| Author | Title | Citation | Summary | Year |
| Deborah N. Archer |
TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES |
30 Journal of Affordable Housing & Community Development Law 253 (2021) |
Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... |
2021 |
| Deborah N. Archer |
TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES |
106 Iowa Law Review 2125 (July, 2021) |
Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... |
2021 |
| Matthew Bender |
UNMUTED: SOLUTIONS TO SAFEGUARD CONSTITUTIONAL RIGHTS IN VIRTUAL COURTROOMS AND HOW TECHNOLOGY CAN EXPAND ACCESS TO QUALITY COUNSEL AND TRANSPARENCY IN THE CRIMINAL JUSTICE SYSTEM |
66 Villanova Law Review 1 (2021) |
A defendant's fundamental right to a public trial, and the press and community's separate right to watch court, has been threatened by the shift to virtual hearings. These independent constitutional rights can be in harmony in some cases and clash in others. They cannot be incompatible. Public interest in criminal justice transparency is... |
2021 |
| |
VI. PRISONERS' RIGHTS |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
2021 |
| G. Alex Sinha |
VIRTUOUS LAW-BREAKING |
13 Washington University Jurisprudence Review 199 (2021) |
A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... |
2021 |
| Rebecca Sharpless |
VIRUS AS FOREIGN INVADER: U.S. VOTERS & THE IMMIGRATION DEBATE |
75 University of Miami Law Review 547 (Winter, 2021) |
Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held... |
2021 |
| Terry Ao Minnis |
VOTING IS A UNIVERSAL LANGUAGE: ENSURING THE FRANCHISE FOR THE GROWING LANGUAGE MINORITY COMMUNITY IN MINNESOTA |
105 Minnesota Law Review 2597 (June, 2021) |
Minnesota has long held a reputation for being proactively prodemocratic and on the cutting edge of breaking down barriers to the ballot box and making voting more accessible. According to MIT Election Data and Science Lab's Election Performance Index, an objective measure that comprehensively assesses how election administration functions in each... |
2021 |
| Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson |
WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 |
55 Law and Society Review 227 (June, 2021) |
White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... |
2021 |
| Meera E. Deo |
WHY BIPOC FAILS |
107 Virginia Law Review Online 115 (June, 2021) |
Racial tensions have been endemic to the U.S. since its founding. In 2020, this racial conflict bubbled over into the streets as those supporting Black Lives Matter and opposing a long history of racist police violence congregated to demand justice. Last year and still now, the global pandemic has placed additional stress on communities of color,... |
2021 |
| James Thuo Gathii |
WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER |
67 UCLA Law Review 1610 (April, 2021) |
This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to... |
2021 |
| Peter Nien-chu Kiang |
Exploring Boston's Nisei Sources and Contributions to the Japanese American Redress Movement |
27 Asian American Law Journal 53 (2020) |
Editorial Note: Cited Attachments can be found at the article link on the Asian American Law Journal website (https://lawcat.berkeley.edu/record/1181477). Introduction. 53 I. Archival Sources in Asian American Studies. 54 II. Overview of Nisei History in Boston. 55 III. Local Nisei Leadership Legacies. 58 IV. Boston's Contributions to the... |
2020 |
| Stephanie Cho , Phi Nguyen , Nathalie Levine , Yuri Lee |
Strengthening the Asian American Electorate |
45 Human Rights 13 (2020) |
On November 6, 2018, DeKalb County residents Mr. and Mrs. Kim* went to vote in the Georgia gubernatorial election (*names have been changed to protect privacy). The Kims were accompanied by a Korean-speaking interpreter from our organization, Asian Americans Advancing Justice-Atlanta, who would help them read the ballots they intended to cast.... |
2020 |
| Robert J. Rhee |
The Political Economy of Corporate Law and Governance: American and Korean Rules under Different Endogenous Conditions and Forms of Capitalism |
55 Wake Forest Law Review 649 (Fall, 2020) |
Advanced economies operate under different forms of capitalism and social order. Corporate law is fixed only insofar as a country's political economy and social organization are static. This article explains why an advanced economy may choose inefficient rules. Korean rules are the product of past industrial development policies and current... |
2020 |
| Edward J.W. Park |
The Political Formation of Korean Americans, 1992-2019: from Ethnic Politics to Managing Transnational Lives - an Interview with Professor Edward Park |
27 Asian American Law Journal 19 (2020) |
Editorial Disclaimer: The interview transcript below is based upon, but does not exactly reflect, an interview of the author. All editorial changes have been reviewed and approved by the author. Introduction. 19 Interview Transcript. 22 Personal History. 22 The Demographics of Los Angeles. 23 Korean Americans, African Americans, and Latinos. 24... |
2020 |
| Frank H. Wu |
Asian Americans and Affirmative Action--again |
26 Asian American Law Journal 46 (2019) |
Asian Americans at last have been introduced to the civil rights movement, but in the awkward role of potential spoilers apparently opposed to the interests of African Americans and other people of color. Asian Americans now are the plaintiffs in the ongoing attacks on affirmative action and diversity more generally, in lieu of whites depicted as... |
2019 |
| OiYan A. Poon , Liliana M. Garces , Janelle Wong , Megan Segoshi , David Silver , Sarah Harrington |
Confronting Misinformation Through Social Science Research: Sffa V. Harvard |
26 Asian American Law Journal 4 (2019) |
In the ongoing case of Students for Fair Admissions v. Harvard, Edward Blum is attempting once again to use Students for Fair Admissions (SFFA), his anti-affirmative action organization, to further limit the use of race as one factor in holistic admissions processes. But this time, Blum purports to be acting on behalf of a group of anonymous Asian... |
2019 |
| Ana Duong, Eun Sun Jang, Co-Editor-in-Chief and Managing Editor, 2018-2019, Volume 26, Asian American Law Journal |
Editors' Note |
26 Asian American Law Journal 1 (2019) |
We are publishing at a time that has been exciting for the Asian Pacific Islander (API) community in many ways. From the box office success of Crazy Rich Asians to the unprecedented influx of women and people of color in Congress, there has been greater representation of API voices, talents, and stories. It has been incredibly surreal to see more... |
2019 |
| Russell W. Jacobs |
Ethnicity and the Recognition of Asian Surnames Through Trademark Filings |
30 Fordham Intellectual Property, Media and Entertainment Law Journal 17 (Fall, 2019) |
This Article presents the results of a study using U.S. Patent and Trademark Office (USPTO) trademark application records to determine the rates of recognition of surnames held by people belonging to six Asian ethnic groups-- Chinese, Filipino, Indian, Japanese, Korean, and Vietnamese. This study follows upon an earlier study that examined a... |
2019 |
| Lauren M. Vera, Marcus T. Boccaccini, Kelsey Laxton, Claire Bryson, Charlotte Pennington, Brittany Ridge, Daniel C. Murrie, Sam Houston State University, University of Virginia |
How Does Evaluator Empathy Impact a Forensic Interview? |
43 Law and Human Behavior 56 (February, 2019) |
We used an experimental design to test the key concern that expressive empathy from evaluators during forensic interviews leads to more disclosure of misbehavior (e.g., stealing, breaking the law, manipulating others) from evaluees. In the context of a psychopathy assessment interview, evaluees (N = 94, 100% male, 57.4% Caucasian) interviewed by an... |
2019 |
| Cynthia Chiu |
Justice or Just Us?: Sffa V. Harvard and Asian Americans in Affirmative Action |
92 Southern California Law Review 441 (January, 2019) |
C1-2TABLE OF CONTENTS INTRODUCTION. 442 I. THE CURRENT AFFIRMATIVE ACTION STANDARD. 446 II. THE ROLE OF ASIAN AMERICANS IN AFFIRMATIVE ACTION. 451 A. History of Asian Americans and Affirmative Action. 452 B. A History of Discrimination Against Asian Americans. 453 C. The Racial Bourgeoisie. 457 III. STUDENTS FOR FAIR ADMISSIONS V. HARVARD. 460 A.... |
2019 |
| Eric K. Yamamoto, Rachel Oyama |
Masquerading Behind a Facade of National Security |
128 Yale Law Journal Forum 688 (January 30, 2019) |
abstract. In 1944, the Supreme Court in Korematsu v. United States upheld President Roosevelt's executive order initiating the mass removal and incarceration of 120,000 Japanese Americans on falsified claims of group disloyalty. In the ensuing decades, some courts and scholars have cited Korematsu as precedent for extreme judicial deference when... |
2019 |
| Harvey Gee |
Redux: Arguing about Asian Americans and Affirmative Action at Harvard after Fisher |
26 Asian American Law Journal 20 (2019) |
Introduction. 20 I. The Students for Fair Admission Against Harvard College Lawsuit. 24 II. Repeating Tired Old Arguments. 29 III. Destination: Supreme Court?. 38 IV. Beyond Harvard: Race, Admissions, and the Lack of Student Diversity. 40 Conclusion. 44 |
2019 |
| Frank H. Wu |
Scattered: the Assimilation of Sushi, the Internment of Japanese Americans, and the Killing of Vincent Chin, a Personal Essay |
26 Asian American Law Journal 109 (2019) |
In a personal Essay, Frank H. Wu discusses the acceptance of sushi in America as a means of analyzing the acceptance of Japanese Americans, before, during, and after World War II. The murder of Vincent Chin in Detroit in 1982 is used as a defining moment for Asian Americans, explaining the shared experiences of people perceived as perpetual... |
2019 |
| Jonathan P. Feingold |
Sffa V. Harvard: How Affirmative Action Myths Mask White Bonus |
107 California Law Review 707 (April, 2019) |
In the ongoing litigation of Students for Fair Admissions v. Harvard College, Harvard faces allegations that its once-heralded admissions process discriminates against Asian Americans. Public discourse has revealed a dominant narrative: affirmative action is viewed as the presumptive cause of Harvard's alleged Asian penalty. Yet this narrative... |
2019 |
| Seth Johnson |
Students for Fair Admissions V. Harvard: Admissions Administrators Threaten the Future of Affirmative Action in the United States |
24 Public Interest Law Reporter 151 (Spring, 2019) |
According to the U.S Census Bureau's 2016 estimates, about 18,249,000, or 5.6%, of the 323,400,000 people living in the United States identify exclusively as Asian. Another 1,797,000 Americans identify as having partial Asian ancestry. In 2016, Asian-Americans comprised 16% of students enrolled at American four-year universities during the fall... |
2019 |
| Claire Sweetman |
Students for Fair Admissions V. Harvard: the Fate of Affirmative Action in Higher Education |
97 Denver Law Review Forum 100 (July 4, 2019) |
In November 2018, the grueling three week-long trial over whether the Harvard undergraduate admissions program discriminates against Asian-Americans came to a close. The outcome now lies in the hands of Judge Allison Burroughs of the District Court for the District of Massachusetts, who presided over the bench trial and is scheduled to issue her... |
2019 |
| Cory R. Liu |
Affirmative Action's Badge of Inferiority on Asian Americans |
22 Texas Review of Law and Politics 317 (Spring, 2018) |
Introduction. 318 I. A History of Discrimination Against Asians. 319 A. Yellow Peril and Anti-Asian Legislation. 321 B. Exclusion from Immigration and Naturalization. 322 C. Japanese Internment. 324 II. Persistent Stereotypes about Asians. 325 III. Affirmative Action's Badge of Inferiority. 330 A. Evidence of Racial Disparities in Admissions... |
2018 |
| |
Brief of Karen Korematsu, Jay Hirabayashi, Holly Yasui, the Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color as Amici Curiae in Support of Respondents |
68 Case Western Reserve Law Review 1237 (Summer, 2018) |
Karen Korematsu, Jay Hirabayashi, and Holly Yasui--the children of Fred Korematsu, Gordon Hirabayashi, and Minoru Yasui--come forward as amici curiae because they see the disturbing relevance of this Court's decisions in their fathers' infamous cases challenging the mass removal and incarceration of Japanese Americans during World War II to the... |
2018 |
| Giselle Guro |
Extending the Barriers of Family: How the Concept of "Nuclear Family" Affects Asian-americans in Poverty |
52 University of San Francisco Law Review 429 (2018) |
THE UNITED STATES HAS historically reinforced and promulgated the ideal of the nuclear family. This household ideal has resulted in a lack of awareness of the plight of Asian-American families living in poverty. Specifically, the government's inability to recognize multi-generational households has led to inadequate educational programs, welfare... |
2018 |
| Tom Coffman, Independent Scholar |
Harry N. Scheiber and Jane L. Scheiber, Bayonets in Paradise: Martial Law in Hawai'i During World War Ii. Honolulu: University of Hawai'i Press, 2016. Pp. 489. $45.00 Cloth (Isbn 9780824852887) Doi:10.1017/s0738248018000226 |
36 Law and History Review 667 (August, 2018) |
Justice Frank Murphy once wrote that two aspects of World War II could only be forgotten at our peril. One was the indiscriminate incarceration of Japanese aliens and Japanese Americans. The other was 4 years of martial law in Hawai'i. We have cried Never Again to the first but forgotten the second. Therefore, it is at long last that the legal... |
2018 |