| Author | Title | Citation | Summary | Year |
| Frank H. Wu |
Becoming Asian American: an Interview with Keith Aoki |
45 U.C. Davis Law Review 1609 (June, 2012) |
Keith Aoki and I were friends. He and I had in common, among other things, that we both came from Detroit, a place that exemplifies so much of what is great about twentieth-century America and what is tragic too, from the advent of the assembly line and the success of the labor movement to racial segregation, white flight, suburban sprawl, and... |
2012 |
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Editor's Note |
19 Asian American Law Journal 1 (2012) |
At last year's Advancing Justice Conference hosted by the Asian Law Caucus, Jose Antonio Vargas reminded us in his keynote speech that the very question of who an American is and what an American looks like is not just black or white. In this volume, the Asian American Law Journal strives to remind our community that who an Asian American is and... |
2012 |
| Steven W. Bender |
En Paz Descanse: Remembering Keith Aoki's Contributions Toward Latina/o Equality |
90 Oregon Law Review 1265 (2012) |
In memorializing and celebrating Keith's treasure trove of scholarly contributions, we organized the Oregon Symposium around the three subjects of intellectual property, Asian American jurisprudence, and critical geography/local government. Still, it was impossible to capture the breadth and depth of Keith's scholarly work in three panels, in a... |
2012 |
| Richard Delgado |
Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups |
112 Columbia Law Review 1883 (November, 2012) |
The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... |
2012 |
| Kathryn A. Bannai |
Gordon Hirabayashi V. United States: "This Is an American Case" |
11 Seattle Journal for Social Justice 41 (Summer, 2012) |
Gordon Hirabayashi was a twenty-four-year-old senior at the University of Washington in the spring of 1942 when he--along with over 110,000 Japanese Americans --was subjected to curfew and ordered to report for removal from the West Coast. He knew that the orders were wrong and that he could not comply. On May 13, 1942, he authored a statement in... |
2012 |
| Michele Park Sonen |
Healing Multidimensional Wounds of Injustice Intersectionality and the Korean "Comfort Women" |
22 Berkeley La Raza Law Journal 269 (2012) |
On a frigid January day in 2010, Yi Ok Sun and fellow Korean comfort women survivors marched in protest outside the Japanese Embassy in Seoul. Every Wednesday since 1992, through the many unforgiving winters and the relentless summers, survivors - who are now in their seventies and eighties - supporters, and activists march, demanding... |
2012 |
| Roel Mangiliman , Myron Dean Quon |
In the Margins: How Mainstream Legal Advocacy Strategies Fail to Fully Assist Asian American, Native Hawaiian, and Pacific Islander Lgbt Youth |
19 Asian American Law Journal 5 (2012) |
Introduction: Charlene Nguon. 6 I. Who are Asian American, Native Hawaiian, and Pacific Islander Lesbian Gay Bisexual Transgender Youth?. 9 A. Demographics. 10 B. Racism and Homophobia. 12 II. Mainstream Legal Strategies. 14 A. LGBT Legal Strategies. 14 B. APA Legal Strategies. 16 III. How Mainstream Legal Strategies Fail To Empower APA LGBT Youth.... |
2012 |
| Michael W. McCann |
Inclusion, Exclusion, and the Politics of Rights Mobilization: Reflections on the Asian American Experience |
11 Seattle Journal for Social Justice 115 (Summer, 2012) |
Without a doubt the greatest honor of my professional life has been my serendipitous association with the legacy of Gordon Hirabayashi, a man whom I met only once. For over a decade, I have held the professorship at the University of Washington that was named to honor Dr. Hirabayashi, and made possible by the financial generosity and love of many... |
2012 |
| Lorraine K. Bannai |
Introduction: the 25th Anniversary of the United States V. Hirabayashi Coram Nobis Case: its Meaning Then and its Relevance Now |
11 Seattle Journal for Social Justice 1 (Summer, 2012) |
On February 11, 2012, we gathered to remember an extraordinary man, Gordon Hirabayashi, and his successful, decades-long, fight for justice. During World War Il, Gordon, then a 22-year-old college student, chose to defy the curfew and exclusion orders that culminated in the mass incarceration of over 110,000 West Coast Japanese Americans. In one of... |
2012 |
| Jane Tanimura, Helen Tran, Annette Wong |
The Case for an Asian American Law Professor: an Epistolary among Three Asian American Student Activists at the University of Southern California Gould School of Law |
21 Southern California Review of Law & Social Justice 469 (Spring 2012) |
We were troubled when, as second-year law students and members of our school's Asian Pacific American Law Students Association (APALSA), we discovered that there was not a single tenure-track Asian American professor at our law school. In turn, in the fall of 2010, APALSA began to direct its attention to this obvious absence, and spread awareness... |
2012 |
| Eric K. Yamamoto |
The Evolving Legacy of Japanese American Internment Redress: next Steps We Can (And Should) Take |
11 Seattle Journal for Social Justice 77 (Summer, 2012) |
The Fred T. Korematsu Center for Law and Equality's conference on Gordon Hirabayashi's life and contributions to civil liberties is both timely and significant. It is timely because Gordon recently passed on, and he was a man of extraordinary conviction and quiet courage. In challenging the United States government and its mass racial internment,... |
2012 |
| Eugene Lee, Max Mizono |
The Taraval Hate Crime |
19 Asian American Law Journal 117 (2012) |
On December 3, 2010, Matthew M., the perpetrator in one of San Francisco's most publicized hate crimes, the Taraval Hate Crime, appeared in San Francisco County Superior Court to expunge his criminal record stemming from his role in the incident. Though this unprovoked attack by white teenagers against Asian American teenagers in San Francisco's... |
2012 |
| Peter H. Huang , University of Colorado Law School |
Tiger Cub Strikes Back: Memoirs of an Ex-child Prodigy about Legal Education and Parenting |
1 British Journal of American Legal Studies 297 (Fall, 2012) |
I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses... |
2012 |
| Cecilia Chen , Andrew Leong |
We Have the Power to Make Change: the Role of Community Lawyering in Challenging Anti-Asian Harassment at South Philadelphia High School |
19 Asian American Law Journal 61 (2012) |
The events leading up to the South Philadelphia High School (SPHS) Anti-Harassment Campaign--where several students of different races were assaulted, racial epithets were used, physical and emotional scars were created, and the consequences were met with complete denial from school administrators--hearken us back to a time period many Americans... |
2012 |
| Marie A. Failinger |
Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court |
17 Michigan Journal of Race and Law 217 (Spring 2012) |
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend... |
2012 |
| Jeffrey L. Gower, J.D. , University At Buffalo - Suny |
As Dumb as We Wanna Be: U.s. H1-b Visa Policy and the "Brain Blocking" of Asian Technology Professionals |
12 Rutgers Race & the Law Review 243 (2011) |
American business interests face increasing difficulties as they attempt to compete in global technology-based industries. As the educational system in the U.S. is now producing fewer trained technology workers, many firms are looking to recruit professionals from foreign countries such as China and other Asian countries with an abundance of... |
2011 |
| Terry Ao Minnis |
Asian Americans & Redistricting: the Emerging Voice |
13 Journal of Law in Society 23 (Fall, 2011) |
C1-2Table of Contents I. Introduction. 23 II. Overview of Redistricting Principles and Tools for Communities of Color. 26 A. Section 2 of the Voting Rights Act. 27 B. Section 5 of the Voting Rights Act. 30 III. Redistricting and Asian Americans. 32 A. Minority Coalition Districts. 34 B. Communities of Interest. 36 IV. Michigan Case Study. 38 V.... |
2011 |
| Shawn Ho |
Co-synthesis of Dynamics Behind the Dearth of Asian American Law Professors: a Unique Narrative |
18 Asian American Law Journal 57 (2011) |
When his faculty directed him not to hire an Asian American woman as a law professor, the law Dean resigned in protest. Professor Derrick A. Bell, Jr., then Dean of the University of Oregon Law School, quit at the end of a tumultuous two-hour faculty meeting on February 6, 1985, after his staff decided against hiring the Asian American woman a... |
2011 |
| Paul Park, Editor-in-Chief |
Editor's Note |
18 Asian American Law Journal 1 (2011) |
During the Q&A of Professor Rose Villazor's Neil Gotanda Lecture, titled Law and Memory: What Asian American Jurisprudence Reminds Us about Citizenship, Immigration & Identity (publication forthcoming in Volume 19, 2012), Boalt Professor Ian Haney Lopez posed the following question: given the prior cases affecting Asian Americans, is what we're... |
2011 |
| Frank H. Wu |
Justice Through Pragmatism and Process: a Tribute to Judge Denny Chin |
79 Fordham Law Review 1497 (March, 2011) |
Judge Denny Chin has distinguished himself as a great trial judge. Although his unique status, as the first Asian American named a U.S. District Judge east of the Mississippi, and his unusual personal background, having grown up in a one-room apartment above an adult theatre in New York City, have attracted considerable attention, his extensive... |
2011 |
| Claire Jean Kim |
President Obama and the Polymorphous 'Other' in U.s. Political Discourse |
18 Asian American Law Journal 165 (2011) |
At the Asian American Law Journal Symposium at Berkeley Law last spring, I displayed two pictures from two presidential contests twenty years apart. Only a few in the audience, composed mostly of twenty-something-year-old law students, recognized the first picture as a mug shot of Willie Horton, the black convicted felon featured in the Republican... |
2011 |
| Roger Daniels |
The Japanese American Incarceration Revisited: 1941-2010 |
18 Asian American Law Journal 133 (2011) |
What follows is largely an oft-told tale, but it is a tale modified by being told in post-9/11 America. What you see depends on where you stand. First it is in order to provide a reminder of what happened to Japanese Americans after the United States was attacked by Japan in December 1941 and her allies, Germany and Italy declared war on the United... |
2011 |
| Keith Aoki |
The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" |
44 U.C. Davis Law Review 897 (February, 2011) |
Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... |
2011 |
| Ming H. Chen |
Alienated: a Reworking of the Racialization Thesis after September 11 |
18 American University Journal of Gender, Social Policy and the Law 411 (2010) |
I. Introduction. 412 II. Racialization Thesis: Post-September 11 Responses to Arabs, Muslims, and South Asians. 414 A. Processes of Racial Formation. 415 B. Orientalism and the Perpetual Foreigner Motif. 417 III. Alienation: A Reworking of the Racialization Thesis. 420 A. Definition of Alienation. 420 B. Specific Instances of Alienation after... |
2010 |
| Harvey Gee |
Asian Americans and Criminal Law and Criminal Procedure: a Missing Chapter from the Race Jurisprudence Anthology |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 185 (Fall, 2010) |
The issue of Asian American youth gangs has received scant attention from the media and law enforcement; but on a personal level, I have always been aware that Asian Americans are affected by crime and the criminal justice system. Like many Asian Americans growing up in San Francisco during the 1970s and 1980s, I was aware of the existence of... |
2010 |
| Giyang An |
Enhancing the Effectiveness of Mediation in Korean-american Family Disputes: Cultural Sensitivity Training for Mediators and Co-mediation Teams |
11 Cardozo Journal of Conflict Resolution 557 (Spring 2010) |
The old Korean proverb--if the hen crows, the home is in ruins -- reflects a traditional notion in Korean society: a female who deviates from her socially prescribed role causes disharmony in the social order. The proverb originates from Confucianism--the philosophy that has guided Korea since the fourteenth century--and that continues to have... |
2010 |
| Eric L. Muller |
Hirabayashi and the Invasion Evasion |
88 North Carolina Law Review 1333 (May, 2010) |
This Article presents archival evidence demonstrating that government lawyers made a crucial misrepresentation to the United States Supreme Court in the case of Hirabayashi v. United States, 320 U.S. 81 (1943), the case that upheld the constitutionality of a racial curfew imposed on Japanese Americans in World War II. While the government's... |
2010 |
| Roy L. Brooks, Kirsten Widner |
In Defense of the Black/white Binary: Reclaiming a Tradition of Civil Rights Scholarship |
12 Berkeley Journal of African-American Law & Policy 107 (2010) |
One of the central tenets of several legal theories that oppose the received tradition in Anglo-American law--particularly, Critical Race Theory as configured primarily by Richard Delgado and Jean Stefancic, Latino/a Critical Legal Studies (LatCrit), Asian/Crit Theory, and QueerCrit Theory (hereinafter collectively referred to as critical theory... |
2010 |
| William Y. Chin |
Linguistic Profiling in Education: How Accent Bias Denies Equal Educational Opportunities to Students of Color |
12 Scholar: St. Mary's Law Review on Minority Issues 355 (Symposium 2010) |
Abstract. 356 I. Introduction. 357 II. Accent Bias in Education Exists. 358 A. Bias Against Black Speakers. 359 B. Bias Against Asian Speakers. 361 C. Bias Against Latina/o Speakers. 362 D. Bias Against Arab Speakers. 363 III. Accent Bias Negatively Affects Accented Students of Color. 364 A. Accented Students Are Denied Access to Charter Schools.... |
2010 |
| Neil Gotanda |
New Directions in Asian American Jurisprudence |
17 Asian American Law Journal 5 (2010) |
Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... |
2010 |