
| Kevin R. Johnson |
Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness |
73 Indiana Law Journal 1111 (Fall, 1998) |
L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... |
1998 |
| Eric K. Yamamoto |
Racial Reparations: Japanese American Redress and African American Claims |
19 Boston College Third World Law Journal 477 (Fall, 1998) |
In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... |
1998 |
| Eric K. Yamamoto |
Racial Reparations: Japanese American Redress and African American Claims |
40 Boston College Law Review 477 (December, 1998) |
In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... |
1998 |
| |
Rethinking Racial Divides: Asian Pacific Americans and the Law |
4 Michigan Journal of Race and Law 193 (Fall 1998) |
While the dialogue on race in the United States has intensified in recent years, this discussion remains focused primarily on the relationship between Blacks and Whites. Consequently, this bipolar dialogue often discounts the experiences of other racial and ethnic minorities and marginalizes the issues facing these groups. Asian Pacific Americans... |
1998 |
| Gabriel J. Chin , Sumi K. Cho , Marina C. Hsieh , Deborah C. Malamud |
Rethinking Racial Divides--panel on Affirmative Action |
4 Michigan Journal of Race and Law 195 (Fall 1998) |
Professor Malamud: Organizing this conference has been only one part of the activist social practice that the Asian Pacific American law student community has been involved in at Michigan this year. The planning for this conference predates the now-pending law suits against the University of Michigan Law School's affirmative action program. And... |
1998 |
| Margaret Chon |
Acting upon Immigrant Acts: on Asian American Cultural Politics by Lisa Lowe |
76 Oregon Law Review 765 (Fall 1997) |
How might a literature professor converse with a law professor about law? Selecting what I think are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, I meditate on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of... |
1997 |
| Natsu Taylor Saito |
Alien and Non-alien Alike: Citizenship, "Foreignness," and Racial Hierarchy in American Law |
76 Oregon Law Review 261 (Summer 1997) |
I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289... |
1997 |
| Anthony S. Chen |
Beyond Modernism and Postmodernism: Working Notes Towards an Asian American Legal Scholarship |
4 Asian Law Journal 97 (May, 1997) |
The author argues that if Asian American legal scholarship should not stake itself exclusively on anti-foundationalist poststructuralist epistemology because it places specific political and epistemological limits on the capacity of racialized and minoritized communities to pursue social justice. He further suggests that the zone of critical... |
1997 |
| Frank H. Wu |
Changing America: Three Arguments about Asian Americans and the Law, 45 Am. U. L. Rev. 811 (1996). |
4 Asian Law Journal 202 (May, 1997) |
Frank Wu identifies the dramatic demographic shift taking place in America and argues that these changes present complexities of multiple races and contradictions of multiculturalism, to which the law has responded ineffectively. In suggesting that racial realities must be recognized at a descriptive level, the essay presents three independent but... |
1997 |
| Harvey Gee |
Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate |
32 Gonzaga Law Review 621 (1996-1997) |
I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... |
1997 |
| Lance T. Izumi |
Confounding the Paradigm: Asian Americans and Race Preferences |
11 Notre Dame Journal of Law, Ethics & Public Policy 121 (1997) |
For supporters of government race-preference programs, there has been an almost irresistible urge to paint opponents of race preferences as acting not on principle, but on base opportunism. For example, California Governor Pete Wilson's opposition to race preferences is frequently cited as owing more to politics than to firmly held belief. And... |
1997 |
| Keith Aoki |
Critical Legal Studies, Asian Americans in U.s. Law & Culture, Neil Gotanda, and Me |
4 Asian Law Journal 19 (May, 1997) |
The author offers a personal reflection on how Neil Gotanda's contributions to Asian American legal scholarship helped him become Asian American when the author used Gotanda's writings and teaching materials for a class. I was born in 1955, but did not become an Asian American until sometime during the summer of 1994. Please allow me to explain... |
1997 |
| Eric K. Yamamoto |
Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-civil Rights America |
95 Michigan Law Review 821 (February, 1997) |
At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs... |
1997 |
| Ming W. Chin |
Keynote Address: "Fairness or Bias?: a Symposium on Racial and Ethnic Composition and Attitudes in the Judiciary" |
4 Asian Law Journal 181 (May, 1997) |
Good afternoon, ladies and gentlemen. I would like to thank Asian Law Journal for its gracious invitation to speak with you today. At a conference called Diversity and Unity in America at the University of Texas, William Raspberry, a columnist for the Washington Post, was asked the following question: Are race relationships getting better or... |
1997 |
| Enid Trucios-Haynes |
Latino/as in the Mix: Applying Gotanda's Models of Racial Classification and Racial Stratification |
4 Asian Law Journal 39 (May, 1997) |
The author acknowledges the pioneering effect Professor Neil Gotanda's work has had on the discussion of racial discourse to include the racial oppression of Asian/Pacific Islander Americans. According to the author, Professor Gotanda's analytical model to examine the social practice of race contains three elements. Moreover, Professor Gotanda's... |
1997 |
| Natsu Taylor Saito |
Model Minority, Yellow Peril: Functions of "Foreignness" in the Construction of Asian American Legal Identity |
4 Asian Law Journal 71 (May, 1997) |
Those of Asian descent are often portrayed as the model minority. However, the very same elements which comprise the model minority can also be read as components of the yellow peril. The author argues that Neil Gotanda's concept of foreignness rectifies the contradictory images simultaneously attributed to Asian Americans. By characterizing... |
1997 |
| Jerry Kang |
Negative Action Against Asian Americans: the Internal Instability of Dworkin's Defense of Affirmative Action, 31 Harv. C.r.-c.l. L. Rev. 1 (1996). |
4 Asian Law Journal 197 (May, 1997) |
This article examines preferential student admissions into educational institutions. Kang explores the tensions between traditional liberals' acceptance of preferential admissions for racial minorities and their general rejection of admission ceilings on minorities such as Asian Americans. This tension guides Kang's inquiry onto broader, more... |
1997 |
| Gary Minda |
Neil Gotanda and the Critical Legal Studies Movement |
4 Asian Law Journal 7 (May, 1997) |
In this essay, the author tells of the historical development of Critical Legal Studies during the 1980s. It is from this background that Neil Gotanda and others developed the base for the Asian American legal studies movement. Although there is now a deeper understanding of how discrimination works within different cultural communities because of... |
1997 |
| Neil Gotanda |
Race, Citizenship, and the Search for Political Community among "We the People" |
76 Oregon Law Review 233 (Summer 1997) |
this article was originally written in 1986-1987 for a Black Law Journal symposium at U.C. Berkeley examining the Preamble to the United States Constitution. The reference in the title to We the People is to the symposium theme. The symposium issue was never published. Faced with what I perceived to be a lack of interest in Asian American issues... |
1997 |
| Kevin R. Johnson |
Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? |
76 Oregon Law Review 347 (Summer 1997) |
A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... |
1997 |
| Alfred Chueh-Chin Yen |
The Diversity among Us |
19 Western New England Law Review 36 (1997) |
The first thing I want to say is that I will be talking about different groups, Asian-Americans, Latinos, African-Americans, and I realize that every one of those communities is very diverse. I therefore want to make it clear that I am not using these terms to herd us all into some kind of monolithic cookie-cutter mold. I am instead simply trying... |
1997 |
| Chris K. Iijima |
The Era of We-construction: Reclaiming the Politics of Asian Pacific American Identity and Reflections on the Critique of the Black/white Paradigm |
29 Columbia Human Rights Law Review 47 (Fall 1997) |
My six-year-old half-Asian son has just had his first Ching Chong Chinaman taunting in school. I was expecting it, but it threw me off-balance nevertheless. He said it hurt his feelings and asked me for answers. I, of course, had none. I thought about what the appropriate response was for a six-year-old whose new consciousness of racism had begun... |
1997 |
| Lisa C. Ikemoto |
The Fuzzy Logic of Race and Gender in the Mismeasure of Asian American Women's Health Needs |
65 University of Cincinnati Law Review 799 (Spring 1997) |
It is said that if you have your health, you have everything. This common wisdom expresses recognition that physical and mental health premise much of what we are, what we can do, and what we need. Status, wealth, and health are very closely linked. In part, status and wealth are interdependent with health. The Americans with Disabilities Act... |
1997 |
| Joel B. Grossman |
The Japanese American Cases and the Vagaries of Constitutional Adjudication in Wartime: an Institutional Perspective |
19 University of Hawaii Law Review 649 (Fall 1997) |
Notwithstanding the worldwide emergence of constitutions and constitutionalism, the proliferation of constitutional courts with powers of judicial review, and the spread of the rights revolution and concerns for international human rights, rights are always at risk in wartime and other national security crises. It has been said, perhaps with some... |
1997 |
| Alfred C. Yen |
A Statistical Analysis of Asian Americans and the Affirmative Action Hiring of Law School Faculty |
3 Asian Law Journal 39 (May, 1996) |
Law schools have long implemented affirmative action faculty hiring practices to remedy past discrimination, increase diversity, and provide role models for students of color. However, there is a growing sense among the relatively few Asian American law faculty that Asian Americans are not included in affirmative action hiring efforts. The author... |
1996 |
| Kenzo S. Kawanabe |
American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past |
10 Georgtown Immigration Law Journal 681 (Summer, 1996) |
These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... |
1996 |
| Manjusha P. Kulkarni |
Application of the Civil Liberties Act to Japanese Peruvians: Seeking Redress for Deportation and Internment Conducted by the United States Government During World War Ii |
5 Boston University Public Interest Law Journal 309 (Winter 1996) |
The evacuation and internment of Japanese Americans during World War II finally have made their way into our history books. The injustice of these events perpetrated by the United States government has awakened the conscience of Congress enough to induce it to appropriate redress to the victims. The Civil Liberties Act of 1988 began providing... |
1996 |
| Pat K. Chew |
Asian Americans in the Legal Academy: an Empirical and Narrative Profile |
3 Asian Law Journal 7 (May, 1996) |
Introduction. 8 I. Description of the Empirical Study. 11 II. An Identity Begins to Appear: Asian American Law Professor . 13 A. Women: An Emerging Group. 14 B. Foreign Educated: A Dwindling Group. 16 C. Recent Entrants: A Glimpse of the Future. 18 III. Further Details and Voices Behind the Profile. 13 A. Demographic Characteristics. 19 B.... |
1996 |
| Virginia W. Wei |
Asian Women and Employment Discrimination: Using Intersectionality Theory to Address Title Vii Claims Based on Combined Factors of Race, Gender and National Origin |
37 Boston College Law Review 771 (July, 1996) |
born into the skin of yellow women we are born into the armor of warriors Kitty Tsui, Chinatown Talking Story Women of color experience discrimination in multiple spheres that cannot be categorized as solely race-based or solely gender-based. Their experiences are a result of both their race and gender. The identities of women of color must... |
1996 |
| Karin Wang |
Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community |
3 Asian Law Journal 151 (May, 1996) |
The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... |
1996 |
| Frank H. Wu |
Changing America: Three Arguments about Asian Americans and the Law |
45 American University Law Review 811 (February, 1996) |
America is changing. Soon, people of color collectively will be the racial majority, while whites as a group will find themselves racial minorities like everyone else. Already, only about three-quarters of the United States population is Caucasian and non-Hispanic, to use Census Bureau classifications. This dramatic demographic shift is being... |
1996 |
| Kenneth E. Payson |
Check One Box: Reconsidering Directive No. 15 and the Classification of Mixed-race People |
84 California Law Review 1233 (July, 1996) |
What are you? As the child of a Japanese mother and a White father, I have often been asked this question. While I am also male, heterosexual, law student, spouse, sibling, and child, this query is usually directed at my racial identity. As a mixed-race person, I am part of an ill-defined, amorphous group of persons who are increasingly becoming... |
1996 |
| Eric K. Yamamoto |
Foreword: We Have Arrived, We Have Not Arrived |
3 Asian Law Journal 1 (May, 1996) |
In the following two articles, Professors Chew and Yen explain empirical studies revealing previously unexplored patterns in the hiring and retention of Asian American law faculty. Their findings announce both the arrival and struggle of Asian Americans as law professors. I cannot in this brief introduction do justice to the complexity of this... |
1996 |
| Jerry Kang |
Negative Action Against Asian Americans: the Internal Instability of Dworkin's Defense of Affirmative Action |
31 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 1996) |
[O]nce race is accepted as a proper factor to consider for purposes of achieving student diversity, it is susceptible to manipulation for restricting entry by members of certain groups. Thus, for example, if a relatively high proportion of Asians would gain admissions to medical school based solely on a competitive admissions process, a state... |
1996 |
| Robert S. Chang |
Passion and the Asian American Legal Scholar |
3 Asian Law Journal 105 (May, 1996) |
When I was in law school, I wrote a short story called Orientals Anonymous. It opens with a group of people milling around in a room. Then someone calls the meeting to order. A man stands up and says, Hi, my name is Sam. I'm an Oriental. People clap. A woman stands up and says, Hi, my name is Beth. And I'm an Oriental. Again, people clap. It... |
1996 |
| John Hayakawa Torok |
Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws |
3 Asian Law Journal 55 (May, 1996) |
The Reconstruction amendments and civil rights law historically have been viewed in the context of African American emancipation, naturalization, and enfranchisement. However, Chinese immigrants' presence and the racial nativism they engendered in the white polity influenced the debates surrounding that legislation and the attendant Supreme Court... |
1996 |
| Gabriel J. Chin |
The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 |
75 North Carolina Law Review 273 (November, 1996) |
In this historical analysis of the Immigration and Nationality Act Amendments of 1965, Professor Chin argues that Congress eased restrictions on Asian immigration into the United States in an effort to equalize immigration opportunities for groups who had been the victims of discriminatory immigration laws in the past. In Part I of the Article, he... |
1996 |
| Daniel P. Tokaji |
The Club: Asian Americans and Affirmative Action |
1-FALL NEXUS: A Journal of Opinion 47 (Fall, 1996) |
During a recent campaign swing through California, Republican presidential candidate Bob Dole stopped to make a plug for Proposition 209, the so-called California Civil Rights Initiative. Not accidently, he chose to announce his endorsement of the initiative before a group of Asian Americans. Standing in front of a banner that read Celebrate... |
1996 |
| Reggie Oh , Frank Wu |
The Evolution of Race in the Law: the Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Action for African Americans |
1 Michigan Journal of Race and Law 165 (1996) |
Over the past fifty years, the United States Supreme Court has articulated the constitutional standards for the governmental use of racial classifications by referring repeatedly to its wartime decisions on the Japanese American internment. Those decisions were understood then as being emphatically not about race, but have been understood since as... |
1996 |
| Gabriel J. Chin |
The Plessy Myth: Justice Harlan and the Chinese Cases |
82 Iowa Law Review 151 (October, 1996) |
For a century, the vision of racial equality expressed in John Marshall Harlan's dissent in Plessy v. Ferguson has captured the legal imagination in a way matched by few other texts. Even today, the symbolic power of Harlan's rejection of segregation of African Americans and whites in New Orleans streetcars is rivaled only by the Reverend Martin... |
1996 |
| Paula C. Johnson |
The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin |
1 Michigan Journal of Race and Law 347 (Summer 1996) |
INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... |
1996 |
| Constance Backhouse |
The White Women's Labor Laws: Anti-Chinese Racism in Early Twentieth-century Canada |
14 Law and History Review 315 (Fall, 1996) |
Moose Jaw, Saskatchewan, provided the setting, in May 1912, for two widely publicized trials that highlighted the explosive fusion between race, gender, and class in early twentieth-century Canada. The prosecutions were based on a Saskatchewan statute passed several weeks earlier, An Act to Prevent the Employment of Female Labour in Certain... |
1996 |
| Pauline C. Reich |
Women and the Law: an Annotated Internet-based Bibliography for U.s. and International Legal Research |
6 Texas Journal of Women and the Law 143 (Fall 1996) |
While teaching a course entitled, Women and the Law at one of Japan's leading universities, it suddenly occurred to me that there was a need to provide students with more current materials in English. Although the various Japanese libraries have excellent collections in English and in Japanese, it seemed that what was appearing on the Internet in... |
1996 |
| Karen McBeth Chopra |
A Forgotten Minority an American Perspective: Historical and Current Discrimination Against Asians from the Indian Subcontinent |
1995 Detroit College of Law at Michigan State University Law Review 1269 (Winter, 1995) |
INTRODUCTION. 1270 I HISTORICAL BACKGROUND. 1274 A. The First Wave. 1274 1. Anti-Immigration Pressures. 1278 2. The Indian Component in the Anti-Immigration Fervor. 1278 B. Establishing a Community. 1280 C. The Exclusion Acts. 1281 D. The Citizenship Color Bar and Denaturalization. 1285 1. What is White?. 1286 2. Effect on American Wives. 1287 E.... |
1995 |
| Cynthia Kwei Yung Lee |
Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.j. |
6 Hastings Women's Law Journal 165 (Summer 1995) |
The O.J. Simpson double murder trial has been called the Trial of the Century and has captured the attention of millions. The trial has raised interesting questions about the convergence of issues regarding race, class, and gender. Rather than extensively discussing these global issues, this essay will focus on one aspect of the race issue that... |
1995 |
| Robert C. Berring |
In Search of Equality: the Chinese Struggle Against Discrimination in Nineteenth-century America. By Charles J. Mcclain. Berkeley, California: University of California Press, 1994. Pp. X, 385. |
2 Asian Law Journal 87 (May 1, 1995) |
I was reading In Search of Equality: The Chinese Struggle against Discrimination in Nineteenth-Century America [hereinafter In Search of Equality] by Charles J. McClain while riding a taxi to the Oakland airport. The taxi driver noticed the book and asked me what it was about. So I regaled him with stories of Chinese American history, stories about... |
1995 |