AuthorTitleCitationSummaryYear
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
Mark Conrad Matal V. Tam--a Victory for the Slants, a Touchdown for the Redskins, but an Ambiguous Journey for the First Amendment and Trademark Law 36 Cardozo Arts and Entertainment Law Journal 83 (2018) Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed immoral, deceptive, or scandalous; or those which may disparage individuals. This provision was the subject of a challenge by an Asian-American dance-rock band named The Slants after the trademark examiner refused to... 2018
Leslie P. Culver, rev'r My Enemy's Enemy and the Case for Rhetoric: Race, Nation, and Refuge: the Rhetoric of Race in Asian American Citizenship Cases Doug Coulson (Suny Press 2017), 318 Pages 15 Legal Communication & Rhetoric: JALWD 293 (Fall, 2018) There is a special need for rhetorical strategy in advocacy where legitimacy, power, and identity are rooted in particular relationships. In Race, Nation, and Refuge: The Rhetoric of Race in Asian American Citizenship Cases, Doug Coulson analyzes race eligibility cases to dramatically underscore the value of rhetoric in judicial advocacy. With this... 2018
Jon Tanaka Promoting Asian American Representation Through Copyright: Moral Rights in the Last Airbender and Fair Use in Ms. Marvel 25 Asian American Law Journal 88 (2018) Introduction. 88 I. Representation of Asian Americans in Popular Culture. 91 A. The Absence of Asian American Characters and Narratives. 93 B. The Whitewashing of Asian American Characters. 95 II. The Potential Role of Moral Rights and Fair Use. 98 A. Preventing Whitewashing with Moral Rights. 98 1. Moral Rights in the United States: The Visual... 2018
Andrew Chongseh Kim Prosecuting Chinese "Spies": an Empirical Analysis of the Economic Espionage Act 40 Cardozo Law Review 749 (December, 2018) [A]lmost every student that comes over to this country [from China] is a spy. --President Donald Trump, August 7, 2018 [We see China] us[ing] . professors, scientists, students [to steal intelligence] in almost every field office that the FBI has around the country. It's not just in major cities. It's in small ones as well. It's across basically... 2018
Noelle Nasif, Shyam K. Sriram, Eric R.A.N. Smith Racial Exclusion and Death Penalty Juries: Can Death Penalty Juries Ever Be Representative? 27-SPR Kansas Journal of Law & Public Policy 147 (Spring, 2018) In 1987, Timothy Foster, an African American man, was sentenced to death for homicide. He had broken into the home of Queen Madge White, a 79-year old Caucasian woman, and killed her during the commission of that burglary. He was 18 at the time. During voir dire, every single black juror was struck from the jury, leaving Foster to face an all-white... 2018
Neil Gotanda Reflecting on Race, Law and White Supremacy: Asian American and Muslim American Experiences 45 Western State Law Review 147 (Spring, 2018) I begin this reflection with a short note about myself - my subject position. I identify as a Japanese American, ethnic Buddhist. I was born and raised in Stockton, California, in the central valley. My family had returned so Stockton after being incarcerated in the Rohwer Arkansas Concentration Camp. My family had lived for a short while in St.... 2018
Hiroshi Fukurai, Alice Yang The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech 45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... 2018
Gabriel J. Chin , John Ormonde The War Against Chinese Restaurants 67 Duke Law Journal 681 (January, 2018) Chinese restaurants are a cultural fixture--as American as cherry pie. Startlingly, however, there was once a national movement to eliminate Chinese restaurants, using innovative legal methods to drive them out. Chinese restaurants were objectionable for two reasons. First, Chinese restaurants competed with American restaurants, thus threatening... 2018
Robert S. Chang Whitewashing Precedent: from the Chinese Exclusion Case to Korematsu to the Muslim Travel Ban Cases 68 Case Western Reserve Law Review 1183 (Summer, 2018) The travel ban cases test the extent of the President's authority to promulgate orders regarding the issuance of visas and the entry of refugees. Specifically at issue is whether the President's actions are even reviewable by the courts, as well as whether the President exceeded his statutory authority or acted in violation of the Establishment... 2018
Esther Yoona Cho A Double Bind-"Model Minority" and "Illegal Alien" 24 Asian American Law Journal 123 (2017) Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... 2017
Harvey Gee Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times 10 DePaul Journal for Social Justice 1 (Summer, 2017) The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... 2017
Joseph Jung Divided and Conquered: Los Angeles Koreatown and the Inadequacies of Voting Law 24 Asian American Law Journal 97 (2017) Introduction. 97 I. Redistricting: A Recurring Struggle for Fair Representation. 99 A. Lee v. City of Los Angeles. 100 B. Redistricting and Asian Americans. 101 C. The Inadequacies of Voting Law. 103 II. Limitations of Section 2 of the Voting Rights Act and the Equal Protection Clause. 105 A. The Voting Rights Act of 1965 and Section 2. 106 B.... 2017
Peggy Ni, Jon Tanaka, Editors-in-Chief, 2016-2017, Volume 24, Asian American Law Journal Editors' Note 24 Asian American Law Journal 1 (2017) The election of President Trump shaped the 2016-2017 year. For Asian Americans, as for many minority groups, the rhetoric of the election and the policies of Trump's subsequent presidency have raised questions about our place and purpose in today's America. In an America that rewarded a campaign fueled by nativist, ethnocentric rhetoric, where are... 2017
Harvey Gee Journey Towards Justice: the Historical and Legal Legacy of Fred Korematsu and the Japanese American Internment in a Post-9/11 World 50 Suffolk University Law Review 237 (2017) In January 2017, President Obama made a final push towards his longstanding national security goal of closing the military base at Guantanamo Bay and transferring its remaining forty-one detainees to U.S. facilities. Obama explained that the push reflects the lessons that we've learned since 9/11, lessons that need to guide our nation going... 2017
Terry Ao Minnis No Longer Invisible: Engaging the Growing Asian American Electorate in the South 85 Mississippi Law Journal 1333 (2017) Introduction / Southern Demographics & AAPIs. 1334 I. Barriers to Voting for Asian Americans. 1334 A. Language Barrier. 1335 B. Racist Stereotype of Perpetual Foreigner as a Barrier. 1337 C. Voting Discrimination as a Barrier. 1341 D. Loss of Section 5 Protections as a Barrier. 1343 II. Ways to Address the Needs of the Asian American Electorate... 2017
Angela M. Banks Respectability & the Quest for Citizenship 83 Brooklyn Law Review 1 (Fall, 2017) Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... 2017
Solangel Maldonado Romantic Discrimination and Children 92 Chicago-Kent Law Review 105 (2017) In recent years, social scientists have used online dating sites to study the role of race in the dating and marriage market. Their research has revealed a racialized and gendered hierarchy that disproportionately excludes African-American men and women and Asian-American men. For decades, other researchers have studied the risks and outcomes for... 2017
  The Harvard Plan That Failed Asian Americans 131 Harvard Law Review 604 (December, 2017) In November 2014, Students for Fair Admissions (SFFA) filed a complaint against Harvard College in federal district court. SFFA claims that Harvard discriminates against Asian Americans by holding them to higher admissions standards than any other racial group, including whites. Because Harvard is an institution that accepts federal funds, it... 2017
Li Chen The Legal Education of the First Chinese American Admitted to the New York Bar in the Twentieth Century and His Crusade to End Discrimination Against Ethnic Chinese in America 45 International Journal of Legal Information 219 (Winter 2017) This article attempts to reveal how a typical first generation Chinese American activist set out to go to law school to learn the skill set to help fight against racial prejudice directed at the Chinese in the early twentieth century. It examines how Hua Chuen Mei, a first-generation Chinese American lawyer was educated and trained in America; it... 2017
Stuart Chinn Trump and Chinese Exclusion: Contemporary Parallels with Legislative Debates over the Chinese Exclusion Act of 1882 84 Tennessee Law Review 681 (Spring, 2017) Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative-historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points... 2017
Cynthia Gonzalez We've Been Here Before: Countering Violent Extremism Through Community Policing 74 National Lawyers Guild Review 1 (Spring, 2017) In the past, our courts have decided that African-Americans have no rights the white man is bound to respect, separate but equal is appropriate under the federal Constitution, it is criminal to speak against our military's involvement in a war, and interning Japanese-Americans is a legitimate national security measure. While these historical... 2017
Timothy Webster Why Does the United States Oppose Asian Investment? 37 Northwestern Journal of International Law and Business 213 (Spring, 2017) Abstract: Conventional wisdom portrays the United States as open to foreign investment. This Article challenges that narrative by examining key moments when the U.S. government has not welcomed foreign investment. First, it shows that Anti-Asian sentiment has spurred the creation of U.S. investment law over the past forty years. Second, it... 2017
Nicholas J. Schroeck A Changing Environment in China: the Ripe Opportunity for Environmental Law Clinics to Increase Public Participation and to Shape Law and Policy 18 Vermont Journal of Environmental Law 1 (Fall, 2016) Introduction. 1 I. Environmental Pollution and Fundamental Changes to Chinese Environmental Law. 2 China's Revised Environmental Protection Law. 3 II. Environmental Policy and the Essential Role of Environmental Law Clinics. 5 United States Environmental Law Clinics Working for Environmental Justice. 8 III. United States Environmental Law Clinics... 2016
Iyanrick John , Kathy Ko Chin A Review of Policies and Strategies to Improve Access to Health Care for Limited English Proficient Individuals in the Asian American, Native Hawaiian, and Pacific Islander Community 16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... 2016
Yoshinori H. T. Himel Americans' Misuse of "Internment" 14 Seattle Journal for Social Justice 797 (Spring, 2016) In any age, careful users of language will make distinctions; careless users of language will blur them. Many Americans have used the word internment to denote World War II's civil liberties calamity of mass, race-based, nonselective forced removal and incarceration of well over 110,000 Japanese American civilians, most of them American citizens.... 2016
Frank H. Wu Are Asian Americans Now White? 23 Asian American Law Journal 201 (2016) All right: we're dispensing with the mic; I think I can project. You know, Asian Americans are always supposed to be quiet and submissive, so I always want to be as loud as possible. Good afternoon, friends. I would like to start with a personal story. More than 25 years ago, when I started law school at a fine institution in the American Midwest,... 2016
Denny Chin, Kathy Hirata Chin Asian Americans and the Law 11 Judicial Notice 6 (2016) In 1750,a small group of Filipino sailors landed in what would later become Louisiana. Scholars believe these were the first Asians to settle in the United States. The first Chinese, principally merchants, seamen, and students, arrived in the United States in 1820. By 1848, there were only approximately 325 Chinese--all men--in the United States.... 2016
Kelsey Inouye Asian Americans: Identity and the Stance on Affirmative Action 23 Asian American Law Journal 145 (2016) Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... 2016
Mehera Nori Asian/american/alien: Birth Tourism, the Racialization of Asians, and the Identity of the American Citizen 27 Hastings Women's Law Journal 87 (Winter 2016) On March 3, 2015, federal agents raided thirty-seven locations in Southern California as part of an investigation into the practice of birth tourism, also known as maternity tourism. Investigators focused on three multimillion-dollar businesses that catered to wealthy, pregnant Chinese women hoping to give birth to their babies on American... 2016
Mary Szto From Exclusion to Exclusivity: Chinese American Property Ownership and Discrimination in Historical Perspective 25 Journal of Transnational Law & Policy 33 (2015-2016) I. Introduction. 34 II. Today's Chinese Real Estate Investors. 37 III. The Maritime Silk Road and Early Chinese Arrivals in the US. 42 A. The Maritime Silk Road. 43 B. The 1849 Gold Rush. 45 IV. Violence, Anti-Chinese Legislation, and Resistance. 47 V. Building of the Transcontinental Railroad (1863-1869). 49 VI. The 1868 Burlingame Treaty. 53 VII.... 2016
Harvey Gee Habeas Corpus, Civil Liberties, and Indefinite Detention During Wartime: from ex Parte Endo and the Japanese American Internment to the War on Terrorism and Beyond 47 University of the Pacific Law Review 791 (2016) I. Introduction. 792 II. The Internment of Japanese Americans and Endo: It was About Race Despite the Government and Supreme Court Insistence that It Was About Military Necessity . 796 A. The Three Internment Cases Leading Up to Endo. 799 B. Endo's Petition for Writ of Habeas Corpus and Justice Douglas' Avoidance of the Constitutional Issues. 801... 2016
Ji Li I Came, I Saw, I. . . Adapted: an Empirical Study of Chinese Business Expansion in the United States and its Legal and Policy Implications 36 Northwestern Journal of International Law and Business 143 (Winter 2016) Abstract: China's economic expansion into the United States has generated intense debates and controversies. Some view it as posing a critical challenge to extant U.S. institutions; others see China as a stakeholder of the extant system and that the Chinese investors are by and large playing our game. However, theories and hypotheses on the... 2016
Stewart Chang Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority 23 Asian American Law Journal 5 (2016) Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... 2016
Kevin Lam Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.s.: the Case for Court-appointed Mediation Programs 17 Cardozo Journal of Conflict Resolution 989 (Spring 2016) Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese... 2016
David B. Oppenheimer, Swati Prakash, Rachel Burns Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law 26 Berkeley La Raza Law Journal 1 (2016) Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... 2016
Ethan Hee-Seok Shin The "Comfort Women" Reparation Movement: Between Universal Women's Human Right and Particular Anti-colonial Nationalism 28 Florida Journal of International Law 87 (April, 2016) I. Introduction. 88 II. Imperial Japan and Its Aftermath. 91 A. Imperial Japan up to 1945. 91 B. The Politico-Legal Settlement after World War II. 94 C. Reparation Movement since the 1990s: From the Political to the Legal. 99 III. Main Legal Issues of the Japanese Reparation. 103 A. (Il)legality of Imperial Japan's Colonial Rule over Korea. 103 B.... 2016
Nancy Leong The Misuse of Asian Americans in the Affirmative Action Debate 64 UCLA Law Review Discourse 90 (2016) Opponents of affirmative action often claim that Asian Americans are injured by affirmative action. This argument is both inaccurate and strategic rather than motivated by real concern for Asian Americans. This Essay explains how Asian Americans in fact benefit from affirmative action. It also exposes the way that framing opposition to affirmative... 2016
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