| Author | Title | Citation | Summary | Year |
| Timothy Webster |
Teemu Ruskola, Legal Orientalism: China, the United States, and Modern Law (Harvard University Press, 2013) |
62 American Journal of Comparative Law 811 (Summer 2014) |
Professor Teemu Ruskola has produced a magisterial account of Western conceptions, preconceptions, and misconceptions of Chinese law from the Enlightenment to the present, with particularly illuminating sections on the nineteenth and early twentieth centuries. Avowedly postcolonial, Legal Orientalism examines the discourses that European... |
2014 |
| Jou-Chi Ho |
The Call for and Role of Asian Lawyers in the Deep South |
12 Seattle Journal for Social Justice 843 (Spring, 2014) |
The Deep South has long held a reputation for having its own system to deal with its matters, especially its racial matters. Widespread racial injustice permeates the history of the Deep South. Generally, however, the discussion of race in the Deep South proceeds from a Black/White binary perspective. Nevertheless, as this country becomes more... |
2014 |
| James W. Gordon |
Was the First Justice Harlan Anti-Chinese? |
36 Western New England Law Review 287 (2014) |
My whole nature responds to the principle of equality of all men before the law, as well as to the principle of the equal protection by the laws for everyone in his personal and property rights. - John Marshall Harlan [T]o be labeled a prophet is to be held to an impossible standard. In many ways, Harlan's views fell short of our current notions... |
2014 |
| Shira Morag Levine |
A "Vital Question of Self-preservation": Chinese Wives, Merchants, and American Citizens Caught in the 1924 Immigration Act |
9 Stanford Journal of Civil Rights & Civil Liberties 121 (January, 2013) |
Introduction. 121 I. Legal and Human Limbo: Exclusion from the United States and Detention on Angel Island. 124 II. Congress's Increasingly Restrictive Chinese Immigration Policy: 1868-1924. 128 III. Legal Battles to Protect Immigration by Chinese Wives, and the Supreme Court's Anomalous 1925 Decisions. 132 IV. Unpacking the Supreme Court's... |
2013 |
| Gabriel J. Chin |
A Chinaman's Chance in Court: Asian Pacific Americans and Racial Rules of Evidence |
3 UC Irvine Law Review 965 (December, 2013) |
Introduction. 966 I. Asians as Untrustworthy Witnesses. 967 A. Competency and Credibility Under State Law. 967 1. Incompetency. 967 2. Credibility. 970 B. Chinese Witnesses Under Federal Law. 972 1. Incompetency. 973 a. Residence certificates. 973 b. Returning merchants. 974 c. Pharmacy workers in China. 975 2. Credibility. 975 II. The Statutory... |
2013 |
| Denny Chan |
An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants |
3 UC Irvine Law Review 1281 (December, 2013) |
Introduction. 1281 I. The Case for Unauthorized Immigration as a Latino Issue. 1282 A. Evidence from the World Wide Web. 1283 B. Legislative Evidence. 1283 C. Public Commentary. 1287 II. Reasons Why Latinos and the Unauthorized Are Conflated. 1288 A. Powerful Numbers and Rapid Growth. 1288 B. Geographic Proximity. 1290 C. Economic Factors. 1290 D.... |
2013 |
| Michael Park |
Asian American Masculinity Eclipsed: a Legal and Historical Perspective of Emasculation Through U.s. Immigration Practices |
8 Modern American 5 (Spring, 2013) |
This Article provides a critical and historical analysis of the impact of U.S. immigration laws and policies in shaping Asian masculinity norms and the emasculation of the Asian male subject. The article begins with a historical introduction to immigration laws that have affected Asian Americans, particularly, Chinese immigrants. The article then... |
2013 |
| Yena Lee |
Asian Americans and Affirmative Action: Through the Study of Fisher V. University of Texas |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 127 (Fall, 2013) |
On October 10, 2012, the Supreme Court heard oral arguments in Fisher v. University of Texas. While many anxiously await the Court's decision, issues surrounding affirmative action have reemerged at the center of social and political debates. Brought by a White female student, Abigail Fisher, whose admission to University of Texas was rejected, the... |
2013 |
| Ana Henderson |
Citizenship, Voting, and Asian American Political Engagement |
3 UC Irvine Law Review 1077 (December, 2013) |
A significant issue for Asian American's civic engagement and political empowerment is access to the ballot and to electoral schemes that allow Asian Pacific Islander American (API) voters to elect representatives of their choice. Because voting in nearly all U.S. jurisdictions is limited to citizens, questions about Asian American voters'... |
2013 |
| Vinay Harpalani |
Desi Crit: Theorizing the Racial Ambiguity of South Asian Americans |
69 New York University Annual Survey of American Law 77 (2013) |
This Article analyzes the racial ambiguity of South Asian Americans--peoples whose ancestry derives from the Indian subcontinent--and has two major aims. First, it provides a comprehensive account of the racialization of South Asian Americans (Desi) a group that legal scholars have not considered at any length in the rubric of American racial... |
2013 |
| Joseph Bui, Editor-in-chief, 2012-2013, Asian American Law Journal |
Editor's Note |
20 Asian American Law Journal 1 (2013) |
This year, as we celebrated the Asian American Law Journal's twentieth Anniversary, the larger Asian American community commemorated the thirtieth anniversary of the racialized killing of Vincent Chin. Chin was at a strip club for his bachelor party when he was accosted by two white men-a Chrysler executive and his step-son. Ronald Ebens and... |
2013 |
| Jamie R. Abrams |
Enforcing Masculinities at the Borders |
13 Nevada Law Journal 564 (Winter 2013) |
I. Introduction. 564 II. Hegemonic and Dominant Masculinities are Framed Relationally and Depend on Maintaining a Marginalized Other . 566 III. Maintaining Dominant Masculinities at the Borders Through the Exclusion of Marginalized Masculinities. 569 A. Marginalized Effeminacy and the Chinese Exclusion Act. 569 B. Masculinities in Crisis... |
2013 |
| Denny Chan , Jennifer Chin , James Yoon |
Foreword: Reigniting Community: Strengthening the Asian Pacific American Identity |
3 UC Irvine Law Review 801 (December, 2013) |
The Asian Pacific American Law Students Association (APALSA) at the University of California, Irvine School of Law is pleased to collaborate with the UC Irvine Law Review to present articles from the first school-sponsored, student-organized symposium at the UC Irvine School of Law. It is fitting that the first collaboration between student groups... |
2013 |
| Nancy Leong |
Half/full |
3 UC Irvine Law Review 1125 (December, 2013) |
Research suggests that multiracial identity is uniquely malleable, and I will focus here on the significance of that malleability for mixed-Asian individuals, primarily those of Asian/White descent. At various times, mixed-Asian individuals may present themselves as half Asian; other times, they may present themselves as full Asian, full... |
2013 |
| Leslie F. Goldstein |
How Equal Protection Did and Did Not Come to the United States, and the Executive Branch Role Therein |
73 Maryland Law Review 190 (2013) |
What follows is an interbranch comparison of federal policy toward three racial groups in the United States--African Americans, Native Americans, and Asian Americans--during the four decades following the post-bellum entrenchment of the right to equal protection of the laws. It should be read as an extended, analytic commentary on the Timechart... |
2013 |
| Julian Lim |
Immigration, Asylum, and Citizenship: a More Holistic Approach |
101 California Law Review 1013 (August, 2013) |
Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... |
2013 |
| Jane L. Scheiber |
Internal Security, the "Japanese Problem," and the Kibei in World War Ii Hawai'i |
35 University of Hawaii Law Review 415 (Spring, 2013) |
I. INTRODUCTION. 415 II. MARTIAL LAW AND THE JAPANESE PROBLEM. 417 III. MILITARY GOVERNMENT AND EMERGENCY MEASURES. 421 IV. MASS REMOVALS VS. SELECTIVE DETENTION. 425 V. INVESTIGATION. 427 VI. INTERROGATION: THE HEARING BOARDS, RACIAL PROFILING, AND LOYALTY REVIEWS. 430 VII. INCARCERATION. 433 VIII. CONCLUSION. 437 |
2013 |
| Harvey Gee |
Judicial Perspective and Mentorship at the Supreme Court: a Review Essay on in Chambers: Stories of Supreme Court Law Clerks and Their Justices, Edited by Todd C. Peppers and Artemus Ward |
51 Duquesne Law Review 217 (Winter, 2013) |
I. Introduction. 217 II. The Origins of the Mentorship Relationship. 219 III. The First Female Law ClerkB and the First African American Law Clerk. 225 IV. The Modern Supreme Court Clerkship. 231 V. The Increase of Asian American Jurists on the Federal Bench and the Possible Nomination of an Asian American to the U.S. Supreme Court. 238 VI.... |
2013 |
| Lee Ann S. Wang |
Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women |
3 UC Irvine Law Review 1221 (December, 2013) |
Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 |
2013 |
| Julian Lim |
Reconceptualizing Asian Pacific American Identity at the Margins |
3 UC Irvine Law Review 1151 (December, 2013) |
Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... |
2013 |
| Ming Hsu Chen, Taeku Lee |
Reimagining Democratic Inclusion: Asian Americans and the Voting Rights Act |
3 UC Irvine Law Review 359 (May, 2013) |
Introduction. 359 I. Voting Rights Act, Section 2: Minority Voting Dilution and Protection of Communities of Common Interest. 362 II. Democratic Inclusion and Demographic Diversity. 376 A. Advancing Understanding of Modern Diversity. 376 B. Adapting the Black-White Paradigm to Modern Diversity. 379 III. Asian Americans as a Negative Case:... |
2013 |
| Priyang Baxi, Ami Gandhi |
South Asian American Civic Engagement: Opportunity for Impact |
6 DePaul Journal for Social Justice 153 (Spring 2013) |
As one of the most rapidly growing racial groups in Illinois and the country, South Asian Americans are increasingly interested in having a voice - from voting on Hindi ballots for the first time in the 2012 elections to speaking out on hate crimes, immigration, health care, economic conditions, and other issues that affect their daily lives. South... |
2013 |
| Mary Fan |
The Case for Crimmigration Reform |
92 North Carolina Law Review 75 (December, 2013) |
The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... |
2013 |
| Robert S. Chang |
The Invention of Asian Americans |
3 UC Irvine Law Review 947 (December, 2013) |
Introduction. 947 I. Race Is What Race Does. 950 II. The Invention of the Asian Race. 952 III. The Invention of Asian Americans. 956 IV. Racial Triangulation, Affirmative Action, and the Political Project of Constructing Asian American Communities. 959 Conclusion. 964 |
2013 |
| Trina Jones |
The Significance of Skin Color in Asian and Asian-american Communities: Initial Reflections |
3 UC Irvine Law Review 1105 (December, 2013) |
Introduction. 1105 I. Skin Color and African Americans. 1109 II. Skin Color in Asian and Asian-American Communities. 1113 A. Skin Color and Class. 1114 B. Skin Color, Gender, and Beauty. 1116 C. Skin Color and National Origin. 1119 Observations and Conclusions. 1120 |
2013 |
| Nary Kim |
Too Smart for His Own Good? The Devolution of a "Model" Asian American Student |
20 Asian American Law Journal 83 (2013) |
Introduction. 83 I. Art Imitates Life. 85 A. Better Luck Tomorrow. 85 B. The Real-life Murder of Stuart Tay. 88 II. The Model Minority Mythology. 89 A. The Origins of the Mythology. 90 B. Criminal Implications of the Model Minority Mythos. 91 III. The Yellow Peril Mythology. 94 A. The Rise of Asian American Gangs. 95 B. The Rise of Asian... |
2013 |
| Pat K. Chew |
A Case of Conflict of Cultures: End-of-life Decision Making among Asian Americans |
13 Cardozo Journal of Conflict Resolution 379 (Spring 2012) |
Our culture is the lens through which we see the world. It provides an explanatory model for the way we think and the way we behave. It indicates our values and norms, even when we are not deliberately thinking about them. It shapes the logic we have for explaining life experiences and influences our decision making. Culture is especially... |
2012 |
| Ross Johnson |
A Monolithic Threat: the Anti-sharia Movement and America's Counter-subversive Tradition |
19 Washington and Lee Journal of Civil Rights and Social Justice 183 (Fall, 2012) |
I. Introduction. 183 II. Sharia Law: Myths and Realities. 187 III. The War on Terror and the Rise of the Anti-Sharia Movement. 189 IV. The Anti-Sharia Movement within State Legislatures. 193 V. Executive Order 9066 and the Anti-Japanese Backlash of World War II.. 199 A. Military Necessity: Government Justification for the Camps. 200 B. Disloyal and... |
2012 |
| Xuan-Thao Nguyen |
Apologies as Intellectual Property Remedies: Lessons from China |
44 Connecticut Law Review 883 (February, 2012) |
It is a frequent refrain that the world is shrinking. In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different. One notable aspect of... |
2012 |
| Sumi Cho |
Becoming Asian American and the Magic of Historical Accident |
90 Oregon Law Review 1203 (2012) |
I. Accident by First Job Choices: Starting out at the U of O in the Era of Diversity. 1205 II. Accident by Birth: Growing up Asian American in the Post-War Midwest. 1208 III. Accident by Profession: Crossing the Twentieth-Century Color Line in Law Teaching. 1213 |
2012 |