| Author | Title | Citation | Summary | Year |
| Natsu Taylor Saito |
At the Heart of the Law: Remedies for Massive Wrongs |
27 Review of Litigation 281 (Winter 2008) |
I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300 |
2008 |
| Shirley Tang |
Challenges of Policy and Practice in Under-resourced Asian American Communities: Analyzing Public Education, Health, and Development Issues with Cambodian American Women |
15 Asian American Law Journal 153 (May, 2008) |
According to the U.S. Census Bureau's most recent American Community Survey (ACS), the growth of the Asian American population has outpaced that of all other racial groups in Massachusetts. From 2000 to 2005, the Asian American population increased by 23%; meanwhile, the Latino and Black populations grew by 14.5% and 6% respectively, and the... |
2008 |
| |
Editors' Note |
15 Asian American Law Journal 1 (May, 2008) |
Asian American Law Journal is, first and foremost, a journal that fosters and publishes scholarship on Asian American jurisprudence. However, it is also a community of socially conscious law students, whose goals are to educate the public and promote justice in our world. With those objectives in mind, this year we organized numerous events that... |
2008 |
| Christine J. Hung |
For Those Who Had No Voice: the Multifaceted Fight for Redress by and for the "Comfort Women" |
15 Asian American Law Journal 177 (May, 2008) |
These days I hum a song, Katusa, putting my own words to the tune: I am so miserable; return my youth to me; apologize . . . . You dragged us off against our own will. You trod on us. Apologize . . . --Lee Yong-soo, former Korean comfort woman, testifying in the U.S. House of Representatives in February 2007 For the Asian women who were... |
2008 |
| Zenobia Lai , Andrew Leong |
From the Community Lawyers' Lens: the Case of the "Quincy 4" and Challenges to Securing Civil Rights for Asian Americans |
15 Asian American Law Journal 73 (May, 2008) |
We dedicate this article to the six Asian Americans who placed their liberty and good names on the line to speak out against police brutality and to test the promise of equal justice for all. We make a special dedication to Karen Chen, whose tenacity, generosity and leadership throughout this case awakened others to recognize that civil rights are... |
2008 |
| Maya Yamazaki , Kameisha Jerae Hodge |
Reaction |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 185 (2008) |
Too often, racial discourse focuses on black and white (or more importantly, black versus white), while ignoring the role of Asian Americans and other minorities within the social matrix of racial identity. Joseph Sant's article clearly articulates the role of Asian Americans within the open housing movement and provides broader insight into the... |
2008 |
| Timothy Webster |
Reconstituting Japanese Law: International Norms and Domestic Litigation |
30 Michigan Journal of International Law 211 (Fall 2008) |
I. Japan and the World. 213 II. Racial Discrimination in Japan. 216 A. Thesis: Impermissible Discrimination. 216 1. Bortz v. Suzuki. 218 2. Arudou v. Yunohana Bathhouse. 220 3. Murthy v. Nikken Jûhan. 222 4. Plaintiff v. Tokyo Bar. 224 5. McGowan v. Narita. 226 B. Antithesis: Permissible Discrimination. 228 1. Swinging Both Ways: The Golf Club... |
2008 |
| William Y. Chin |
School Violence and Race: the Problem of Peer Racial Harassment Against Asian Pacific American Students in Schools |
10 Scholar: St. Mary's Law Review on Minority Issues 333 (Spring 2008) |
I. Introduction. 335 II. Peer Racial Harassment Against APA Students Is A Evasive and Serious Problem. 336 A. Racial Harassment of APA Students at Lafayette High School. 336 B. Racial Harassment of APA Students at Skyline High School. 339 C. Racial Harassment of APA Students at Other Schools. 340 D. Research Data Revealing Enduring and Pervasive... |
2008 |
| Sharon S. Lee |
The De-minoritization of Asian Americans: a Historical Examination of the Representations of Asian Americans in Affirmative Action Admissions Policies at the University of California |
15 Asian American Law Journal 129 (May, 2008) |
In today's higher education admissions policies, Asian Americans have ceased to be minorities because they are no longer underrepresented. In affirmative action policy debates, the statistical representation of racially defined groups, such as Asian Americans, in social institutions has served as a proxy for discrimination. Indeed, the... |
2008 |
| Sunny Woan |
White Sexual Imperialism: a Theory of Asian Feminist Jurisprudence |
14 Washington and Lee Journal of Civil Rights and Social Justice 275 (Spring, 2008) |
This Article studies the intersection of race and gender, examining it through the lens of Western imperialism. Even though both critical race and feminist scholarship have addressed this intersection, few if any offer a precise theory for understanding the imperialized experience. This Article seeks to fill that void. The social inequality... |
2008 |
| Evelyn Gong |
A Judicial "Green Light" for the Expansion of Executive Power: the Violation of Constitutional Rights and the Writ of Habeas Corpus in the Japanese American Internment and the Post-9/11 Detention of Arab and Muslim Americans |
32 Thurgood Marshall Law Review 275 (Spring, 2007) |
Those who cannot learn from history are doomed to repeat it. In times of war, national security is a prime concern. However, there is a fine line between the preservation of our country's safety and the infringement of individual liberties so integral to our country's values. A red flag is raised when constitutional rights are violated in the... |
2007 |
| Nancy Chung Allred |
Asian Americans and Affirmative Action: from Yellow Peril to Model Minority and Back Again |
14 Asian American Law Journal 57 (May, 2007) |
In a fog-smothered corner of San Francisco sits an aged building known as Lowell High School. It appears to be a typical high school filled with rowdy teenagers; however, to thousands of immigrant families, this building represents a ticket to an elite university and the fast lane to the American dream. Lowell, the oldest public high school west of... |
2007 |
| Mathias Moschel |
Color Blindness or Total Blindness? The Absence of Critical Race Theory in Europe |
9 Rutgers Race & the Law Review 57 (2007) |
Critical Race Theory (hereinafter CRT), an offspring of Critical Legal Studies (hereinafter CLS), is one of the most successful and controversial United States' legal theories developed over the past 10 years and has in turn branched out into different equally creative fields, from LatCrit to AsianCrit to Queer Theory. In spite of offering a... |
2007 |
| James McDonald |
Democratic Failure and Emergencies: Myth or Reality? |
93 Virginia Law Review 1785 (November, 2007) |
Introduction. 1786 I. The Democratic Failure Theory and Emergencies. 1792 A. Theoretical Underpinnings: The Current Debate. 1792 B. Theoretical Underpinnings: The Revisionist Claim. 1794 II. World War II, the Japanese Internment, and Democratic Failure: A Case Study. 1796 A. A Historical Prejudice: Anti-Japanese and Anti-Asian Sentiment in the... |
2007 |
| Xiaofeng Stephanie Da |
Education and Labor Relations: Asian Americans and Blacks as Pawns in the Furtherance of White Hegemony |
13 Michigan Journal of Race and Law 309 (Fall 2007) |
Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding Whiteness as the filler in the middle as Whites manipulate the... |
2007 |
| Kevin Shawn Hsu |
Empowerment, Discrimination, and the Facade of Leadership: Asian American Political Elites' Failed Assimilationist Strategy |
14 Asian American Law Journal 85 (May, 2007) |
On November 8, 2006, the day after the midterm Congressional elections, the 2008 presidential campaign season officially began. The media began to tell and will continue to retell predetermined stories regarding the role of Black Americans as core to the Democratic Party, the rising political power of Latino voters, or the importance of certain... |
2007 |
| Canon Pence |
Japanese Only: Xenophobic Exclusion in Japan's Private Sphere |
20 New York International Law Review 101 (Summer, 2007) |
On Sunday, September 19, 1999, a diverse group of families entered the popular giant onsen (privately run communal bathhouse resort) Yunohana in Hokkaido, the cold northernmost island of Japan. A sign at the front door clearly read Japanese Only in English, Japanese, and Cyrillic. Inside, the ticketing attendant immediately refused entry to the... |
2007 |
| Major Jason S. Wrachford |
Just Americans: How Japanese Americans Won a War at Home and Abroad |
2007-SEP Army Lawyer 42 (September, 2007) |
Over sixty-five years have passed since pilots from the Empire of Japan bombed Pearl Harbor, destroying or damaging scores of ships and planes and killing thousands. Yet, the memories and pictures of that terrible morning still reverberate in the minds of many Americans. As President Franklin D. Roosevelt described in his speech to a Joint Session... |
2007 |
| Raquel J. Gabriel |
Minority Groups and Intimate Partner Violence: a Selected Annotated Bibliography |
19 Saint Thomas Law Review 451 (Spring 2007) |
ABSTRACT: This bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as minority groups. Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to... |
2007 |
| Jeeho Lee |
One Step Closer: Understanding the past and Potential Work and Influence of Asian American Interest Groups in Claiming a Space for Asian Americans in America's Democracy |
14 Asian American Law Journal 123 (May, 2007) |
In a country such as the United States, whose most celebrated characteristic is its democracy, the most powerful statement of the attainment of legitimacy is the ability to be a role player in the exclusive realm of American politics. Significantly, the ultimate manifestation of a group's success in politics occurs when the group gains the ability... |
2007 |
| Marie A. Failinger |
Recovering the Face-to-face in American Immigration Law |
16 Southern California Review of Law & Social Justice 319 (Spring, 2007) |
It is 1908. Yee Won mourns his father's death. Yee Won, in his own words a Chinese-born capitalist and property owner, is at home in San Francisco and at home in China. But Yee Won needs a wife. Perhaps because of anti-miscegenation laws or perhaps because he wants to honor his father's wishes, Yee Won returns to China a few years later for a... |
2007 |
| Robert S. Chang , Rose Cuison Villazor |
Testing the 'Model Minority Myth' : a Case of Weak Empiricism |
101 Northwestern University Law Review Colloquy 101 (February 19, 2007) |
As the legal and political wars rage over affirmative action, the role played by Asian Americans is increasingly disputed. Should Asian Americans be included in affirmative action programs? Do such programs harm Asian Americans because spaces that should be given to them are instead given to less qualified Blacks and Latinos? Does Asian American... |
2007 |
| Robert S. Chang , Neil Gotanda |
The Race Question in Latcrit Theory and Asian American Jurisprudence |
7 Nevada Law Journal 1012 (Summer 2007) |
In the tradition of LatCrit Afterwords, Professors Chang and Gotanda take the liberty of raising questions that extend beyond the particular themes of this LatCrit Conference and the papers published in this Symposium. They return to two issues - ethnicity versus race, and Black exceptionalism - that were raised in early LatCrit Conferences but... |
2007 |
| Deenesh Sohoni |
Unsuitable Suitors: Anti-miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities |
41 Law and Society Review 587 (September, 2007) |
In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by... |
2007 |
| Victor M. Hwang, Asian Pacific Islander Legal Outreach |
Brief of Amici Curiae Asian Pacific Islander Legal Outreach and 28 Asian Pacific American Organizations, in Support of All Respondents in the Six Consolidated Marriage Cases, Lancy Woo and Cristy Chung, et Al., Respondents, V. Bill Lockyer, et Al., Appell |
13 Asian American Law Journal 119 (November, 2006) |
Asian and Pacific Islander (API) people in this country are intimately familiar with the enormous harm that marriage discrimination causes families, individuals, and communities. Since the very beginning of our immigration to the United States and for much our history in California, Asians and Pacific Islanders have been denied equal access to... |
2006 |
| Shanshan Lan |
Chinese Americans in Multiracial Chicago: a Story of Overlapping Racializations |
13 Asian American Law Journal 31 (November, 2006) |
It is well known among anthropologists that race as a scientific concept denoting human biological variation is no longer valid, but that race as a social construct and a shaping force still has profound material repercussions in peoples' daily lives. In 2004, two notable events occurred in Chicago that attested to the persistent significance of... |
2006 |
| Kitty Calavita |
Collisions at the Intersection of Gender, Race, and Class: Enforcing the Chinese Exclusion Laws |
40 Law and Society Review 249 (June, 2006) |
This article explores the ramifications of the intersections of gender, race, and class ideologies for the enforcement of the Chinese Exclusion Laws in the years immediately following their passage. Drawing from government documents and archival data, I argue that the notions of gender, race, and class that permeated the legislative debate... |
2006 |
| Jason H. Lee |
Dislocated and Deprived: a Normative Evaluation of Southeast Asian Criminal Responsibility and the Implications of Societal Fault |
11 Michigan Journal of Race and Law 671 (Spring 2006) |
INTRODUCTION. 672 I. The Rising Rate of Southeast Asian Crime and Youth Delinquency. 674 A. Crime Among Southeast Asian Youths. 675 B. A Closer Look: Bui Doi Southeast Asian Gangs and Home Invasions . 678 C. The Environmental Roots of Southeast Asian Crime. 679 II. Southeast Asian Criminal Responsibility and Society's Tenuous Moral Authority to... |
2006 |
| Rene Bowser |
Medical Civil Rights: the Exclusion of Physicians of Color from Managed Care: Business or Bias? |
4 Hastings Race and Poverty Law Journal 1 (Fall 2006) |
The United States is rapidly becoming more diverse, as demonstrated by the fact that nonwhite racial and ethnic minorities will likely constitute a majority of Americans later in this century. The representation of African Americans, Latino/as, Asian Americans, and Native Americans in medicine, however, has grown only modestly over the past 25... |
2006 |
| William C. Kidder |
Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught in the Crossfire |
11 Michigan Journal of Race and Law 605 (Spring 2006) |
INTRODUCTION. 606 I. Unraveling the Yellow Peril Causation Fallacy . 611 II. Law School Reality Check: How APAs Fared Before and After Affirmative Action Bans. 617 CONCLUSION: OPPORTUNITIES LOST IN OPPORTUNITY COST . 620 |
2006 |