| Author | Title | Citation | Summary | Year |
| Gabriel J. Chin , Sam Chew Chin |
THE WAR AGAINST ASIAN SAILORS AND FISHERS |
69 UCLA Law Review 572 (April, 2022) |
Beginning in the 1880s, maritime unions sought federal legislation to prevent Chinese, Japanese, Filipino, and Asian Indian sailors from serving as crew members on U.S.-flag vessels. The campaign succeeded and mandatory citizenship requirements for crews remain in the U.S. Code to this day. Similarly, federal and state laws limited the ability of... |
2022 |
| Peter K. Yu , Jorge L. Contreras , Yu Yang |
TRANSPLANTING ANTI-SUIT INJUNCTIONS |
71 American University Law Review 1537 (April, 2022) |
When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts... |
2022 |
| Miriam Driessen , University of Oxford |
TRIALS OF TRUSTWORTHINESS BETWEEN ETHIOPIAN LAWYERS AND CHINESE CLIENTS |
45 PoLAR: Political and Legal Anthropology Review 274 (November, 2022) |
Legal representation requires trust. How is trust given and gained in lawyer-client relations that are tainted by mistrust? In this article I examine interactions between Ethiopian lawyers and their Chinese clients to show how both parties mitigate mistrust to enable productive legal representation across radical difference. This process not only... |
2022 |
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UNITED STATES INDICTS IRANIAN AND CHINESE GOVERNMENT AGENTS FOR TARGETING INDIVIDUALS IN THE UNITED STATES |
116 American Journal of International Law 179 (January, 2022) |
In July 2021, the U.S. Department of Justice announced two indictments charging Iranian and Chinese government officials and others acting at their behest with a variety of crimes stemming from two separate plots to coerce U.S. residents to return to those countries. The first involved four Iranians and a U.S. resident who took steps to kidnap a... |
2022 |
| Andrew Masaru Orita |
VOTE BY BLOOD: THE PERPETUATING FUNCTION OF PROXIES IN THE JAPANESE NATIONALITY LAW |
17 University of Pennsylvania Asian Law Review 441 (2022) |
Citizenship is one of the main methods that governments use to delineate which persons have certain rights and which do not. In Japan, like in many other countries, citizenship also serves to indicate who belongs' under the moniker of Japanese. In recent years, more and more children are being born as dual citizens between Japan and another... |
2022 |
| Benjamin H. Pollak |
"A NEW ETHNOLOGY": THE LEGAL EXPANSION OF WHITENESS UNDER EARLY JIM CROW |
39 Law and History Review 513 (August, 2021) |
Scholars of race and law have long agreed that American courts protected whiteness as any other form of property by defining it in ways that increased its value by reinforcing its exclusivity. This narrative has proved particularly seductive to scholars of the postbellum South, who have emphasized the ways in which Southern jurists and... |
2021 |
| Michael Heise, Jason P. Nance |
"DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS |
111 Journal of Criminal Law and Criminology 717 (Summer, 2021) |
Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... |
2021 |
| Vinay Harpalani |
"TRUMPING" AFFIRMATIVE ACTION |
66 Villanova Law Review: Tolle Lege 1 (2021) |
This Essay examines the Trump administration's actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump's judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of... |
2021 |
| Michelle Lyon Drumbl |
#AUDITED: SOCIAL MEDIA AND TAX ENFORCEMENT |
99 Oregon Law Review 301 (2021) |
Introduction. 302 I. Tensions Arising from the Collision of Automation, Convenience, Privacy, and Expectations. 307 A. Is Our Collective Notion of Privacy Slowly Changing? Examples Outside the Realm of Tax Administration. 308 1. Government Agency Use of Social Media Mining and Big Data. 309 2. Private Actor Use of Social Media Mining and Big Data.... |
2021 |
| Xuan-Thao Nguyen |
#METOO INNOVATORS: DISRUPTING THE RACE AND GENDER CODE BY ASIAN AMERICANS IN THE TECH INDUSTRY |
28 Asian American Law Journal 17 (2021) |
This Article focuses on how Asian American women innovators of the #MeToo generation are disrupting the code of conduct in the tech industry. The code is hard-wired into the tech bro culture of mirrortocracy, resulting in hiring practices that perpetuate existing company demographics and statistics that show that Asian American women face 2.91... |
2021 |
| Dominique Marangoni-Simonsen |
A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC |
27 Hastings Environmental Law Journal 229 (Winter, 2021) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
| Dominique Marangoni-Simonsen |
A Forgotten History: How the Asian American Workforce Cultivated Monterey County's Agricultural Industry, Despite National Anti-asian Rhetoric |
27 Hastings Environmental Law Journal 229 (Winter, 2021) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
| Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
| Laura Clark Fey , Sarah D. Wiese |
AMERICA THE VULNERABLE: THE NATION STATE HACKING THREAT TO OUR ECONOMY, OUR PRIVACY, AND OUR WELFARE |
30-SUM Kansas Journal of Law & Public Policy 370 (Summer, 2021) |
Two thousand twenty, arguably one of the most challenging years in American history, went out with a bang as news developed of our Cyber Pearl Harbor. On December 13, 2020, while investigating a hack of its systems, cybersecurity firm FireEye discovered a single line of malicious code in a software update received from software vendor,... |
2021 |
| The Honorable Kirk H. Nakamura, The Honorable Deborah C. Servino |
ANTI-ASIAN HATE IS NOT A NEW PHENOMENON |
63-SEP Orange County Lawyer 36 (September, 2021) |
The COVID-19 Hate Crimes Act was passed by Congress and signed into law by the president this May, which was also Asian Pacific Islander Heritage Month. The legislation noted that, following the spread of COVID-19 in 2020, there has been a dramatic increase in hate crimes and violence against Asian Americans and Pacific Islanders. Pub. L. No.... |
2021 |
| The Honorable Kirk H. Nakamura, The Honorable Deborah C. Servino |
ANTI-ASIAN VIOLENCE IN ORANGE COUNTY: A HISTORICAL PERSPECTIVE |
63-OCT Orange County Lawyer 28 (October, 2021) |
On December 8, 1945, a renowned Army captain took the podium at what would become Santa Ana Stadium to honor Staff Sgt. Kazuo Masuda, who was killed in Europe fighting the Nazis as part of the 442nd Regimental Combat Team, the most decorated unit of its size and length of service in American military history. It was United America Day in Santa Ana,... |
2021 |
| Joshua D. Lee , Sarah Tejada , Kristina Vu , Nadine Ona |
BEARING WITNESS TO HATE |
58-JUN Houston Lawyer 31 (May/June, 2021) |
Violent attacks targeting Asian American-Pacific Islander (AAPI) communities are on the rise worldwide. They represent a grim reversal of a once downward trend. In the United States, over 3,700 reported hate incidents have been recorded since the beginning of the pandemic. New incidents are reported daily, including in Texas. Just last March, a... |
2021 |
| Monica Ramsy |
BEYOND THE U VISA AND CARCERAL FEMINIST "CRIMMIGRATION": TRANSFORMING THE VAWA SELF-PETITION TO REMEDY SEXUAL VIOLENCE IN IMMIGRATION DETENTION |
45 New York University Review of Law and Social Change 37 (2021) |
When, and on what terms and conditions, do the experiences of an immigrant survivor of sexual violence matter? On what basis do we, and should we, devise our immigration laws in relation to gender-based violence? In wrestling with these questions, this Article seeks to develop a framework with which to more meaningfully support survivors of sexual... |
2021 |
| Kevin R. Johnson |
BRINGING RACIAL JUSTICE TO IMMIGRATION LAW |
116 Northwestern University Law Review Online 1 (May 13, 2021) |
From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... |
2021 |
| Ayyan Zubair |
BROWN'S LOST PROMISE: NEW YORK CITY SPECIALIZED HIGH SCHOOLS AS A CASE STUDY IN THE ILLUSORY SUPPORT FOR CLASS-BASED AFFIRMATIVE ACTION |
11 California Law Review Online 557 (March, 2021) |
Introduction. 557 I. Background: New York City's Specialized High Schools and Christa McAuliffe Intermediate School PTO, Inc. v. de Blasio. 558 A. A Primer on New York City's Specialized High Schools. 558 B. The Barriers Created by the Specialized High School System. 560 II. The Effect of The U.S. Supreme Court's Latest Additions on Race-Conscious... |
2021 |
| Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... |
2021 |
| Vinay Harpalani, J.D., Ph.D. |
CAN "ASIANS" TRULY BE AMERICANS? |
27 Washington and Lee Journal of Civil Rights and Social Justice 559 (Spring, 2021) |
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with... |
2021 |
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CHAPTER 17 SOUTH KOREA |
86 IUS Gentium 723 (2021) |
South Korea, with a population of 54.6 million in 2018, has been described as a country that once served as the world's largest source of unwanted children, driven by poverty, governmental regulation, a culture of racial purity, homogeneity, family bloodlines, shame, and taboos against domestic adoption. Much has changed in recent years,... |
2021 |
| Catherine Powell |
COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE |
33 Yale Journal of Law & Feminism 1 (2021) |
We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... |
2021 |
| Jasmine Mitchell |
COMMENTARY AND BOOK REVIEW: MULTIRACIALS AND CIVIL RIGHTS: MIXED-RACE STORIES OF DISCRIMINATION |
34 Journal of Civil Rights & Economic Development 1 (Spring, 2021) |
Can a drop of whiteness or looking white save someone from anti-Blackness? Are mixed-race peoples special, and should they be a protected class under the law? Did Loving v. Virginia's legalization of interracial marriage lead to race becoming insignificant? Tanya Hernández's Multiracials and Civil Rights: Mixed-Race Stories of Discrimination... |
2021 |
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CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) |
134 Harvard Law Review 1268 (January, 2021) |
Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... |
2021 |
| Bobbi K. Dominick |
CRITICAL RACE THEORY AND WORKPLACE DIVERSITY EFFORTS |
64-DEC Advocate 36 (November/December, 2021) |
Across the country, debates about critical race theory (CRT) are raging in legislatures, school boards and organizations, and in diverse locales. While it may seem like a passing fad, or cultural hot button issue, diversity practitioners and leaders should pay close attention. Now is the time to reexamine the most effective, and defensible,... |
2021 |
| D. Carolina Núñez |
DARK MATTER IN THE LAW |
62 Boston College Law Review 1555 (May, 2021) |
Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... |
2021 |
| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (October 29, 2021) |
The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |
| George A. Acosta |
DEVOLVING STANDARDS OF DECENCY: HOW EIGHTH AMENDMENT JURISPRUDENCE FAILS TRANSGENDER INMATES SEEKING NECESSARY MEDICAL CARE |
36 Wisconsin Journal of Law, Gender & Society 59 (Spring, 2021) |
The Supreme Court of the United States has long held that denying necessary medical care to prison inmates may constitute cruel and unusual punishment within the meaning of the Eighth Amendment. Transgender inmates suffering from gender dysphoria often do not receive essential medical care, particularly the crucial treatments of hormone therapy and... |
2021 |