AuthorTitleCitationSummaryYear
Leti Volpp Divesting Citizenship: on Asian American History and the Loss of Citizenship Through Marriage 53 UCLA Law Review 405 (December, 2005) This Article narrates a sorely neglected legal history, that of the intersection between race, gender, and American citizenship through the first third of the twentieth century. It is a little known fact that marriage once functioned to exile U.S. citizen women from their country; moreover, how racial barriers to citizenship shaped expatriation and... 2005
Lauren E. Crais Domestic Violence and the Federal Government 6 Georgetown Journal of Gender and the Law 405 (2005) I. The Violence Against Women Act of 1994. 407 A. The Civil Rights Remedy. 408 B. Striking Down the Civil Remedy. 408 C. Provisions Which Survive United States v. Morrison. 410 D. VAWA Restoration Act of 2003. 411 E. Cultural Inadequacies of VAWA '94. 412 1. Immigrants. 413 2. Asian American Women. 415 3. Hispanic Women. 417 4. Black Women. 417 5.... 2005
Gary Kar-Chuen Chow Exiled Once Again: Consequences of the Congressional Expansion of Deportable Offenses on the Southeast Asian Refugee Community 12 Asian Law Journal 103 (April, 2005) On November 16, 2003, the New York Times published In a Homeland Far from Home, an article chronicling the life of Loeun Lun, a Cambodian refugee, whom the United States government deported to Cambodia due to recent changes in immigration law. Loeun Lun was born to Soun Dok, an impoverished peanut farmer in the midst of the intense economic and... 2005
David C. Yang Globalization and the Transnational Asian "Knowledge Class" 12 Asian Law Journal 137 (April, 2005) The last few decades have seen the development of a global informational economy. Liberalization of regulations and advancements in information technology have enabled relentless capitalist expansion to overcome constraints of time and space, organize much of the world's economic activity, resources, and labor on a planetary scale, and operate upon... 2005
Greg Robinson, Toni Robinson Korematsu and Beyond: Japanese Americans and the Origins of Strict Scrutiny 68-SPG Law and Contemporary Problems 29 (Spring 2005) The story of the United States Supreme Court's epochal 1954 ruling in Brown v. Board of Education and the legal struggle for civil rights led by the National Association for the Advancement of Colored People (NAACP) during the decade following World War II occupies a central place in many Americans' understanding both of the history of democracy in... 2005
Sumayyah Waheed Limiting Ourselves: a Response to Elbert Lin's "Identifying Asian America" 12 Asian Law Journal 187 (April, 2005) As a child, I was accustomed to being the only South Asian in my class. I automatically identified with other non-Whites in my history books and at my school, knowing that in the past, I would have been considered one of the persecuted savages, and in the present, they were different, as was I. Later, as a teenager, I found that the one... 2005
Susan Taing Lost in the Shuffle: the Failure of the Pan-Asian Coalition to Advance the Interests of Southeast Asian Americans 16 Berkeley La Raza Law Journal 23 (Spring, 2005) In the summer of 2003, members of the academic community breathed a collective sigh of relief when the Supreme Court announced in the landmark decision, Grutter v. Bollinger, that educational diversity was indeed a compelling state interest. The Court upheld the University of Michigan Law School's (hereinafter Law School) race-conscious admission... 2005
Eric L. Ray Mexican Repatriation and the Possibility for a Federal Cause of Action: a Comparative Analysis on Reparations 37 University of Miami Inter-American Law Review 171 (Fall 2005) I. Introduction. 171 II. The Victims of Mexican Repatriation. 174 III. The United States Government's Involvement in Mexican Repatriation. 176 IV. A Federal Cause of Action for Reparations: Defeating the Statute of Limitations. 178 V. Comparative Analysis with Reparations for Japanese Internment, The Gold Train & Slavery. 182 A. Victims of Japanese... 2005
Jagdish J. Bijlani Neither Here Nor There: Creating a Legally and Politically Distinct South Asian Racial Identity 16 Berkeley La Raza Law Journal 53 (Fall 2005) At about 9:20 p.m. on Monday, May 19, 2003, Avtar Singh Cheira, a 52-year-old Phoenix, Arizona, truck driver and Sikh immigrant from India was shot twice in the legs. Cheira had been waiting to be picked up by his family when the men who shot him with bullets from a small caliber gun drove by in a red pickup truck. The Sikh immigrant had lived in... 2005
Victoria Choy Perpetuating the Exclusion of Asian Americans from the Affirmative Action Debate: an Oversight of the Diversity Rationale in Grutter V. Bollinger 38 U.C. Davis Law Review 545 (February, 2005) Introduction 546 I. Status of the Law. 549 A. Equal Protection Jurisprudence and Racial Classifications in Higher Education. 550 B. Regents of the University of California v. Bakke. 551 C. The Fractured Court and its Aftermath: Revisiting the Diversity Rationale and Resolving the Circuit Split. 554 1. The Fifth Circuit: Hopwood v. Texas. 555 2. The... 2005
A. Wallace Tashima Play it Again, Uncle Sam 68-SPG Law and Contemporary Problems 7 (Spring 2005) Yesterday we heard from some of the surviving participants in the World War II Japanese American internment experience, including litigants and attorneys who participated in the various test cases in the United States Supreme Court and the lower federal courts. This morning, we heard from a panel of scholars who gave us a historical overview of the... 2005
Kerry Abrams Polygamy, Prostitution, and the Federalization of Immigration Law 105 Columbia Law Review 641 (April, 2005) When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... 2005
Lisa M. Fairfax Some Reflections on the Diversity of Corporate Boards: Women, People of Color, and the Unique Issues Associated with Women of Color 79 Saint John's Law Review 1105 (Fall 2005) As one might expect, there are many similarities between the circumstances of women directors and directors of color, which include African Americans, Latinos, and Asian Americans. Indeed, both groups began appearing on corporate boards in significant numbers during the same period--right after the Civil Rights Movement--pursuant to which the push... 2005
Lorraine K. Bannai Taking the Stand: the Lessons of Three Men Who Took the Japanese American Internment to Court 4 Seattle Journal for Social Justice 1 (Fall/Winter 2005) The internment notice came out, and it burned me up, you know. Here I am, an American, and I have to go to internment camp. I was really upset. And I said I'm not going to go. I'm an American and that's what I am and I'm going to stay that way. - Fred Korematsu In the fall of 1941, Glenn Miller and the big bands were on the airwaves, Joe DiMaggio... 2005
Gil Gott The Devil We Know: Racial Subordination and National Security Law 50 Villanova Law Review 1073 (2005) SINCE September 11, Muslims, Arabs and South Asians in the United States have had to contend with disparate and abusive treatment, both within civil society and at the hands of state actors including security, law enforcement and prison officials. It would seem a horrible exaggeration to say that post-September 11 has been a period of open season... 2005
Roy L. Brooks The Slave Redress Cases 27 North Carolina Central Law Journal 130 (2005) I. Introduction. 131 II. Forced Labor Litigation. 133 A. Overview. 133 B. Japanese Forced Labor Litigation. 134 C. Nazi Forced Labor Litigation. 141 1. Princz v. Federal Republic of Germany. 141 2. In re Nazi Era Cases Against German Defendants Litigation. 144 III. Japanese American Removal and Internment. 146 A. Executive Order 9066. 146 B.... 2005
Jerry Kang Watching the Watchers: Enemy Combatants in the Internment's Shadow 68-SPG Law and Contemporary Problems 255 (Spring 2005) Punish him, yes. But please try to understand the defense's point of view that there is a corporate responsibility. -- Lawyer for Ivan Chip Frederick, court-martialed for his crimes at Abu Ghraib We are fighting an indefinite war on terror. In considering the policy and practice of this war, the history of the Japanese American internment looms... 2005
Daniel Ahn Profiling Culture: an Examination of Korean American Gangbangers in Southern California 11 Asian Law Journal 57 (May, 2004) Los Angeles Mayor James Hahn and Police Chief William Bratton have declared war on Southern California's street gangs. The gang problem, they argue, is insidious and should be considered a national problem akin to terrorism. The parallel between gangs and terrorism is instructive, for profiling is a controversial yet significant issue for both.... 2004
Karen K. Narasaki, Vincent A. Eng, Terry M. Ao, National Asian Pacific American Legal Center, Mark A. Packman, Attorney of Record, Jonathan M. Cohen, Robert Thoron Taylor, Joel E Greer, Gilbert Heintz, Randolph Brief of Amici Curiae National Asian Pacific American Legal Consortium, Asian Law Caucus, Asian Pacific American Legal Center, et Al. , in Support of Respondents in Barbara Grutter, Petitioner, V. Lee Bollinger, et Al., Respondents and Jennifer Gratz, et 10 Asian Law Journal 295 (May, 2003) The National Asian Pacific American Legal Consortium (NAPALC) is a national, nonprofit, nonpartisan organization whose mission is to advance the legal and civil rights of Asian Pacific Americans. NAPALC is committed to supporting affirmative action as a way of ensuring equal opportunities for women and minorities. Joining NAPALC as amici curiae... 2003
Daisy Ha An Analysis and Critique of Kiwa's Reform Efforts in the Los Angeles Korean American Restaurant Industry 8 Asian Law Journal 111 (May, 2001) Although many people are aware, through the efforts of organizations and media attention, of the miserable working conditions facing Asian Americans in garment industry sweatshops, less visible are other arenas in which Asian American workers also face similar plights. One such example is the restaurant industry in Los Angeles' Koreatown. Since... 2001
Linda Chen Einsiedler, M.A. and Todd A. DeMitchell, Ed.D. % Affirmative Action and the Model Minority in Higher Education Admissions: a Conundrum for Asian Americans 131 West's Education Law Reporter 877 (March, 1999) It is by now well understood . that our society cannot be completely colorblind in the short term if we are to have a colorblind society in the long term. After centuries of viewing through colored lenses, eyes do not quickly adjust when the lenses are removed. Associate General Contractors of Massachusetts v. Altschuler (1973) Government can never... 1999
Janine Young Kim Are Asians Black?: the Asian-american Civil Rights Agenda and the Contemporary Significance of the Black/white Paradigm 108 Yale Law Journal 2385 (June, 1999) The phrase civil rights movement evokes the powerful words and images of the mass movement by Black Americans in the United States during the 1950s and 1960s. In recent years, however, Asian Americans have increasingly laid claim to a place in the history of the struggle for civil rights. Just as Derrick Bell harkens back to Dred Scott v. Sanford... 1999
By Harvey Gee Asian Americans, Law, and Illegal Immigration in Post-civil Rights America: a Review of Three Books Disoriented: Asian Americans, Law, and the Nation-state, by Robert S. Chang, New York University Press, 1999 Forbidden Workers: Illegal Chinese Immigrants 77 University of Detroit Mercy Law Review 71 (Fall 1999) Presently, the social science and legal literature on Asian Americans are growing at an impressive rate. Accordingly, three recently published volumes have emerged to expand the analysis of Asian American social and legal issues. First, Peter Kwong, chair of the Asian American Studies Program at Hunter College in New York, demonstrates his... 1999
HARVEY GEE Beyond Black and White: Selected Writings by Asian Americans Within the Critical Race Theory Movement 30 Saint Mary's Law Journal 759 (1999) I. Introduction. 760 II. Critical Race Theory. 764 III. History of Discrimination Against Asian Americans: Nativism and the Racialization of Asian Americans As Foreign. 769 IV. Asian-American Contributions to the Critical Race Movement. 773 A. Constructing Asian-American Identities During the Exclusion Era. 776 B. Contemporary Discrimination... 1999
Richard P. Cole, Gabriel J. Chin Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law 17 Law and History Review 325 (Summer, 1999) During the past generation legal histories of Chinese immigrants who came to America during the second half of the nineteenth century have reshaped our view of their significance for the history of American law. The preceding three generations of professional legal historians perceived the legal experience of Chinese immigrants as marginal to the... 1999
Reviewed by Harvey Gee Immigrants Out! The New Nativism and the Anti-immigrant Impulse in the United States, Edited by Juan F. Perea. New York: New York University Press. 342 Pp. 1997. 52 Oklahoma Law Review 685 (Winter, 1999) The American Nation has always had a specific ethnic core. And that core has been white. The recently enacted anti-immigration policies which target Asian and Latino immigrants are the latest manifestations of the social construction of these racial groups as foreigners not entitled to the equal protection of the law. This anti-immigrant animus is... 1999
David E. Bernstein Lochner, Parity, and the Chinese Laundry Cases 41 William and Mary Law Review 211 (December, 1999) From the 1860s to the early twentieth century, Chinese laundrymen throughout the American West suffered from violence, boycotts, and hostile regulation of their occupation by local governments. The vast majority of Chinese laundrymen were not permitted to vote because they were aliens ineligible for citizenship. The laundrymen therefore could not... 1999
Rockwell Chin Long Struggle for Justice 85-NOV ABA Journal 66 (November, 1999) In the struggle for civil rights in the United States, Asian Pacific Americans have not always fought the loudest battles, and their struggles have not often garnered the biggest headlines. But their efforts nevertheless have had a deep impact on the continuing struggle to rid America of racism, bigotry and discrimination. Faced with a hostile... 1999
Harvey Gee Race, Rights, and the Asian American Experience: a Review Essay 13 Georgetown Immigration Law Journal 635 (Summer, 1999) As a movement for social change, Asian American activism must confront institutional forces that maintain the status quo. Asian American movements face additional burdens that stem from society's refusal to acknowledge the oppression, humanity, and the very existence of Asian Americans. Ancheta's book represents one of the most comprehensive and... 1999
Troy M. Yoshino Still Keeping the Faith?: Asian Pacific Americans, Ballot Initiatives, and the Lessons of Negotiated Rulemaking 6 Asian Law Journal 1 (May, 1999) Asian Pacific Americans (APA's) face a number of obstacles to obtaining proportionate electoral power in the United States. The author examines several factors that have contributed to the diminution of the APA political voice including the occupation of a smaller percentage of the political constituency, the absence of a strong national leader,... 1999
Mark K. Hanasono Stranded in Japan and the Civil Liberties Act of 1988 Recognition for an Excluded Group of Japanese Americans 6 Asian Law Journal 151 (May, 1999) The United States government provided redress and reparations for many Japanese Americans injured by its constitutional violations during World War II. The United States has failed, however, to address the legitimate claims of Japanese Americans who traveled to Japan for temporary visits before the outbreak of World War II. These Japanese Americans... 1999
Irene Scharf Tired of Your Masses: a History of and Judicial Responses to Early 20th Century Anti-immigrant Legislation 21 University of Hawaii Law Review 131 (Summer, 1999) A story with eerie reminiscences of times past appeared in the National Law Journal this past October. The story, about the case of Soko Bukai v. YWCA of San Francisco, can serve to remind us all of a not-too-distant past that reverberates even today around this nation. Soko Bukai was brought on behalf of 700 members of the Japanese-American... 1999
TAM B. TRAN Using Dsm-iv to Diagnose Mental Illness in Asian Americans 10 Journal of Contemporary Legal Issues 335 (1999) Until the recent development and publishing of DSM-IV, very little attention was paid to the influence of cultural factors on diagnosis of mental disorder. In the past, DSM manuals were formulated according to Western psychiatric ideologies and social influences that often did not correlate with the mental health systems of other cultures. Hence,... 1999
Gil Gott A Tale of New Precedents: Japanese American Internment as Foreign Affairs Law 19 Boston College Third World Law Journal 179 (Fall, 1998) In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... 1998
Gil Gott A Tale of New Precedents: Japanese American Internment as Foreign Affairs Law 40 Boston College Law Review 179 (December, 1998) In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... 1998
Kevin M. Pimentel , Ronnie H. Rhoe Asian America's Greatest Hits: a Review of Angelo Ancheta's Race, Rights, and the Asian American Experience 4 Michigan Journal of Race and Law 169 (Fall 1998) We are the children of the migrant worker We are the offspring of the concentration camp, Sons and daughters of the railroad builder Who leave their stamp on Amerika. Asian Americans have always been on the business end of the stick called history. Alternately and simultaneously characterized as both the eternal foreigner --unwilling and unable... 1998
  Asian Pacific American Law Students Association Statement Regarding the Lawsuit Against the University of Michigan 5 Michigan Journal of Gender & Law 217 (1998) December 3, 1997 The Asian Pacific American Law Students Association at the University of Michigan (APALSA) supports the implementation of affirmative action programs conscious of race, ethnicity, gender and disability. We assert that the lawsuits filed against the University of Michigan's undergraduate and law school admissions programs are... 1998
Caitlin M. Liu Beyond Black and White: Chinese Americans Challenge San Francisco's Desegregation Plan 5 Asian Law Journal 341 (May, 1998) For the past 15 years, San Francisco has taken aggressive measures to desegregate its public schools. Originally conceived to enhance equal education opportunities for racial and ethnic minority children, the desegregation plan has come under increasing attack in recent years for its discriminatory effects on students of Chinese descent, especially... 1998
L. Ling-chi Wang Beyond Identity and Racial Politics: Asian Americans and the Campaign Fund-raising Controversy 5 Asian Law Journal 329 (May, 1998) The campaign finance scandal of 1996, based on my own collection and estimate, has generated no less than 4,000 newspaper and magazine articles between September 1996 and February 1998 on the so-called Asian connection. At the eye of the storm were John Huang and Charlie Yah-lin Trie, two Asian American donors/fundraisers for President Bill... 1998
Taunya Lovell Banks Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building 5 Asian Law Journal 7 (May, 1998) Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls simultaneous racism, where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant... 1998
Anthony S. Wang Demystifying the Asian American Neo-conservative: a Strange and New Political Animal? 5 Asian Law Journal 213 (May, 1998) Asian American neo-conservatives are the product of the 1960s Asian American movement, yet they have diverged in principle from its modern-day progressive flag-bearers. This divergence, Mr. Wang observes, has led to the exclusion of neo-conservatives from the debate over the political direction of Asian Americans. Mr. Wang seeks to de-mystify... 1998
Robert S. Chang Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? 5 Asian Law Journal 41 (May, 1998) Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... 1998
Christine Ann Lobasso Elevation of the Individual: International Legal Issues That Flow from the American Internment of the West Coast Japanese During World War Ii 8 Touro International Law Review 45 (Spring, 1998) The sudden Japanese attack on Pearl Harbor in December of 1941 shocked the United States into war with Japan. This offensive act also induced a fear on the American West Coast that blended with preexistent anti-Asian sentiment to culminate in an incident that can best be described as a suspension of the civil liberties of approximately 112,000 West... 1998
Judy Scales-Trent Equal Rights Advocates: Addressing the Legal Issues of Women of Color 13 Berkeley Women's Law Journal 34 (1998) On February 21, 1991, reporters and television cameras crowded into a small conference room in San Francisco to hear an announcement by representatives of three local public interest law firms--Asian Law Caucus (ALC), Mexican American Legal Defense and Education Fund (MALDEF), and Equal Rights Advocates (ERA). The media had come to hear about... 1998
Joyce Kuo Excluded, Segregated and Forgotten: a Historical View of the Discrimination of Chinese Americans in Public Schools 5 Asian Law Journal 181 (May, 1998) Separate but equal public schooling is less often identified with the Asian American struggle for equality, but as Ms. Kuo documents, the Chinese American community in San Francisco was engaged in a protracted struggle for access to educational facilities from which they were legally excluded. In an environment hostile to Orientals, attempts to... 1998
Margaret M. Russell Foreword: Law in Living Color 5 Asian Law Journal 1 (May, 1998) When asked by the editors of the Asian Law Journal to serve as guest editors for a special symposium issue on race, law, and film, Professor Margaret Chon and I welcomed the opportunity for a number of reasons. First, the Asian Law Journal occupies a singular position among law reviews in its explicit commitment to foster scholarship focusing on... 1998
Julie Yuki Ralston Geishas, Gays and Grunts: What the Exploitation of Asian Pacific Women Reveals about Military Culture and the Legal Ban on Lesbian, Gay and Bisexual Service Members 16 Law & Inequality: A Journal of Theory and Practice 661 (Summer 1998) In September 1995, two U.S. Marines and a U.S. Navy seaman gang-raped a twelve-year-old Japanese girl in Okinawa, Japan, where the men were stationed. This rape brought international attention to the extensive U.S. military presence in the Pacific, including Japan, South Korea, Thailand, and until recently, the Philippines. Also, the rape initially... 1998
Lucy Salyer, University of New Hampshire Hyung-chan Kim, a Legal History of Asian Americans, 1790-1990, Westport, Ct 16 Law and History Review 440 (Summer, 1998) This work is part of the author's larger ongoing scholarly investigation into the treatment of Asian Americans by Congress and the Supreme Court. The book's intended audience is undergraduates in Asian American Studies courses and the aim is to provide them with an overview of congressional and judicial policies affecting Asian Americans, a topic... 1998
Edward M. Chen Introduction to Petition to U.s. Commission on Civil Rights 5 Asian Law Journal 353 (May, 1998) Since their immigration to this nation over a century ago, Asian Pacific Americans, like other racial minorities, have had to deal with debilitating and dehumanizing stereotypes. The most dominant and persistent perception is that of foreigners to America, a perception that pervades the experience of Asian Pacific Americans no matter how long and... 1998
Natsu Taylor Saito Justice Held Hostage: U.s. Disregard for International Law in the World War Ii Internment of Japanese Peruvians - a Case Study 19 Boston College Third World Law Journal 275 (Fall, 1998) The federal government will pay $5,000 settlements and issue an apology to Japanese who were taken from their homes in Latin America and held in U.S. internment camps during World War II, a Justice Department official said Thursday. More than 2,200 Latin Americans, most of them of Japanese ancestry and a majority from Peru, forcibly were brought to... 1998
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