AuthorTitleCitationSummaryYear
Kiyoko Kamio Knapp In the World, but Not of It: Japanese Companies Exploiting the U.s. Civil Rights Law 24 Denver Journal of International Law and Policy 169 (Fall, 1995) . Japan is a nation which has pursued commerce to the ends of the earth, yet cannot shed its age-old mistrust of what lies beyond its shores. Jared Taylor. A kimono-clad Oriental woman carries a torch of liberty on the front cover of the October 9, 1989, issue of Newsweek magazine. The illustration accompanies the headline Japan Invades Hollywood.... 1995
Lawrence Kent Mendenhall Misters Korematsu and Steffan: the Japanese Internment and the Military's Ban on Gays in the Armed Forces 70 New York University Law Review 196 (April, 1995) In Steffan v. Perry, the District of Columbia Court of Appeals, sitting en banc, upheld military regulations which stated that [h]omosexuality is incompatible with military service and excluded from the military those persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct.... 1995
Elizabeth Kolby Moral Responsibility to Filipino AmerAsians: Potential Immigration and Child Support Alternatives 2 Asian Law Journal 61 (May 1, 1995) Filipino Amerasian children, because they are biracial and also often the illegitimate children of prostitutes, are subjected to dire economic circumstances and social discrimination in the Philippines. In this Comment, the author argues that the United States owes a moral responsibility to these Filipino Amerasian children, arising from the U.S.... 1995
Frank H. Wu Neither Black Nor White: Asian Americans and Affirmative Action 15 Boston College Third World Law Journal 225 (Summer, 1995) The time has come to consider groups that are neither black nor white in the jurisprudence on race. There are many fallacies in the affirmative action debate. One of them, increasingly prominent, is that Asian Americans somehow are the example that defeats affirmative action. To the contrary, the Asian-American experience should demonstrate the... 1995
Thomas Wuil Joo New "Conspiracy Theory" of the Fourteenth Amendment: Nineteenth Century Chinese Civil Rights Cases and the Development of Substantive Due Process Jurisprudence 29 University of San Francisco Law Review 353 (Winter, 1995) IN Yick Wo v. Hopkins, the United States Supreme Court stated that the Fourteenth Amendment's Equal Protection and Due Process Clauses apply to all persons within the jurisdiction of a state, without regard to any differences of race, of color, or of nationality . . . . The Court made this broad pronouncement without discussion, citing only the... 1995
Theodore Hsien Wang Swallowing Bitterness: the Impact of the California Civil Rights Initiative on Asian Pacific Americans 1995 Annual Survey of American Law 463 (1995) I remember the only time my father ever took me to the office where he worked as an engineer for the federal government. While we were sitting at his desk, his supervisor came by and said, Come to my office, boy. From the tone of the supervisor's voice, we both knew right away that the boy he was referring to was not me but my 40-year-old... 1995
Alex Y. Seita The Intractable State of United States-japan Relations 32 Columbia Journal of Transnational Law 467 (1995) Because the Japanese economic challenge is the underlying source of friction in the United States-Japan relationship, a permanent state of potentially difficult relations will always be present between the United States and Japan. This challenge will aggravate both major and minor problems between the two countries. At the same time, since Japan's... 1995
Perry S. Chen, Kenly Kiya Kato The State of Asian America: Activism and Resistance in the 1990s. Edited by Karin Aguilar-san Juan. Boston, Mass.: South End Press, 1994. Pp. 394. $16.00 (Paper). 30 Harvard Civil Rights-Civil Liberties Law Review 279 (Winter, 1995) As a movement for social change, Asian American activism must confront institutional forces that maintain the status quo. Asian American movements face additional burdens that stem from society's refusal to acknowledge the oppression, humanity, and the very existence of Asian Americans. The denial of Asian American experiences is not limited to... 1995
Selena Dong Too Many Asians: the Challenge of Fighting Discrimination Against Asian-americans and Preserving Affirmative Action 47 Stanford Law Review 1027 (May 1, 1995) San Francisco's Lowell High School, one of the city's most prestigious public schools, limits the number of enrollees from a given racial or ethnic group to 40 percent of the student body. Implemented more than a decade ago under a desegregation consent decree, this racial cap has itself sparked a racial discrimination suit by Chinese-Americans... 1995
Charles J. Mcclain Tortuous Path, Elusive Goal: the Asian Quest for American Citizenship 2 Asian Law Journal 33 (May 1, 1995) During the late eighteenth and early nineteenth centuries, American citizenship was not available to many Asians who immigrated to this country. However, many of these immigrants actively sought American citizenship and judicially challenged a number of laws and court decisions which prevented them from becoming American citizens. In this Article,... 1995
Leti Volpp (Mis)identifying Culture: Asian Women and the "Cultural Defense" 17 Harvard Women's Law Journal 57 (Spring, 1994) The cultural defense is a legal strategy that defendants use in attempts to excuse criminal behavior or to mitigate culpability based on a lack of requisite mens rea. Defendants may also use cultural defenses to present evidence relating to state of mind when arguing self defense or mistake of fact. The theory underlying the defense is that the... 1994
Pat K. Chew Asian Americans: the "Reticent" Minority and Their Paradoxes 36 William and Mary Law Review 1 (October 1, 1994) I. Distortions and Paradoxes . 8 A. Paradox: Asian Americans Are Not Discriminated Against, but They Are . 8 1. History of Express Discrimination . 9 2. Ongoing Express Discrimination . 18 B. Paradox: Asian Americans Are the Model Minority, but They Are Not . 24 1. Non-Monolithic Asian Americans . 25 2. Model Minority, but Not Model American .... 1994
Samuel R. Cacas Asians under Attack 21-FALL Human Rights 34 (Fall, 1994) In the early morning hours of July 6, 1993, a Japanese-American woman called the Los Angeles Police Department to report that her car had been spray-painted with graffiti that read Go Home Nip. Though no other car in the neighborhood was vandalized, and she is the only Asian-American on the block, police classified the case as simple vandalism... 1994
Edward M. Chen Garcia V. Spun Steak Co.: Speak-english-only Rules and the Demise of Workplace Pluralism 1 Asian Law Journal 155 (May, 1994) The increasing number of Asian Pacific Islander and Latino immigrants to the United States has fueled the recent swell of litigation over language rights in the workplace. Under Title VII of the Civil Rights Act of 1964, language-based discrimination-including accent discrimination and rules prohibiting the use of non-English languages in the... 1994
Rey M. Rodriguez The Misplaced Application of English-only Rules in the Workplace 14 Chicano-Latino Law Review 67 (Winter 1994) Increasingly, employers establish English-only rules in the workplace. This action on the part of employers follows a relatively large influx of Asian and Latin American immigrants into the United States, the addition of English-only amendments to state constitutions, and a mounting intolerance of legal and illegal immigration to the United States.... 1994
Robert S. Chang Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space 1 Asian Law Journal 1 (May, 1994) Prelude Introduction: Mapping the Terrain I. The Need for an Asian American Legal Scholarship A. That Was Then, This Is Now: Variations on a Theme 1. Violence Against Asian Americans 2. Nativistic Racism B. The Model Minority Myth C. The Inadequacy of the Current Racial Paradigm 1. Traditional Civil Rights Work 2. Critical Race Scholarships II.... 1994
Jim Chen Unloving 80 Iowa Law Review 145 (October, 1994) When Robert S. Chang declared the Asian American Moment in legal scholarship, I pondered whether his simultaneous announcement of new responsibilities for Asian American legal scholars had any impact on me. Professor Chang's piece reverberated with the rhetoric of a secessionist manifesto, and I reflexively recoiled. As a son of Georgia, I... 1994
Melvin D. Chan Fortino V. Quasar Co.: Invocation of Parents' U.s.-japan Fcn Treaty Rights Gives Japanese-owned U.s. Subsidiaries a Defense Against Title Vii 6 Transnational Lawyer 653 (Fall, 1993) C1-3TABLE OF CONTENTS I. INTRODUCTION. 654 II. LEGAL BACKGROUND. 655 A. The U.S.-Japan Treaty of Friendship, Commerce and Navigation. 656 B. Title VII of the Civil Rights Act of 1964. 658 1. Distinction Between National Origin and Citizenship. 659 2. Bona Fide Occupational Qualification Exception. 660 C. Judicial Attempts to Reconcile the of Their... 1993
Michael Greve Law School Enrollment Goals 79-JAN ABA Journal 41 (January, 1993) One of the nation's premier law schools, Boalt Hall, has been found to administer racial quotas that called for a student body composed of 8 percent to 10 percent black, 8 percent to 10 percent Hispanic, 5 percent to 7 percent Asian, and 1 percent American Indian. Boalt's goals excluded a huge number of highly qualified Asian applicants. This... 1993
Robin S. Levi Legacies of War: the United States' Obligation Toward AmerAsians 29 Stanford Journal of International Law 459 (Summer, 1993) In 1990 thousands of theater fans in the United States paid $100 a ticket to see Miss Saigon, a lavish musical that retold Madame Butterfly as the story of a Saigon bargirl and her child by a U.S. serviceman. Most of the public attention focused on the portrayal of a Eurasian by a caucasian British actor and the spectacle of a helicopter taking off... 1993
Katherine Tonnas Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America 20 Southern University Law Review 295 (Fall, 1993) The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... 1993
  Racial Violence Against Asian Americans 106 Harvard Law Review 1926 (June, 1993) Violence is always an outgrowth of milder states of mind. - Gordon Allport, The Nature of Prejudice Although comprehensive national statistics are unavailable, government commissions and Asian American communities agree that Asian Americans are frequently victimized by violent crime. In analyzing these crimes, this Note examines the catalytic role... 1993
Eileen M. Mullen Rotating Japanese Managers in American Subsidiaries of Japanese Firms: a Challenge for American Employment Discrimination Law 45 Stanford Law Review 725 (February, 1993) I. Introduction. 726 II. Allegations of Discrimination in Favor of Japanese Managers. 731 A. Americans Excluded from Decisionmaking. 731 1. Japanese-only meetings. 731 2. Meetings conducted in Japanese. 732 3. Information isolation. 733 4. Business conducted during Japanese-only socializing. 734 B. Titles Without Authority. 734 C. Separate Career... 1993
Reginald Leamon Robinson The Other Against Itself: Deconstructing the Violent Discourse Between Korean and African Americans 67 Southern California Law Review 15 (November, 1993) I. INTRODUCTION. 17 II. THE KOREAN AND AFRICAN AMERICAN COMMUNITIES: THE LEGAL NARRATIVE OF RACIAL INJUSTICE AND ECONOMIC INEQUALITY. 35 A. The African American Community: White Supremacy As National Policy. 41 1. The Antebellum Era. 42 2. The Post-Bellum Era. 44 B. The Asian American Community: Independence over Struggles Against Racism. 57 III.... 1993
Robert S. Chang Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space 81 California Law Review 1241 (October, 1993) Prelude. 1243 Introduction: Mapping the Terrain. 1247 I. The Need for an Asian American Legal Scholarship. 1251 A. That Was Then, This Is Now: Variations on a Theme. 1251 1. Violence Against Asian Americans. 1252 2. Nativistic Racism. 1255 B. The Model Minority Myth. 1258 C. The Inadequacy of the Current Racial Paradigm. 1265 1. Traditional Civil... 1993
Lisa C. Ikemoto Traces of the Master Narrative in the Story of African American/korean American Conflict: How We Constructed "Los Angeles" 66 Southern California Law Review 1581 (May, 1993) Many who have written about Los Angeles see the dynamics of race in the terrible events that took place on April 29 to May 1, 1992. Some blamed Black racism for what happened; others found fault with the behavior of Korean merchants. Others, more perceptively, blamed our society's system of white-over-colored supremacy for pitting the two outsider... 1993
Jeffrey J. Mayer A Critical Analysis of Judicial Attempts to Reconcile the United States-japan Friendship, Commerce and Navigation Treaty with Title Vii 13 Northwestern Journal of International Law and Business 328 (Fall, 1992) The United States Court of Appeals for the Seventh Circuit recently overturned an award delivered against a Japanese company for violation of United States anti-discrimination laws. In Fortino v. Quasar, Co., the defendant, a wholly-owned American subsidiary of a Japanese company, had dramatically reduced its work force and not only dismissed... 1992
Lairold M. Street, Esq Helping Japanese Firms Cope with Employee Benefits and U.s. Labor and Employment Laws 35 Howard Law Journal 381 (Spring, 1992) Recent developments in transnational employment and labor law in the area of Friendship, Commerce, & Navigation Treaties (FCN) illustrate the growth of American and foreign companies worldwide. Countries are becoming aware of the implications of employment and legal issues that transcend national borders. Foreign companies operating in the United... 1992
Paul Lansing , Tamra Domeyer Japan's Attempt at Internationalization and its Lack of Sensitivity to Minority Issues 22 California Western International Law Journal 135 (1991/1992) On September 22, 1986 Japan's then Prime Minister Yasuhiro Nakasone committed a political blunder that would have reverberating consequences throughout the world. On that day, Nakasone explained the rationale behind Japanese success to the Liberal Democratic Party: Japan has become a highly educated society; it has become quite an intelligent... 1992
Mabel Ng Miss Saigon: Casting for Equality on an Unequal Stage 14 Hastings Communications and Entertainment Law Journal (COMM/ENT) 451 (Spring, 1992) A. Asian-Americans Protest Casting of Lead Character B. Producer Cancels Broadway Show C. The Tension Between Artistic Rights and Equal Employment Opportunities A. Star Status or Unique Services of Foreign Actors B. Artistic Discretion A. Concept Defined B. Race- or Culture-Specific Roles C. No-Interference Clauses in the Production Contract D. The... 1992
Carolyn Jin-Myung Oh Questioning the Cultural and Gender-based Assumptions of the Adversary System: Voices of Asian-american Law Students 7 Berkeley Women's Law Journal 125 (1992) The political and legal institutions of a country inevitably reflect the ethos of its dominant culture. The legal system in the United States is no exception. It has been and continues to be shaped by the cultural values prevalent in America, especially the values held by those in powereducated white men. The entry of women in increasing numbers... 1992
Su Sun Bai Affirmative Pursuit of Political Equality for Asian Pacific Americans: Reclaiming the Voting Rights Act 139 University of Pennsylvania Law Review 731 (January, 1991) The participation of Asian Pacific Americans in the American political process has recently attracted significant media attention as the mainstream political leadership has come to recognize a growing enclave of potential votes and other forms of valuable support. Popular perceptions of Asian Pacific Americans as an economically successful minority... 1991
Richard Delgado , Jean Stefancic Norms and Narratives: Can Judges Avoid Serious Moral Error? 69 Texas Law Review 1929 (June, 1991) I. Introduction. 1929 II. Notorious Cases and Saving Narratives: What the Juxtaposition Shows. 1934 A. Dred Scott and Plessy v. Ferguson. 1934 B. Indian Cases. 1939 C. The Chinese Exclusion Case. 1943 D. The Japanese Internment Cases. 1945 E. Bradwell v. Illinois. 1947 F. Buck v. Bell. 1948 G. Bowers v. Hardwick. 1950 III. Law and Literature: The... 1991
Grace W. Tsuang Assuring Equal Access of Asian Americans to Highly Selective Universities 98 Yale Law Journal 659 (January, 1989) In the post-Bakke era, many institutions of higher education have sought to maintain their commitment to minority admissions programs without the use of explicit racial quotas. In Bakke, Justice Powell deemed the Harvard Admissions Program, which considers race or ethnic background a plus' in evaluating the applicant, the ideal means to achieve... 1989
  Justice Delayed: the Record of the Japanese American Internment Cases. Edited by Peter Irons. Middletown, Connecticut: Wesleyan University Press. 1989. Pp. Xi, 436. $40.00. 103 Harvard Law Review 403 (November, 1989) Peter Irons collects the essential documents and provides a moving narrative of the successful legal challenge to the Supreme Court's 1943 and 1944 decisions upholding the evacuation and internment of 120,000 Americans of Japanese descent after the attack on Pearl Harbor. Irons, a political scientist and attorney who assisted in the recent... 1989
  Land Use-exclusionary Zoning-community Displacement Within New York City Not Actionable under New York Constitution-Asian Americans for Equality V. Roch, 72 N.y.2d 121, 527 N.e.2d 265, 531 N.y.s.2d 782 (1988). 102 Harvard Law Review 1092 (March, 1989) Although the United States Supreme Court has imposed only minimal constitutional restrictions on local zoning, several state courts have held that exclusionary zoningthat is, regulations that by design or effect restrict residence in a community to wealthy residents violates state constitutional requirements. In Berenson v. Town of New Castle,... 1989
Glenn P. Harris Sovereign Immunity 55 George Washington Law Review 1068 (May/August, 1987) The forced evacuation, relocation, and detention of nearly 120,000 Japanese-American citizens during the Second World War stands as a prominent scar on our heritage of constitutional liberties. To remedy this injustice, the D.C. Circuit recently allowed victims of the detention program and their relatives to sue the federal government for damages,... 1987
Philip Tajitsu Nash Moving for Redress and Justice for All: an Oral History of the Japanese American Detention Camps. By John Tateishi. New York: Random House, 1984. Pp. 260. 94 Yale Law Journal 743 (January, 1985) Over 120,000 Americans of Japanese ancestry were forcibly removed from their west coast homes in 1941 and early 1942, suffering extensive property, income, and psychological damage as a result. Despite reports to the contrary by staff members of the F.B.I. and Office of Naval Intelligence, military leaders argued that persons of Japanese ancestry... 1985
Sheri Lynn Johnson Cross-racial Identification Errors in Criminal Cases 69 Cornell Law Review 934 (June, 1984) C1-3Table of Contents L1-2Introduction 935 I. The Reliability of Cross-Racial Identification. 937 A. The Own-Race Phenomenon. 938 1. Laboratory Findings. 938 a. White Subjects. 938 b. Black Subjects. 940 c. Asian American Subjects. 940 2. External Validity. 941 B. Correlates and Explanations of the Own-Race Effect. 943 C. Laymen's Beliefs About... 1984
Barry Sullivan Justice at War. By Peter Irons. New York and Oxford: Oxford University Press. 1983. Pp. Xiii, 407. $18.95 60 Notre Dame Law Review 237 (1984) In the months following the Japanese attack at Pearl Harbor, the United States government first imposed a curfew on Japanese Americans residing in the Western states and then ordered their evacuation and detention in internment camps. These measures, as the Commission on Wartime Relocation and Internment of Civilians has recently explained, were... 1984
  Justice at War: the Story of the Japanese American Internment Cases. By Peter Irons. New York: Oxford University Press. 1983. Pp. Xiii, 407. $18.95. 82 Michigan Law Review 887 (February, 1984) Peter Irons's, Justice at War adds new evidence to the extensive array of literature attacking the internment of Japanese Americans during World War II and the Supreme Court cases that sanctioned the internment. In Justice at War, Irons focuses on lawyers who could have prevented the internment tragedy - those who had significant connections with... 1984
Arval A. Morris Justice, War, and the Japanese-american Evacuation and Internment. Book Review Of-justice at War: the Story of the Japanese American Internment Cases-by Peter Irons. New York: Oxford University Press, 1983. Pp. Xiii, 407. $18.95. 59 Washington Law Review 843 (September, 1984) With all the advantages of hindsight, the shameful episode that saw the militarily ordered exclusion and internment of over 112,000 Japanese Americans during World War II without declaration of martial law looms as one of the greatest mass deprivations of civil liberties by the American government since slavery. This harsh, vast, and discriminatory... 1984
Major John H. Culley, USAFR Relocation of Japanese Americans: the Hawaiian Experience 24 Air Force Law Review 176 (1984) The Japanese Navy struck a crippling blow at the American Pacific fleet stationed at Pearl Harbor on 7 December 1941. Along with reports about the devastation on battleship row, newspapers and radios carried mysterious rumors impugning the loyalty of those residents of Hawaii who happened to be of Japanese ancestry. These individuals were alleged... 1984
Kenneth L. Karst Justice at War 62 Texas Law Review 1147 (March, 1983) Last November, in the United States District Court in San Francisco, Judge Marilyn Hall Patel vacated Fred Korematsu's 1942 conviction for violation of an executive order requiring the relocation of all persons of Japanese ancestry living along the West Coast, a conviction that the Supreme Court affirmed in 1944. Judge Patel granted the order in... 1983
Robert B. McKay CaucAsians Only. By Clement E. Vose. Berkeley and Los Angeles: University of California Press, 1959. Pp. Xi, 296. $6.00 69 Yale Law Journal 1482 (July, 1960) The Restrictive Covenant Cases of 1948Shelley v. Kraemer and Hurd v. Hodge were possibly the most noteworthy civil rights cases of their decade. By denying on equal-protection and due-process grounds the power of staite and federal courts to give specific enforcement to covenants aimed at the exclusion of Negroes, the Supreme Court greatly... 1960
  The Alien Land Laws: a Reappraisal 56 Yale Law Journal 1017 (June, 1947) The return of Japanese evacuees from wartime relocation centers to the West Coast has brought the alien land laws of the Pacific Coast states once more before the courts. The states, inspired by war strengthened anti-Japanese sentiment, have undertaken a revitalized campaign to enforce the prohibitions against the holding of agricultural land by... 1947
Eugene V. Rostow The Japanese American Cases-a Disaster 54 Yale Law Journal 489 (June, 1945) He [the King of Great Britain] has affected to render the Military independent of and superior to the Civil Power. The Declaration of Independence War is too serious a business to be left to generals. Clemenceau Our war-time treatment of Japanese aliens and citizens of Japanese descent on the West Coast has been hasty, unnecessary and mistaken.... 1945
Robert Redfield Prejudice. Japanese-americans: Symbol of Racial Intolerance. By Carey Mcwifliams. Boston: Little, Brown & Co., 1944. Pp. 337. $3.00 54 Yale Law Journal 176 (December, 1944) This book tells of the removal from the Pacific Coast of our fellow citizens of Japanese ancestry and their Japanese parents, of what led up to it, and of what has and may come of it. The removal was compelled by military power as a measure of war. Less than one hundred and fifty thousand people were directly involved, and in the military history... 1944
  Alien Enemies and Japanese-americans: a Problem of Wartime Controls 51 Yale Law Journal 1316 (June, 1942) A problem of increasing importance in wartime America is the control of those groups in the population whose ties with the enemy make them potential enemy agents, but who have committed no overt act sufficient to justify detention. The problem is more immediate than in any previous foreign war because the continental United States is in danger of... 1942
         
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