AuthorTitleCitationSummaryYear
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
Kevin R. Johnson Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? 76 Oregon Law Review 347 (Summer 1997) A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... 1997
Alfred Chueh-Chin Yen The Diversity among Us 19 Western New England Law Review 36 (1997) The first thing I want to say is that I will be talking about different groups, Asian-Americans, Latinos, African-Americans, and I realize that every one of those communities is very diverse. I therefore want to make it clear that I am not using these terms to herd us all into some kind of monolithic cookie-cutter mold. I am instead simply trying... 1997
Chris K. Iijima The Era of We-construction: Reclaiming the Politics of Asian Pacific American Identity and Reflections on the Critique of the Black/white Paradigm 29 Columbia Human Rights Law Review 47 (Fall 1997) My six-year-old half-Asian son has just had his first Ching Chong Chinaman taunting in school. I was expecting it, but it threw me off-balance nevertheless. He said it hurt his feelings and asked me for answers. I, of course, had none. I thought about what the appropriate response was for a six-year-old whose new consciousness of racism had begun... 1997
Lisa C. Ikemoto The Fuzzy Logic of Race and Gender in the Mismeasure of Asian American Women's Health Needs 65 University of Cincinnati Law Review 799 (Spring 1997) It is said that if you have your health, you have everything. This common wisdom expresses recognition that physical and mental health premise much of what we are, what we can do, and what we need. Status, wealth, and health are very closely linked. In part, status and wealth are interdependent with health. The Americans with Disabilities Act... 1997
Joel B. Grossman The Japanese American Cases and the Vagaries of Constitutional Adjudication in Wartime: an Institutional Perspective 19 University of Hawaii Law Review 649 (Fall 1997) Notwithstanding the worldwide emergence of constitutions and constitutionalism, the proliferation of constitutional courts with powers of judicial review, and the spread of the rights revolution and concerns for international human rights, rights are always at risk in wartime and other national security crises. It has been said, perhaps with some... 1997
Alfred C. Yen A Statistical Analysis of Asian Americans and the Affirmative Action Hiring of Law School Faculty 3 Asian Law Journal 39 (May, 1996) Law schools have long implemented affirmative action faculty hiring practices to remedy past discrimination, increase diversity, and provide role models for students of color. However, there is a growing sense among the relatively few Asian American law faculty that Asian Americans are not included in affirmative action hiring efforts. The author... 1996
Kenzo S. Kawanabe American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past 10 Georgtown Immigration Law Journal 681 (Summer, 1996) These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... 1996
Manjusha P. Kulkarni Application of the Civil Liberties Act to Japanese Peruvians: Seeking Redress for Deportation and Internment Conducted by the United States Government During World War Ii 5 Boston University Public Interest Law Journal 309 (Winter 1996) The evacuation and internment of Japanese Americans during World War II finally have made their way into our history books. The injustice of these events perpetrated by the United States government has awakened the conscience of Congress enough to induce it to appropriate redress to the victims. The Civil Liberties Act of 1988 began providing... 1996
Pat K. Chew Asian Americans in the Legal Academy: an Empirical and Narrative Profile 3 Asian Law Journal 7 (May, 1996) Introduction. 8 I. Description of the Empirical Study. 11 II. An Identity Begins to Appear: Asian American Law Professor . 13 A. Women: An Emerging Group. 14 B. Foreign Educated: A Dwindling Group. 16 C. Recent Entrants: A Glimpse of the Future. 18 III. Further Details and Voices Behind the Profile. 13 A. Demographic Characteristics. 19 B.... 1996
Virginia W. Wei Asian Women and Employment Discrimination: Using Intersectionality Theory to Address Title Vii Claims Based on Combined Factors of Race, Gender and National Origin 37 Boston College Law Review 771 (July, 1996) born into the skin of yellow women we are born into the armor of warriors Kitty Tsui, Chinatown Talking Story Women of color experience discrimination in multiple spheres that cannot be categorized as solely race-based or solely gender-based. Their experiences are a result of both their race and gender. The identities of women of color must... 1996
Karin Wang Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community 3 Asian Law Journal 151 (May, 1996) The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... 1996
Frank H. Wu Changing America: Three Arguments about Asian Americans and the Law 45 American University Law Review 811 (February, 1996) America is changing. Soon, people of color collectively will be the racial majority, while whites as a group will find themselves racial minorities like everyone else. Already, only about three-quarters of the United States population is Caucasian and non-Hispanic, to use Census Bureau classifications. This dramatic demographic shift is being... 1996
Kenneth E. Payson Check One Box: Reconsidering Directive No. 15 and the Classification of Mixed-race People 84 California Law Review 1233 (July, 1996) What are you? As the child of a Japanese mother and a White father, I have often been asked this question. While I am also male, heterosexual, law student, spouse, sibling, and child, this query is usually directed at my racial identity. As a mixed-race person, I am part of an ill-defined, amorphous group of persons who are increasingly becoming... 1996
Eric K. Yamamoto Foreword: We Have Arrived, We Have Not Arrived 3 Asian Law Journal 1 (May, 1996) In the following two articles, Professors Chew and Yen explain empirical studies revealing previously unexplored patterns in the hiring and retention of Asian American law faculty. Their findings announce both the arrival and struggle of Asian Americans as law professors. I cannot in this brief introduction do justice to the complexity of this... 1996
Jerry Kang Negative Action Against Asian Americans: the Internal Instability of Dworkin's Defense of Affirmative Action 31 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 1996) [O]nce race is accepted as a proper factor to consider for purposes of achieving student diversity, it is susceptible to manipulation for restricting entry by members of certain groups. Thus, for example, if a relatively high proportion of Asians would gain admissions to medical school based solely on a competitive admissions process, a state... 1996
Robert S. Chang Passion and the Asian American Legal Scholar 3 Asian Law Journal 105 (May, 1996) When I was in law school, I wrote a short story called Orientals Anonymous. It opens with a group of people milling around in a room. Then someone calls the meeting to order. A man stands up and says, Hi, my name is Sam. I'm an Oriental. People clap. A woman stands up and says, Hi, my name is Beth. And I'm an Oriental. Again, people clap. It... 1996
John Hayakawa Torok Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws 3 Asian Law Journal 55 (May, 1996) The Reconstruction amendments and civil rights law historically have been viewed in the context of African American emancipation, naturalization, and enfranchisement. However, Chinese immigrants' presence and the racial nativism they engendered in the white polity influenced the debates surrounding that legislation and the attendant Supreme Court... 1996
Gabriel J. Chin The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 75 North Carolina Law Review 273 (November, 1996) In this historical analysis of the Immigration and Nationality Act Amendments of 1965, Professor Chin argues that Congress eased restrictions on Asian immigration into the United States in an effort to equalize immigration opportunities for groups who had been the victims of discriminatory immigration laws in the past. In Part I of the Article, he... 1996
Daniel P. Tokaji The Club: Asian Americans and Affirmative Action 1-FALL NEXUS: A Journal of Opinion 47 (Fall, 1996) During a recent campaign swing through California, Republican presidential candidate Bob Dole stopped to make a plug for Proposition 209, the so-called California Civil Rights Initiative. Not accidently, he chose to announce his endorsement of the initiative before a group of Asian Americans. Standing in front of a banner that read Celebrate... 1996
Reggie Oh , Frank Wu The Evolution of Race in the Law: the Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Action for African Americans 1 Michigan Journal of Race and Law 165 (1996) Over the past fifty years, the United States Supreme Court has articulated the constitutional standards for the governmental use of racial classifications by referring repeatedly to its wartime decisions on the Japanese American internment. Those decisions were understood then as being emphatically not about race, but have been understood since as... 1996
Gabriel J. Chin The Plessy Myth: Justice Harlan and the Chinese Cases 82 Iowa Law Review 151 (October, 1996) For a century, the vision of racial equality expressed in John Marshall Harlan's dissent in Plessy v. Ferguson has captured the legal imagination in a way matched by few other texts. Even today, the symbolic power of Harlan's rejection of segregation of African Americans and whites in New Orleans streetcars is rivaled only by the Reverend Martin... 1996
Paula C. Johnson The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin 1 Michigan Journal of Race and Law 347 (Summer 1996) INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... 1996
Constance Backhouse The White Women's Labor Laws: Anti-Chinese Racism in Early Twentieth-century Canada 14 Law and History Review 315 (Fall, 1996) Moose Jaw, Saskatchewan, provided the setting, in May 1912, for two widely publicized trials that highlighted the explosive fusion between race, gender, and class in early twentieth-century Canada. The prosecutions were based on a Saskatchewan statute passed several weeks earlier, An Act to Prevent the Employment of Female Labour in Certain... 1996
Pauline C. Reich Women and the Law: an Annotated Internet-based Bibliography for U.s. and International Legal Research 6 Texas Journal of Women and the Law 143 (Fall 1996) While teaching a course entitled, Women and the Law at one of Japan's leading universities, it suddenly occurred to me that there was a need to provide students with more current materials in English. Although the various Japanese libraries have excellent collections in English and in Japanese, it seemed that what was appearing on the Internet in... 1996
Karen McBeth Chopra A Forgotten Minority an American Perspective: Historical and Current Discrimination Against Asians from the Indian Subcontinent 1995 Detroit College of Law at Michigan State University Law Review 1269 (Winter, 1995) INTRODUCTION. 1270 I HISTORICAL BACKGROUND. 1274 A. The First Wave. 1274 1. Anti-Immigration Pressures. 1278 2. The Indian Component in the Anti-Immigration Fervor. 1278 B. Establishing a Community. 1280 C. The Exclusion Acts. 1281 D. The Citizenship Color Bar and Denaturalization. 1285 1. What is White?. 1286 2. Effect on American Wives. 1287 E.... 1995
Cynthia Kwei Yung Lee Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.j. 6 Hastings Women's Law Journal 165 (Summer 1995) The O.J. Simpson double murder trial has been called the Trial of the Century and has captured the attention of millions. The trial has raised interesting questions about the convergence of issues regarding race, class, and gender. Rather than extensively discussing these global issues, this essay will focus on one aspect of the race issue that... 1995
Robert C. Berring In Search of Equality: the Chinese Struggle Against Discrimination in Nineteenth-century America. By Charles J. Mcclain. Berkeley, California: University of California Press, 1994. Pp. X, 385. 2 Asian Law Journal 87 (May 1, 1995) I was reading In Search of Equality: The Chinese Struggle against Discrimination in Nineteenth-Century America [hereinafter In Search of Equality] by Charles J. McClain while riding a taxi to the Oakland airport. The taxi driver noticed the book and asked me what it was about. So I regaled him with stories of Chinese American history, stories about... 1995
Kiyoko Kamio Knapp In the World, but Not of It: Japanese Companies Exploiting the U.s. Civil Rights Law 24 Denver Journal of International Law and Policy 169 (Fall, 1995) . Japan is a nation which has pursued commerce to the ends of the earth, yet cannot shed its age-old mistrust of what lies beyond its shores. Jared Taylor. A kimono-clad Oriental woman carries a torch of liberty on the front cover of the October 9, 1989, issue of Newsweek magazine. The illustration accompanies the headline Japan Invades Hollywood.... 1995
Lawrence Kent Mendenhall Misters Korematsu and Steffan: the Japanese Internment and the Military's Ban on Gays in the Armed Forces 70 New York University Law Review 196 (April, 1995) In Steffan v. Perry, the District of Columbia Court of Appeals, sitting en banc, upheld military regulations which stated that [h]omosexuality is incompatible with military service and excluded from the military those persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct.... 1995
Elizabeth Kolby Moral Responsibility to Filipino AmerAsians: Potential Immigration and Child Support Alternatives 2 Asian Law Journal 61 (May 1, 1995) Filipino Amerasian children, because they are biracial and also often the illegitimate children of prostitutes, are subjected to dire economic circumstances and social discrimination in the Philippines. In this Comment, the author argues that the United States owes a moral responsibility to these Filipino Amerasian children, arising from the U.S.... 1995
Frank H. Wu Neither Black Nor White: Asian Americans and Affirmative Action 15 Boston College Third World Law Journal 225 (Summer, 1995) The time has come to consider groups that are neither black nor white in the jurisprudence on race. There are many fallacies in the affirmative action debate. One of them, increasingly prominent, is that Asian Americans somehow are the example that defeats affirmative action. To the contrary, the Asian-American experience should demonstrate the... 1995
Thomas Wuil Joo New "Conspiracy Theory" of the Fourteenth Amendment: Nineteenth Century Chinese Civil Rights Cases and the Development of Substantive Due Process Jurisprudence 29 University of San Francisco Law Review 353 (Winter, 1995) IN Yick Wo v. Hopkins, the United States Supreme Court stated that the Fourteenth Amendment's Equal Protection and Due Process Clauses apply to all persons within the jurisdiction of a state, without regard to any differences of race, of color, or of nationality . . . . The Court made this broad pronouncement without discussion, citing only the... 1995
Theodore Hsien Wang Swallowing Bitterness: the Impact of the California Civil Rights Initiative on Asian Pacific Americans 1995 Annual Survey of American Law 463 (1995) I remember the only time my father ever took me to the office where he worked as an engineer for the federal government. While we were sitting at his desk, his supervisor came by and said, Come to my office, boy. From the tone of the supervisor's voice, we both knew right away that the boy he was referring to was not me but my 40-year-old... 1995
Alex Y. Seita The Intractable State of United States-japan Relations 32 Columbia Journal of Transnational Law 467 (1995) Because the Japanese economic challenge is the underlying source of friction in the United States-Japan relationship, a permanent state of potentially difficult relations will always be present between the United States and Japan. This challenge will aggravate both major and minor problems between the two countries. At the same time, since Japan's... 1995
Perry S. Chen, Kenly Kiya Kato The State of Asian America: Activism and Resistance in the 1990s. Edited by Karin Aguilar-san Juan. Boston, Mass.: South End Press, 1994. Pp. 394. $16.00 (Paper). 30 Harvard Civil Rights-Civil Liberties Law Review 279 (Winter, 1995) 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. The denial of Asian American experiences is not limited to... 1995
Selena Dong Too Many Asians: the Challenge of Fighting Discrimination Against Asian-americans and Preserving Affirmative Action 47 Stanford Law Review 1027 (May 1, 1995) San Francisco's Lowell High School, one of the city's most prestigious public schools, limits the number of enrollees from a given racial or ethnic group to 40 percent of the student body. Implemented more than a decade ago under a desegregation consent decree, this racial cap has itself sparked a racial discrimination suit by Chinese-Americans... 1995
Charles J. Mcclain Tortuous Path, Elusive Goal: the Asian Quest for American Citizenship 2 Asian Law Journal 33 (May 1, 1995) During the late eighteenth and early nineteenth centuries, American citizenship was not available to many Asians who immigrated to this country. However, many of these immigrants actively sought American citizenship and judicially challenged a number of laws and court decisions which prevented them from becoming American citizens. In this Article,... 1995
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