AuthorTitleCitationSummaryYear
Won Kidane The Alienage Spectrum Disorder: the Bill of Rights from Chinese Exclusion to Guantanamo 20 Berkeley La Raza Law Journal 89 (2010) More than one hundred years of American jurisprudence suggests that some aliens are more alien than others. As such, their rights may be understood as lying along a spectrum ranging from those whose sole contact with the United States is with United States authorities located in a foreign territory to those who have resided in the United States for... 2010
Leti Volpp The Excesses of Culture: on Asian American Citizenship and Identity 17 Asian American Law Journal 63 (2010) In his book, Contagious Divides: Epidemics and Race in San Francisco's Chinatown, the historian Nayan Shah writes that from the mid-1800s to the early twentieth century, Chinese immigrants to San Francisco were characterized repeatedly in terms of excess: of the diseases they were believed to have spawned (smallpox, leprosy, tuberculosis,... 2010
Deenesh Sohoni , Amin Vafa The Fight to Be American: Military Naturalization and Asian Citizenship 17 Asian American Law Journal 119 (2010) In 1862, Congress passed legislation granting foreigners serving in the U.S. military the right to expedited naturalization. Although driven by pragmatic concerns, military naturalization served as a powerful symbolic message: those willing to fight for the United States are worthy of its citizenship. At the same time, military naturalization... 2010
K. Scott Wong The Opening of the Law in the Pursuit of Asian American History 13 Journal of Gender, Race and Justice 325 (Winter 2010) For those of us who work in the field of Asian American history, we have long confronted the issues and consequences of White supremacy, exclusion, the erasure of Asian Americans from the national historical consciousness, and the marginalization of our efforts in the American academy. Fortunately, a handful of scholars/activists has kept our... 2010
Joseph C. Mauro Wartime Prejudice Against Persons of Italian Descent: Does the Civil Liberties Act of 1988 Violate Equal Protection? 15 Michigan Journal of Race and Law 445 (Spring 2010) Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as... 2010
  Alienation of Hawaiian Land 123 Harvard Law Review 302 (November, 2009) In recent years, the United States has apologized for some of the unfortunate aspects of its history. Since 1988, Congress has passed resolutions apologizing for the internment of Japanese-Americans, for the U.S. role in overthrowing the Kingdom of Hawaii, and for slavery and racial segregation. A proposed congressional apology to Native Americans... 2009
Vinay Harpalani Ambiguity, Ambivalence, and Awakening: a South Asian Becoming "Critically" Aware of Race in America 11 Berkeley Journal of African-American Law & Policy 71 (2009) Japanese Beetle! Japanese Beetle! It is the fall of 1979, and my earliest memories of kindergarten class are not so pleasant. Several young children are darting around me in circles, repeatedly yelling, Japanese Beetle! At a mere five years of age, I understood all too acutely that I was the object of relentless teasing, but I did not think... 2009
Robert S. Chang Asian Americans and the Road to the White House: Musings on Being Invisible 16 Asian American Law Journal 205 (2009) In October 1993, the Asian Law Journal published its inaugural issue, featuring its first article entitled Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space. 81 Calif. L. Rev. 1241 (1993); 1 Asian L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law... 2009
Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009
Frank H. Wu Burning Shoes and the Spirit World: the Charade of Neutrality 44 Harvard Civil Rights-Civil Liberties Law Review 313 (Summer 2009) Our contemporary discussions of discrimination are distorted by the common tendency to frame claims of inequality as attempts at special pleading rather than as demands for equal treatment. This Article uses a case study, the criminal prosecution of a student of Chinese origin at a leading American university, and an allusion to the Jena Six... 2009
Jonathan M. Justl Disastrously Misunderstood: Judicial Deference in the Japanese-american Cases 119 Yale Law Journal 270 (November, 2009) This Note offers a new framework to evaluate judicial deference in cases reviewing government actions during national emergencies. Rejecting the conventional approach assessing deference as a matter of degree or as a condition present or not present, this Note offers a nuanced framework to evaluate deference that considers both degree and form. It... 2009
  Editor's Note 16 Asian American Law Journal 1 (2009) During the 2008-2009 academic year, the Asian American Law Journal celebrated the anniversaries of critical moments in Asian American Jurisprudence. Two-thousand nine marked 25 years since the landmark Korematsu II decision, when the United States District Court acknowledged the grievous error the Supreme Court committed, not only against Fred... 2009
Keith Aoki , Robert S. Chang Half-full, Half-empty? Asian American Electoral "Presence" in 2008 86 Denver University Law Review 565 (2009) We stand past the cusp of a historic election. For the first time, a person of color has been elected to the highest office of a majority-white nation. For the first time in United States history, an African American has been elected President. As we look back upon the events that led to this result, it gives us an opportunity to examine the... 2009
Michael Liu, Shauna Lo, Paul Watanabe Interest and Action: Findings from a Boston-area Survey of Chinese and Vietnamese American Attitudes on Immigrants, Immigration, and Activism 16 Asian American Law Journal 173 (2009) Questions involving immigration policies and the impact, role, and treatment of immigrants are high on the United States' policy agenda. These are perennial issues which continuously generate contentious debate. In recent years, many immigrants have become increasingly fervent in demanding justice and recognition of their contributions. For... 2009
Marilyn Hall Patel, Karen Korematsu, Dale Minami Justice Restored: the Legacy of Korematsu Ii and the Future of Civil Liberties 16 Asian American Law Journal 215 (2009) Virtually everyone in the legal community has a cursory knowledge of Fred Korematsu and the infamous case that bears his name. During World War II, President Roosevelt issued Executive Order 9066, which facilitated the forced relocation and internment of 120,000 Japanese Americans from the West Coast. But Fred Korematsu, a young Japanese American... 2009
Taunya Lovell Banks Outsider Citizens: Film Narratives about the Internment of Japanese Americans 42 Suffolk University Law Review 769 (2009) Memories, like history, constantly undergo revision . . . . There is an old cliché: the winners write history. Today, one might add that the powerful leave visual records, like films. During World War II, the Office of War Information (OWI) produced several propaganda films about Japanese Americans and the internment that the motion picture... 2009
Trina Jones Race, Economic Class, and Employment Opportunity 72 Law and Contemporary Problems 57 (Fall 2009) Of the 146,047,000 civilians in the U.S. labor force in 2007, approximately 82% identified themselves as White, 11% as Black or African American, 14% as of Hispanic or Latino/a ethnicity, and 5% as Asian. That year, the median household income for all racial groups was $50,233. With a poverty threshold of $21,027 for a family of four, the median... 2009
Eric K. Yamamoto , Ashley Kaiao Obrey Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives 16 Asian American Law Journal 5 (2009) One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... 2009
Harvey Gee Review Essay: Asian Americans, Critical Race Theory, and the End of the Model Minority Myth 19 Temple Political & Civil Rights Law Review 149 (Fall 2009) The Myth of the Model Minority: Asian Americans Facing Racism by Rosalind S. Chou & Joe R. Feagin, Paradigm Publishers, Pp. 251 (2008) Race Law Stories, Foundation Press, Pp. 608 (eds. Rachel F. Moran & Devon W. Carbado 2008) Race issues are rarely spoken about in everyday conversation. In a speech to Justice Department employees marking Black... 2009
Sahar F. Aziz Sticks and Stones, the Words That Hurt: Entrenched Stereotypes Eight Years after 9/11 13 New York City Law Review 33 (Winter 2009) In the realm of adults, name-calling is often a fact of life that one simply brushes off like water rolls off a duck's back. At some point, however, racial slurs and ethnic epithets hurled at employees constitute actionable discrimination rooted in palpable and entrenched stereotypes. In the case of Muslims, Arabs, and South Asians, the September... 2009
Nancy Wang Yuen The Asian American Vote: the Role of Race in News Media Coverage of the 2008 Democratic Primaries 24 Saint John's Journal of Legal Commentary 421 (Fall 2009) The topic of race dominated the media coverage of the 2008 elections, beginning with the Democratic primaries. The black, white, Latino, and Asian votes were common demographic breakdowns used to gauge candidate support for Barack Obama vs. Hillary Clinton. Though receiving less media coverage than blacks and Latinos due to their... 2009
Dartanyon Burrows The Debate over the Current Reparations Movement 2 the crit: a Critical Studies Journal 99 (Spring, 2009) One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... 2009
Patrick Lacsina The Emerging Role of the "Silent" Minority in Politics: Empowerment of Asian Americans in the Electorate and Candidate Selection 11 Rutgers Race & the Law Review 119 (2009) In the past two decades, Asian Americans have become the fastest growing minority in the United States. From 1980 to 1990, Asian Americans experienced a meteoric 96.13% population surge, followed by a still blistering 63.24% increase in the following decade. These figures are staggering when compared to the overall United States population growth... 2009
Major Jennifer A. Neuhauser The Tokyo War Crimes Trial: the Pursuit of Justice in the Wake of World War Ii 202 Military Law Review 291 (Winter 2009) Before there were Rwanda and Yugoslavia, there was Tokyo. Often derided by contemporary Japanese and American Scholars as the product of vengeance and racism, Japanese nationalists continue to use the Tokyo War Crimes Trial as a tool for a present-tense political agenda far removed from the late 1940s. Yuma Totani's book scrutinizes primary... 2009
Devon W. Carbado Yellow by Law 97 California Law Review 633 (June, 2009) Over the past decade, scholars have paid increasing attention to Japanese American constitutional history. For the most part, this literature focuses on the United States government's decision during World War II to intern people of Japanese ancestry. This body of work literature is designed to demonstrate the extent to which, and precisely how,... 2009
Cynthia Der A Chinese American Seat at the Table: Examining Race in the San Francisco Unified School District 42 University of San Francisco Law Review 1077 (Spring 2008) RACE HAS ALWAYS BEEN a complicated issue in the K-12 education policy arena. While administrators and policy makers debate topics such as standardized testing, budgets and funding, curriculum development, and achievement gaps, issues concerning race are often forgotten. When race was discussed in the past, much of the discussion focused on the... 2008
Khin Mai Aung , Christina Mei-Yue Wong Advancing Diverse Learning for Asian Pacific Islanders 15 Asian American Law Journal 205 (May, 2008) After a sharply divided United States Supreme Court decided two voluntary school integration cases originating from Seattle, Washington and Louisville, Kentucky on June 28, 2007, the Asian American Legal Defense and Education Fund (AALDEF) and Chinese for Affirmative Action (CAA) --the nonprofit civil rights advocacy groups where the co-authors... 2008
Adrian Liu Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans 13 Michigan Journal of Race and Law 391 (Spring 2008) In October 2006, Asian American student Jian Li filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with... 2008
Carlos Hiraldo Arroz Frito with Salsa: Asian Latinos and the Future of the United States 15 Asian American Law Journal 47 (May, 2008) Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... 2008
Joseph Sant Asian Americans and Seattle's Open Housing Movement 1 Georgetown Journal of Law & Modern Critical Race Perspectives 167 (2008) The civil rights struggle for fair housing legislation at the national level was accompanied by calls at the state and local levels throughout the country to enact ordinances banning discrimination in housing. In Seattle, the effort to formally ban discrimination in housing spanned a decade, beginning with the ill-fated 1957 state fair housing law... 2008
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