| Author | Title | Citation | Summary | Year |
| 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 |