AuthorTitleCitationSummaryYear
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
Corinna Barrett Lain Three Supreme Court "Failures" and a Story of Supreme Court Success 69 Vanderbilt Law Review 1019 (May, 2016) Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated separate but equal, sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky's measure in The Case Against the Supreme Court, all three are... 2016
Emily S. Zia What Side Are We On? A Call to Arms to the Asian American Community 23 Asian American Law Journal 169 (2016) Introduction. 169 I. The Complicated History of Asian Americans and Affirmative Action. 175 A. A Quick History of Affirmative Action in California. 175 B. The Ideological Debate Over Asian Americans' Stance on Affirmative Action. 180 II. The SCA5 Debate. 183 III. Racial Triangulation and the Dangers of Honorary Whiteness . 187 IV. A Call to Arms.... 2016
Chan Hee Chu When Proportionality Equals Diversity: Asian Americans and Affirmative Action 23 Asian American Law Journal 99 (2016) In recent years, Asian Americans have become key players in the affirmative action debate. The current legal scholarship, however, has painted an overly simplistic picture of the impact of affirmative action on Asian Americans. Frank Wu, William C. Kidder, and other scholars have asserted that negative rather than affirmative action is the cause of... 2016
Shawn Ho A Critique of the Motivations Behind Negative Action Against Asian Americans in U.s. Universities: the Model Victims 5 Columbia Journal of Race and Law 79 (2015) To deal effectively with negative action against Asian Americans, it is crucial to first understand the motivations behind negative action. This Article posits that these motivations are complex--they are an intricate tapestry of racism and benevolence interwoven with both conscious and unintentional aspects. In theorizing about and critiquing... 2015
Kim D. Chanbonpin Between Black and White: the Coloring of Asian Americans 14 Washington University Global Studies Law Review 637 (2015) While reporting on the civil unrest that followed the police killing of Mike Brown in Ferguson, Missouri last August, Fox News host Bill O'Reilly became enraged when his guest Megyn Kelly suggested that race-based privilege shields White people from police violence while it simultaneously subordinates Black people. After the brief on-air debate,... 2015
Paul Finkelman Coping with a New "Yellow Peril": Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War Ii 117 West Virginia Law Review 1409 (Spring, 2015) I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... 2015
Stewart Chang Feminism in Yellowface 38 Harvard Journal of Law & Gender 235 (Summer 2015) Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... 2015
Carol G.S. Tan How a "Lawless" China Made Modern America: an Epic Told in Orientalism Legal Orientalism: China, the United States and Modern Law. By Teemu Ruskola. Cambridge, Mass.: Harvard University Press. 2013. Pp. 338. $39.95 128 Harvard Law Review 1677 (April, 2015) Legal Orientalism begins with a map of modern law in which the United States and China are located at opposite ends. America sees itself as being built on particularly universal political values in which law is given a privileged position (p. 9). From this perspective, China and Chinese law are cast as being universally particular (p. 9). In... 2015
Peter Irons How Solicitor General Charles Fahy Misled the Supreme Court in the Japanese American Internment Cases: a Reply to Charles Sheehan 55 American Journal of Legal History 208 (April, 2015) The judicial process is seriously impaired when the government's law enforcement officers violate their ethical obligations to the court. United States District Judge Marilyn Hall Patel, vacating the conviction of Fred Korematsu In its October 2014 issue, this journal published an article by Charles Sheehan, entitled Solicitor General Charles... 2015
Donna H. Lee Intimate Partner Violence Against Asian American Women: Moving from Theory to Strategy 28 Columbia Journal of Gender and Law 315 (2015) Despite theoretical advances in understanding intimate partner violence (IPV), practical strategies for addressing the destruction it wreaks on individuals, families, and communities have stagnated. Criminal prosecutions of domestic violence, legal services to help IPV survivors obtain civil orders of protection, emergency shelters, and social... 2015
Debito Arudou Japan's Under-researched Visible Minorities: Applying Critical Race Theory to Racialization Dynamics in a Non-white Society 14 Washington University Global Studies Law Review 695 (2015) Critical Race Theory (CRT), an analytical framework grounded in American legal academia, uncovers power relationships between a racialized enfranchised majority and a disenfranchised minority. Although applied primarily to countries and societies with Caucasian majorities to analyze White Privilege this Article applies CRT to Japan, a non-White... 2015
Myunghwa Lee Legislative Initiative for Work-family Reconciliation in South Korea: a Comparative Analysis of the South Korean, American, French, and German Family Leave Policies 22 Asian American Law Journal 45 (2015) This thesis compares the family leave policies (maternity, paternity and parental leave) of South Korea, U.S., France, and Germany by exploring the cultural context and purposes in adopting family leave laws. Unlike Western nations, family leave legislation has been ineffective in South Korea since family leave laws were adopted as a means to... 2015
Harvey Gee National Insecurity: the National Defense Authorization Act, the Indefinite Detention of American Citizens, and a Call for Heightened Judicial Scrutiny 49 John Marshall Law Review 69 (Fall, 2015) I. Introduction. 69 II. The Japanese American Internment. 73 III. The NDAA and the War Against Terrorism. 79 A. 2001 Authorization of Use of Military Force. 79 B. National Defense Authorization Act of 2012. 80 C. Hamdi v. Rumsfeld and Establishing the Legal Authority for the NDAA. 83 IV. Hedges v. Obama. 85 V. Learning from History and Avoiding... 2015
Li Chen Pioneers in the Fight for the Inclusion of Chinese Students in American Legal Education and Legal Profession 22 Asian American Law Journal 5 (2015) In 1878, the first Chinese student, Sit Ming Cook, sought entry into an American law school and was rejected because of his race. Chang Hong Yen, the second Chinese law student, was more fortunate. In 1884, Chang journeyed to New York City to embark on his legal education at Columbia Law School. A former Chinese Government Scholar, Chang had nine... 2015
Katherine Lee Goyette The Bamboo Ceiling 84-JAN Journal of the Kansas Bar Association 14 (January, 2015) Aren't you supposed to be good at math? This stereotypical phrase has echoed my entire educational career. Same inquiry, same response: No, just because I'm Asian [American], doesn't mean that I'm good at math. Scholars have analyzed the various perceptions of Asian-Americans: (1) As foreigners; despite having been born in the United States, or... 2015
Vinay Harpalani To Be White, Black, or Brown? South Asian Americans and the Race-color Distinction 14 Washington University Global Studies Law Review 609 (2015) People often use race and color terminology interchangeably in common parlance. When the renowned African American scholar W.E.B. Du Bois stated that the problem of the twentieth century is the problem of the color line, he was referring to rampant and overt racism faced by African Americans and non-European peoples all over the world. Within the... 2015
Vernon Nase , Nicholas Humphrey Angry People in the Sky: Air Rage and the Tokyo Convention 79 Journal of Air Law and Commerce 701 (Fall 2014) I. INTRODUCTION. 702 II. THE GLOBAL NATURE OF THE PROBLEM. 703 III. RELEVANT JURISPRUDENCE. 705 IV. THE ACUTE NATURE OF THE PROBLEM IN CHINA. 708 A. The Delay Issue. 710 B. Growth of Chinese Market Demands More Air Space Be Allocated. 711 C. Passenger Expectations. 712 V. AIR RAGE FROM THE AIRLINES' PERSPECTIVE. 713 A. International Air Transport... 2014
Joan C. Williams Double Jeopardy? An Empirical Study with Implications for the Debates over Implicit Bias and Intersectionality 37 Harvard Journal of Law & Gender 185 (Winter, 2014) Introduction. 186 I. The NSF Study. 189 A. Methodology. 189 B. No Surprise: Women of Color Encounter Racial as well as Gender Bias. 194 C. Black Women. 195 D. Latinas. 205 E. Asian American Women. 212 II. Implications for the Debate over Implicit Bias. 219 III. Implications for the Intersectionality Debate. 233 A. Intersectional Plaintiffs' Fate in... 2014
  Editors' Note 21 Asian American Law Journal 1 (2014) This year marks the fiftieth anniversary of the landmark 1964 Civil Rights Act, which outlawed discrimination on the basis of race, color, religion, sex, and national origin. Although the Chinese Exclusion Act is long gone and the United States government has admitted the great injustice in interning over 110,000 Japanese Americans, our country... 2014
Peggy Li Hitting the Ceiling: an Examination of Barriers to Success for Asian American Women 29 Berkeley Journal of Gender, Law & Justice 140 (Winter 2014) I. Introduction. 141 II. The Glass Ceiling, The Bamboo Ceiling, and their Exclusion of Asian American Women. 142 A. The Glass Ceiling. 143 B. The Bamboo Ceiling. 145 C. The Exclusion of Asian American Women. 146 III. Using Intersectionality to Acknowledge the Experiences of Asian American Women. 148 IV. Understanding the Origins and Perpetuation of... 2014
Will Sarvis Melting Pot Benevolence and Liberty Patriotism: the Importance of the Moral Cosmopolitanism Precedent in Asian American History 3 British Journal of American Legal Studies 197 (Spring, 2014) Between the 1860s-1930s, there were a significant number of Chinese, Japanese, and various Caucasian peoples who embraced interracial friendships in the United States. Not only were these brave souls ahead of their time, but they exercised a moral cosmopolitan attitude amidst some of the fiercest racial discrimination in American history. Until... 2014
Charles Sheehan Solicitor General Charles Fahy and Honorable Defense of the Japanese-- American Exclusion Cases 54 American Journal of Legal History 469 (October, 2014) The exclusion cases draw limitless commentary. Their defenders, if any, are silent. Their detractors occupy a field rich with constitutional spoils. They long ago hollowed out and carried off the core of executive and military orders, legislative acts and judicial decisions. none could wish it otherwise. The cause to right the great exclusion wrong... 2014
Glenn D. Magpantay Sound Barriers Ver. 2.0: the Second Generation of Enforcement of the Language Assistance Provisions (Section 203) of the Voting Rights Act 80 Brooklyn Law Review 63 (Fall, 2014) According to the U.S. Census Bureau, nearly 10% of all Americans speak English less than very well. In some states, such as California, the number is as high as 20%. Asian Americans are one of the fastest-growing minority groups in the nation, estimated to number almost 15.5 million. More and more are becoming citizens and registering to vote.... 2014
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