| Author | Title | Citation | Summary | Year |
| 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 |
| Leti Volpp |
(Mis)identifying Culture: Asian Women and the "Cultural Defense" |
17 Harvard Women's Law Journal 57 (Spring, 1994) |
The cultural defense is a legal strategy that defendants use in attempts to excuse criminal behavior or to mitigate culpability based on a lack of requisite mens rea. Defendants may also use cultural defenses to present evidence relating to state of mind when arguing self defense or mistake of fact. The theory underlying the defense is that the... |
1994 |
| Pat K. Chew |
Asian Americans: the "Reticent" Minority and Their Paradoxes |
36 William and Mary Law Review 1 (October 1, 1994) |
I. Distortions and Paradoxes . 8 A. Paradox: Asian Americans Are Not Discriminated Against, but They Are . 8 1. History of Express Discrimination . 9 2. Ongoing Express Discrimination . 18 B. Paradox: Asian Americans Are the Model Minority, but They Are Not . 24 1. Non-Monolithic Asian Americans . 25 2. Model Minority, but Not Model American .... |
1994 |
| Samuel R. Cacas |
Asians under Attack |
21-FALL Human Rights 34 (Fall, 1994) |
In the early morning hours of July 6, 1993, a Japanese-American woman called the Los Angeles Police Department to report that her car had been spray-painted with graffiti that read Go Home Nip. Though no other car in the neighborhood was vandalized, and she is the only Asian-American on the block, police classified the case as simple vandalism... |
1994 |
| Edward M. Chen |
Garcia V. Spun Steak Co.: Speak-english-only Rules and the Demise of Workplace Pluralism |
1 Asian Law Journal 155 (May, 1994) |
The increasing number of Asian Pacific Islander and Latino immigrants to the United States has fueled the recent swell of litigation over language rights in the workplace. Under Title VII of the Civil Rights Act of 1964, language-based discrimination-including accent discrimination and rules prohibiting the use of non-English languages in the... |
1994 |
| Rey M. Rodriguez |
The Misplaced Application of English-only Rules in the Workplace |
14 Chicano-Latino Law Review 67 (Winter 1994) |
Increasingly, employers establish English-only rules in the workplace. This action on the part of employers follows a relatively large influx of Asian and Latin American immigrants into the United States, the addition of English-only amendments to state constitutions, and a mounting intolerance of legal and illegal immigration to the United States.... |
1994 |
| Robert S. Chang |
Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space |
1 Asian Law Journal 1 (May, 1994) |
Prelude Introduction: Mapping the Terrain I. The Need for an Asian American Legal Scholarship A. That Was Then, This Is Now: Variations on a Theme 1. Violence Against Asian Americans 2. Nativistic Racism B. The Model Minority Myth C. The Inadequacy of the Current Racial Paradigm 1. Traditional Civil Rights Work 2. Critical Race Scholarships II.... |
1994 |
| Jim Chen |
Unloving |
80 Iowa Law Review 145 (October, 1994) |
When Robert S. Chang declared the Asian American Moment in legal scholarship, I pondered whether his simultaneous announcement of new responsibilities for Asian American legal scholars had any impact on me. Professor Chang's piece reverberated with the rhetoric of a secessionist manifesto, and I reflexively recoiled. As a son of Georgia, I... |
1994 |
| Melvin D. Chan |
Fortino V. Quasar Co.: Invocation of Parents' U.s.-japan Fcn Treaty Rights Gives Japanese-owned U.s. Subsidiaries a Defense Against Title Vii |
6 Transnational Lawyer 653 (Fall, 1993) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 654 II. LEGAL BACKGROUND. 655 A. The U.S.-Japan Treaty of Friendship, Commerce and Navigation. 656 B. Title VII of the Civil Rights Act of 1964. 658 1. Distinction Between National Origin and Citizenship. 659 2. Bona Fide Occupational Qualification Exception. 660 C. Judicial Attempts to Reconcile the of Their... |
1993 |
| Michael Greve |
Law School Enrollment Goals |
79-JAN ABA Journal 41 (January, 1993) |
One of the nation's premier law schools, Boalt Hall, has been found to administer racial quotas that called for a student body composed of 8 percent to 10 percent black, 8 percent to 10 percent Hispanic, 5 percent to 7 percent Asian, and 1 percent American Indian. Boalt's goals excluded a huge number of highly qualified Asian applicants. This... |
1993 |
| Robin S. Levi |
Legacies of War: the United States' Obligation Toward AmerAsians |
29 Stanford Journal of International Law 459 (Summer, 1993) |
In 1990 thousands of theater fans in the United States paid $100 a ticket to see Miss Saigon, a lavish musical that retold Madame Butterfly as the story of a Saigon bargirl and her child by a U.S. serviceman. Most of the public attention focused on the portrayal of a Eurasian by a caucasian British actor and the spectacle of a helicopter taking off... |
1993 |
| Katherine Tonnas |
Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America |
20 Southern University Law Review 295 (Fall, 1993) |
The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... |
1993 |
| |
Racial Violence Against Asian Americans |
106 Harvard Law Review 1926 (June, 1993) |
Violence is always an outgrowth of milder states of mind. - Gordon Allport, The Nature of Prejudice Although comprehensive national statistics are unavailable, government commissions and Asian American communities agree that Asian Americans are frequently victimized by violent crime. In analyzing these crimes, this Note examines the catalytic role... |
1993 |
| Eileen M. Mullen |
Rotating Japanese Managers in American Subsidiaries of Japanese Firms: a Challenge for American Employment Discrimination Law |
45 Stanford Law Review 725 (February, 1993) |
I. Introduction. 726 II. Allegations of Discrimination in Favor of Japanese Managers. 731 A. Americans Excluded from Decisionmaking. 731 1. Japanese-only meetings. 731 2. Meetings conducted in Japanese. 732 3. Information isolation. 733 4. Business conducted during Japanese-only socializing. 734 B. Titles Without Authority. 734 C. Separate Career... |
1993 |
| Reginald Leamon Robinson |
The Other Against Itself: Deconstructing the Violent Discourse Between Korean and African Americans |
67 Southern California Law Review 15 (November, 1993) |
I. INTRODUCTION. 17 II. THE KOREAN AND AFRICAN AMERICAN COMMUNITIES: THE LEGAL NARRATIVE OF RACIAL INJUSTICE AND ECONOMIC INEQUALITY. 35 A. The African American Community: White Supremacy As National Policy. 41 1. The Antebellum Era. 42 2. The Post-Bellum Era. 44 B. The Asian American Community: Independence over Struggles Against Racism. 57 III.... |
1993 |
| Robert S. Chang |
Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space |
81 California Law Review 1241 (October, 1993) |
Prelude. 1243 Introduction: Mapping the Terrain. 1247 I. The Need for an Asian American Legal Scholarship. 1251 A. That Was Then, This Is Now: Variations on a Theme. 1251 1. Violence Against Asian Americans. 1252 2. Nativistic Racism. 1255 B. The Model Minority Myth. 1258 C. The Inadequacy of the Current Racial Paradigm. 1265 1. Traditional Civil... |
1993 |
| Lisa C. Ikemoto |
Traces of the Master Narrative in the Story of African American/korean American Conflict: How We Constructed "Los Angeles" |
66 Southern California Law Review 1581 (May, 1993) |
Many who have written about Los Angeles see the dynamics of race in the terrible events that took place on April 29 to May 1, 1992. Some blamed Black racism for what happened; others found fault with the behavior of Korean merchants. Others, more perceptively, blamed our society's system of white-over-colored supremacy for pitting the two outsider... |
1993 |
| Jeffrey J. Mayer |
A Critical Analysis of Judicial Attempts to Reconcile the United States-japan Friendship, Commerce and Navigation Treaty with Title Vii |
13 Northwestern Journal of International Law and Business 328 (Fall, 1992) |
The United States Court of Appeals for the Seventh Circuit recently overturned an award delivered against a Japanese company for violation of United States anti-discrimination laws. In Fortino v. Quasar, Co., the defendant, a wholly-owned American subsidiary of a Japanese company, had dramatically reduced its work force and not only dismissed... |
1992 |
| Lairold M. Street, Esq |
Helping Japanese Firms Cope with Employee Benefits and U.s. Labor and Employment Laws |
35 Howard Law Journal 381 (Spring, 1992) |
Recent developments in transnational employment and labor law in the area of Friendship, Commerce, & Navigation Treaties (FCN) illustrate the growth of American and foreign companies worldwide. Countries are becoming aware of the implications of employment and legal issues that transcend national borders. Foreign companies operating in the United... |
1992 |
| Paul Lansing , Tamra Domeyer |
Japan's Attempt at Internationalization and its Lack of Sensitivity to Minority Issues |
22 California Western International Law Journal 135 (1991/1992) |
On September 22, 1986 Japan's then Prime Minister Yasuhiro Nakasone committed a political blunder that would have reverberating consequences throughout the world. On that day, Nakasone explained the rationale behind Japanese success to the Liberal Democratic Party: Japan has become a highly educated society; it has become quite an intelligent... |
1992 |
| Mabel Ng |
Miss Saigon: Casting for Equality on an Unequal Stage |
14 Hastings Communications and Entertainment Law Journal (COMM/ENT) 451 (Spring, 1992) |
A. Asian-Americans Protest Casting of Lead Character B. Producer Cancels Broadway Show C. The Tension Between Artistic Rights and Equal Employment Opportunities A. Star Status or Unique Services of Foreign Actors B. Artistic Discretion A. Concept Defined B. Race- or Culture-Specific Roles C. No-Interference Clauses in the Production Contract D. The... |
1992 |
| Carolyn Jin-Myung Oh |
Questioning the Cultural and Gender-based Assumptions of the Adversary System: Voices of Asian-american Law Students |
7 Berkeley Women's Law Journal 125 (1992) |
The political and legal institutions of a country inevitably reflect the ethos of its dominant culture. The legal system in the United States is no exception. It has been and continues to be shaped by the cultural values prevalent in America, especially the values held by those in powereducated white men. The entry of women in increasing numbers... |
1992 |
| Su Sun Bai |
Affirmative Pursuit of Political Equality for Asian Pacific Americans: Reclaiming the Voting Rights Act |
139 University of Pennsylvania Law Review 731 (January, 1991) |
The participation of Asian Pacific Americans in the American political process has recently attracted significant media attention as the mainstream political leadership has come to recognize a growing enclave of potential votes and other forms of valuable support. Popular perceptions of Asian Pacific Americans as an economically successful minority... |
1991 |
| Richard Delgado , Jean Stefancic |
Norms and Narratives: Can Judges Avoid Serious Moral Error? |
69 Texas Law Review 1929 (June, 1991) |
I. Introduction. 1929 II. Notorious Cases and Saving Narratives: What the Juxtaposition Shows. 1934 A. Dred Scott and Plessy v. Ferguson. 1934 B. Indian Cases. 1939 C. The Chinese Exclusion Case. 1943 D. The Japanese Internment Cases. 1945 E. Bradwell v. Illinois. 1947 F. Buck v. Bell. 1948 G. Bowers v. Hardwick. 1950 III. Law and Literature: The... |
1991 |