AuthorTitleCitationSummaryYear
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
Natsu Taylor Saito Justice Held Hostage: U.s. Disregard for International Law in the World War Ii Internment of Japanese Peruvians - a Case Study 40 Boston College Law Review 275 (December, 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
Donna R. Lee Mail Fantasy: Global Sexual Exploitation in the Mail-order Bride Industry and Proposed Legal Solutions 5 Asian Law Journal 139 (May, 1998) Ms. Lee asserts that the trade in Asian mail-order brides is premised on the male consumer's racialized expectations of sexual and domestic labor services to be provided within the privacy of the home. The mail-order bride industry rests on the same foundation as the more visible trade in military prostitution and sex tourism--exploitation of the... 1998
Elizabeth M. Iglesias Out of the Shadow: Marking Intersections in and Between Asian Pacific American Critical Legal Scholarship and Latina/o Critical Legal Theory 19 Boston College Third World Law Journal 349 (Fall, 1998) Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... 1998
Elizabeth M. Iglesias Out of the Shadow: Marking Intersections in and Between Asian Pacific American Critical Legal Scholarship and Latina/o Critical Legal Theory 40 Boston College Law Review 349 (December, 1998) Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... 1998
Kevin R. Johnson Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness 73 Indiana Law Journal 1111 (Fall, 1998) L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 19 Boston College Third World Law Journal 477 (Fall, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 40 Boston College Law Review 477 (December, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
  Rethinking Racial Divides: Asian Pacific Americans and the Law 4 Michigan Journal of Race and Law 193 (Fall 1998) While the dialogue on race in the United States has intensified in recent years, this discussion remains focused primarily on the relationship between Blacks and Whites. Consequently, this bipolar dialogue often discounts the experiences of other racial and ethnic minorities and marginalizes the issues facing these groups. Asian Pacific Americans... 1998
Gabriel J. Chin , Sumi K. Cho , Marina C. Hsieh , Deborah C. Malamud Rethinking Racial Divides--panel on Affirmative Action 4 Michigan Journal of Race and Law 195 (Fall 1998) Professor Malamud: Organizing this conference has been only one part of the activist social practice that the Asian Pacific American law student community has been involved in at Michigan this year. The planning for this conference predates the now-pending law suits against the University of Michigan Law School's affirmative action program. And... 1998
Margaret Chon Acting upon Immigrant Acts: on Asian American Cultural Politics by Lisa Lowe 76 Oregon Law Review 765 (Fall 1997) How might a literature professor converse with a law professor about law? Selecting what I think are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, I meditate on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of... 1997
Natsu Taylor Saito Alien and Non-alien Alike: Citizenship, "Foreignness," and Racial Hierarchy in American Law 76 Oregon Law Review 261 (Summer 1997) I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289... 1997
Anthony S. Chen Beyond Modernism and Postmodernism: Working Notes Towards an Asian American Legal Scholarship 4 Asian Law Journal 97 (May, 1997) The author argues that if Asian American legal scholarship should not stake itself exclusively on anti-foundationalist poststructuralist epistemology because it places specific political and epistemological limits on the capacity of racialized and minoritized communities to pursue social justice. He further suggests that the zone of critical... 1997
Frank H. Wu Changing America: Three Arguments about Asian Americans and the Law, 45 Am. U. L. Rev. 811 (1996). 4 Asian Law Journal 202 (May, 1997) Frank Wu identifies the dramatic demographic shift taking place in America and argues that these changes present complexities of multiple races and contradictions of multiculturalism, to which the law has responded ineffectively. In suggesting that racial realities must be recognized at a descriptive level, the essay presents three independent but... 1997
Harvey Gee Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate 32 Gonzaga Law Review 621 (1996-1997) I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... 1997
Lance T. Izumi Confounding the Paradigm: Asian Americans and Race Preferences 11 Notre Dame Journal of Law, Ethics & Public Policy 121 (1997) For supporters of government race-preference programs, there has been an almost irresistible urge to paint opponents of race preferences as acting not on principle, but on base opportunism. For example, California Governor Pete Wilson's opposition to race preferences is frequently cited as owing more to politics than to firmly held belief. And... 1997
Keith Aoki Critical Legal Studies, Asian Americans in U.s. Law & Culture, Neil Gotanda, and Me 4 Asian Law Journal 19 (May, 1997) The author offers a personal reflection on how Neil Gotanda's contributions to Asian American legal scholarship helped him become Asian American when the author used Gotanda's writings and teaching materials for a class. I was born in 1955, but did not become an Asian American until sometime during the summer of 1994. Please allow me to explain... 1997
Eric K. Yamamoto Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-civil Rights America 95 Michigan Law Review 821 (February, 1997) At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs... 1997
Ming W. Chin Keynote Address: "Fairness or Bias?: a Symposium on Racial and Ethnic Composition and Attitudes in the Judiciary" 4 Asian Law Journal 181 (May, 1997) Good afternoon, ladies and gentlemen. I would like to thank Asian Law Journal for its gracious invitation to speak with you today. At a conference called Diversity and Unity in America at the University of Texas, William Raspberry, a columnist for the Washington Post, was asked the following question: Are race relationships getting better or... 1997
Enid Trucios-Haynes Latino/as in the Mix: Applying Gotanda's Models of Racial Classification and Racial Stratification 4 Asian Law Journal 39 (May, 1997) The author acknowledges the pioneering effect Professor Neil Gotanda's work has had on the discussion of racial discourse to include the racial oppression of Asian/Pacific Islander Americans. According to the author, Professor Gotanda's analytical model to examine the social practice of race contains three elements. Moreover, Professor Gotanda's... 1997
Natsu Taylor Saito Model Minority, Yellow Peril: Functions of "Foreignness" in the Construction of Asian American Legal Identity 4 Asian Law Journal 71 (May, 1997) Those of Asian descent are often portrayed as the model minority. However, the very same elements which comprise the model minority can also be read as components of the yellow peril. The author argues that Neil Gotanda's concept of foreignness rectifies the contradictory images simultaneously attributed to Asian Americans. By characterizing... 1997
Jerry Kang Negative Action Against Asian Americans: the Internal Instability of Dworkin's Defense of Affirmative Action, 31 Harv. C.r.-c.l. L. Rev. 1 (1996). 4 Asian Law Journal 197 (May, 1997) This article examines preferential student admissions into educational institutions. Kang explores the tensions between traditional liberals' acceptance of preferential admissions for racial minorities and their general rejection of admission ceilings on minorities such as Asian Americans. This tension guides Kang's inquiry onto broader, more... 1997
Gary Minda Neil Gotanda and the Critical Legal Studies Movement 4 Asian Law Journal 7 (May, 1997) In this essay, the author tells of the historical development of Critical Legal Studies during the 1980s. It is from this background that Neil Gotanda and others developed the base for the Asian American legal studies movement. Although there is now a deeper understanding of how discrimination works within different cultural communities because of... 1997
Neil Gotanda Race, Citizenship, and the Search for Political Community among "We the People" 76 Oregon Law Review 233 (Summer 1997) this article was originally written in 1986-1987 for a Black Law Journal symposium at U.C. Berkeley examining the Preamble to the United States Constitution. The reference in the title to We the People is to the symposium theme. The symposium issue was never published. Faced with what I perceived to be a lack of interest in Asian American issues... 1997
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