| Author | Title | Citation | Summary | Year | Key Terms in Title |
|---|---|---|---|---|---|
| Ronald D. Rotunda and John E. Nowak | § 18.8(d)(I)the World WarII Japanese "Restriction" Cases-a Turning Point for "Suspect Classifications" | Treatise on Constitutional Law-Substance & Procedure § 18.8(d)(I) (2020) | Out of a fear of espionage by Japanese persons in the United States or an invasion by Japanese military, severe restrictions were placed on the rights of persons of Japanese ancestry during World War II. In our Western states Japanese persons, whether aliens or citizens, were subject to detention in guarded camps whether or not they were as... | 2020 | Yes |
| Eric L. Muller | Korematsu, Hirabayashi, and The Second Monster | 98 Texas Law Review 735 (March, 2020) | It is a trope at least as old as Beowulf: the unexpected second monster. Beowulf arrives in Heorot to take on Grendel, the demon who has been terrorizing the Ring-Danes' mead-hall. He bests the monster in battle and Grendel slinks off, one-armed and bloodied, to die. The Ring-Danes honor Beowulf with a great banquet; he has slaughtered their... | 2020 | |
| Troy J.H. Andrade, Ryan M. Hamaguchi | American Internment | 23-MAR Hawaii Bar Journal B.J. 4 (March, 2019) | Hawai'i State law designates every January 30 as Civil Liberties and the Constitution Day. Enacted in 2013, this law celebrates, honors, and encourages public education and awareness of the commitment of individuals to preserving civil liberties for Americans of Japanese ancestry [,] particularly after their mass incarceration following the... | 2019 | Yes |
| Jeremy Chan | Chinese American Responses to The Japanese American Internment and Incarceration | 16 Hastings Race and Poverty Law Journal 207 (Summer, 2019) | After Japan bombed Pearl Harbor in December 1941 and anti-Japanese hysteria increased, Chinese Americans found themselves in a difficult position. Not only were they already victims of exclusion and other racially discriminatory laws, but they also were frequently perceived as Japanese Americans and thus faced anti-Japanese sentiment. Although some... | 2019 | Yes |
| Amanda L. Tyler | Courts and The Executive in Wartime: A Comparative Study of The American and British Approaches to The Internment of Citizens During World WarII and Their Lessons for Today | 107 California Law Review 789 (June, 2019) | This Article compares and contrasts the legal and political treatment of the detention of citizens during World War II in Great Britain and the United States. Specifically, it explores the detentions as they unfolded, the very different positions that President Franklin D. Roosevelt and Prime Minister Winston Churchill took with respect to the... | 2019 | Yes |
| Frank H. Wu | Necessary but Not Sufficient: Two Case Studies of Government Apologies Failing to Bring Closure | 16 Hastings Race and Poverty Law Journal 193 (Summer, 2019) | This short essay presents two case studies in obtaining a remedy for an historic wrong: the Congressional passage of the 1988 Civil Liberties Act, paying reparations to Japanese Americans who had been sent to internment camps during World War II; and the Senate and House issuance of Statements of Regret of 2011 and 2012, respectively, for the... | 2019 | |
| Frank H. Wu | Scattered: The Assimilation of Sushi, The Internment of Japanese Americans, and The Killing of Vincent Chin, A Personal Essay | 26 Asian American Law Journal 109 (2019) | In a personal Essay, Frank H. Wu discusses the acceptance of sushi in America as a means of analyzing the acceptance of Japanese Americans, before, during, and after World War II. The murder of Vincent Chin in Detroit in 1982 is used as a defining moment for Asian Americans, explaining the shared experiences of people perceived as perpetual... | 2019 | Yes |
| Hiroshi Fukurai, Alice Yang | The History of Japanese Racism, Japanese American Redress, and The Dangers Associated with Government Regulation of Hate Speech | 45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) | Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... | 2018 | Yes |
| Sahar F. Aziz | A Muslim Registry: The Precursor to Internment? | 2017 Brigham Young University Law Review 779 (2017) | Being political scapegoats in the indefinite war on terror is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for... | 2017 | Yes |
| Harvey Gee | Journey Towards Justice: The Historical and Legal Legacy of Fred Korematsu and The Japanese American Internment in A Post-9/11 World | 50 Suffolk University Law Review 237 (2017) | In January 2017, President Obama made a final push towards his longstanding national security goal of closing the military base at Guantanamo Bay and transferring its remaining forty-one detainees to U.S. facilities. Obama explained that the push reflects the lessons that we've learned since 9/11, lessons that need to guide our nation going... | 2017 | Yes |
| Eric K. Yamamoto , Maria Amparo Vanaclocha Berti , Jaime Tokioka | Loaded Weapon Revisited: The Trump Era Import of Justice Jackson's Warning in Korematsu | 24 Asian American Law Journal 5 (2017) | Introduction. 5 I. From 9/11 into the Trump Era. 10 A. 9/11. 10 B. Paris, San Bernardino and the Presidential Campaign--Calls for Sweeping Surveillance, Exclusion, and Detention. 14 C. January 2017 Executive Orders--Religion-Targeting Exclusion and Removal. 18 II. Legal Challenges to the World War II Internment. 23 A. The World War II Supreme Court... | 2017 | |
| Eric L. Muller | Of Coercion and Accommodation: Looking at Japanese American Imprisonment Through A Law Office Window | 35 Law and History Review 277 (May, 2017) | The episode of injustice we call the Japanese American internment was fundamentally a creation and deployment of law. It was launched by an executive order, enforced by federal statute, litigated in the federal courts, and terminated as a consequence of a Supreme Court decree. The ample legal historiography on the mass removal and imprisonment of... | 2017 | Yes |
| Debra Ann Ichimura Gass | The Art of War: How Japanese Internment Art Was Saved from Auction and Conserved for Posterity | 24 Asian American Law Journal 49 (2017) | Introduction. 49 I. The Announcement of the Public Online Auction of the Artifacts. 51 II. The Advocacy of Heart Mountain Interpretive Center. 54 A. An Offer That Was Refused, the Rise of Social Media Warfare, and the Devoluton of Negotiations. 55 B. Threatened Litigation: The Draft Complaint. 57 1. The Claims: First Count of Replevin and Second... | 2017 | Yes |
| Yoshinori H. T. Himel | Americans' Misuse of "Internment" | 14 Seattle Journal for Social Justice 797 (Spring, 2016) | In any age, careful users of language will make distinctions; careless users of language will blur them. Many Americans have used the word internment to denote World War II's civil liberties calamity of mass, race-based, nonselective forced removal and incarceration of well over 110,000 Japanese American civilians, most of them American citizens.... | 2016 | Yes |
| Harvey Gee | Habeas Corpus, Civil Liberties, and Indefinite Detention During Wartime: from ex Parte Endo and The Japanese American Internment to The War on Terrorism and Beyond | 47 University of the Pacific Law Review 791 (2016) | I. Introduction. 792 II. The Internment of Japanese Americans and Endo: It was About Race Despite the Government and Supreme Court Insistence that It Was About Military Necessity . 796 A. The Three Internment Cases Leading Up to Endo. 799 B. Endo's Petition for Writ of Habeas Corpus and Justice Douglas' Avoidance of the Constitutional Issues. 801... | 2016 | Yes |
| Paul Finkelman | Coping with A New "Yellow Peril": Japanese Immigration, The Gentlemen's Agreement, and The Coming of World WarII | 117 West Virginia Law Review 1409 (Spring, 2015) | I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... | 2015 | Yes |
| Peter Irons | How Solicitor General Charles Fahy Misled The Supreme Court in The Japanese American Internment Cases: A Reply to Charles Sheehan | 55 American Journal of Legal History 208 (April, 2015) | The judicial process is seriously impaired when the government's law enforcement officers violate their ethical obligations to the court. United States District Judge Marilyn Hall Patel, vacating the conviction of Fred Korematsu In its October 2014 issue, this journal published an article by Charles Sheehan, entitled Solicitor General Charles... | 2015 | Yes |
| Eric K. Yamamoto , Susan K. Serrano | Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation and The British High Court | 18 Asian Pacific American Law Journal 71 (Fall 2012-Spring 2013) | Claims to reparations for historic injustice mark the modern global landscape. Starting in the late 1980s, with the United States' redress for 120,000 wrongly incarcerated American citizens and Japanese ancestry during World War II, reparations advocates advanced claims on behalf of African Americans, Native Americans, Native Hawaiians and... | 2013 | |
| Eric K. Yamamoto | The Evolving Legacy of Japanese American Internment Redress: next Steps We Can (And Should) Take | 11 Seattle Journal for Social Justice 77 (Summer, 2012) | The Fred T. Korematsu Center for Law and Equality's conference on Gordon Hirabayashi's life and contributions to civil liberties is both timely and significant. It is timely because Gordon recently passed on, and he was a man of extraordinary conviction and quiet courage. In challenging the United States government and its mass racial internment,... | 2012 | Yes |
| Robert Aitken, Marilyn Aitken | Japanese American Internment | 37 Litigation 59 (Winter, 2011) | Yesterday, December 7, 1941--a date which will live in infamy--the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan .. I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States... | 2011 | Yes |
| Roger Daniels | The Japanese American Incarceration Revisited: 1941-2010 | 18 Asian American Law Journal 133 (2011) | What follows is largely an oft-told tale, but it is a tale modified by being told in post-9/11 America. What you see depends on where you stand. First it is in order to provide a reminder of what happened to Japanese Americans after the United States was attacked by Japan in December 1941 and her allies, Germany and Italy declared war on the United... | 2011 | Yes |
| Jonathan M. Justl | Disastrously Misunderstood: Judicial Deference in The Japanese-american Cases | 119 Yale Law Journal 270 (November, 2009) | This Note offers a new framework to evaluate judicial deference in cases reviewing government actions during national emergencies. Rejecting the conventional approach assessing deference as a matter of degree or as a condition present or not present, this Note offers a nuanced framework to evaluate deference that considers both degree and form. It... | 2009 | Yes |
| Taunya Lovell Banks | Outsider Citizens: Film Narratives about The Internment of Japanese Americans | 42 Suffolk University Law Review 769 (2009) | Memories, like history, constantly undergo revision . . . . There is an old cliché: the winners write history. Today, one might add that the powerful leave visual records, like films. During World War II, the Office of War Information (OWI) produced several propaganda films about Japanese Americans and the internment that the motion picture... | 2009 | Yes |
| Evelyn Gong | A Judicial "Green Light" for The Expansion of Executive Power: The Violation of Constitutional Rights and The Writ of Habeas Corpus in The Japanese American Internment and The Post-9/11 Detention of Arab and Muslim Americans | 32 Thurgood Marshall Law Review 275 (Spring, 2007) | Those who cannot learn from history are doomed to repeat it. In times of war, national security is a prime concern. However, there is a fine line between the preservation of our country's safety and the infringement of individual liberties so integral to our country's values. A red flag is raised when constitutional rights are violated in the... | 2007 | Yes |
| Major Jason S. Wrachford | Just Americans: How Japanese Americans Won A War at Home and Abroad | 2007-SEP Army Lawyer 42 (September, 2007) | Over sixty-five years have passed since pilots from the Empire of Japan bombed Pearl Harbor, destroying or damaging scores of ships and planes and killing thousands. Yet, the memories and pictures of that terrible morning still reverberate in the minds of many Americans. As President Franklin D. Roosevelt described in his speech to a Joint Session... | 2007 | Yes |
| Rashad Hussain | Preventing The New Internment: A Security-sensitive Standard for Equal Protection Claims in The Post-9/11 Era | 13 Texas Journal on Civil Liberties & Civil Rights 117 (Fall 2007) | I. Introduction. 119 II. Enforcement of Antiterrorism Initiatives in the Post-9/11 Era. 122 A. Detentions Following the September 11 Attacks. 123 1. Policy Implementation. 123 2. Program Results: Impact on Immigrant Communities and Security Benefits. 124 B. The National Security Entry-Exit Registration System (NSEERS). 126 1. Policy Implementation.... | 2007 | Yes |
| Aya Gruber | Raising The Red Flag: The Continued Relevance of The Japanese Internment in The Post-hamdi World | 54 University of Kansas Law Review 307 (January 1, 2006) | Most of what I have learned and internalized about the Japanese internment came from my mother, Mariko Hirata. My mother was just a young girl when her own government imprisoned her. Growing up, I heard all about the cold, the dirt, the embarrassing communal showers, the shame, and the guns. My mother painted a picture of her family's perpetually... | 2006 | Yes |
| Eric L. Muller | The Japanese American Cases - A Bigger Disaster than We Realized | 49 Howard Law Journal 417 (Winter 2006) | Sixty-one years ago, in June of 1945, Yale Law Professor Eugene V. Rostow published the first major academic article on the episode we now refer to as the Japanese American internment of World War II. It was no small accomplishment because when Rostow published the article, the episode had not yet ended. The Pacific War had not yet been won. The... | 2006 | Yes |
| Harvey Gee | Civil Liberties, National Security, and The Japanese American Internment | 45 Santa Clara Law Review 771 (2005) | I don't want any of them (persons of Japanese ancestry) here. They are a dangerous element. There is no way to determine their loyalty. . . . It makes no difference whether he is an American citizen, he is still a Japanese. American citizenship does not necessarily determine loyalty. . . . [W]e must worry about the Japanese all the time until he is... | 2005 | Yes |
| Arvin Lugay | In Defense of Internment: Why Some Americans Are More "Equal" than Others | 12 Asian Law Journal 209 (April, 2005) | At what point do the civil liberties protections of the Constitution cease to matter? The terrorist attacks of September 11, 2001 have sparked a national debate over balancing the pursuit of national security with the protection of civil rights. This debate, however, misses the more pertinent question regarding the state of civil rights today. The... | 2005 | Yes |
| Arvin Lugay | In Defense of Internment: Why Some Americans Are More "Equal" than Others | 12 Asian Law Journal 209 (April, 2005) | At what point do the civil liberties protections of the Constitution cease to matter? The terrorist attacks of September 11, 2001 have sparked a national debate over balancing the pursuit of national security with the protection of civil rights. This debate, however, misses the more pertinent question regarding the state of civil rights today. The... | 2005 | Yes |
| 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 | Yes |
| Ronald L. Mize, Jr. | Reparations for Mexican Braceros? Lessons Learned from Japanese and African American Attempts at Redress | 52 Cleveland State Law Review 273 (2005) | I. Reparation Attempts for Japanese-American Internment and African-American Slavery. 274 A. Japanese Internment. 275 B. African-American Slavery. 277 II. Binational Relations and the U.S.-Mexico Bracero Program. 283 III. The Invisible Workers: Re-Membering the Bracero Program. 287 IV. Reparations Campaigns and Attempts at Bracero Redress. 291 | 2005 | Yes |
| 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 Just. 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 | Yes |
| Ty S. Wahab Twibell | The Road to Internment: Special Registration and Other Human Rights Violations of Arabs and Muslims in The United States | 29 Vermont Law Review 407 (Winter, 2005) | Dust storms. Sweat days. Yellow people, Exiles. I am the mountain that kisses the sky in the dawning. I watched the day when these, your people, came into your heart. Tired. Bewildered. Embittered. I saw you accept their compassion, impassive but visible. Life of a thousand teemed within your bosom. Silently you received and bore them. Daily you... | 2005 | Yes |
| 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 | Yes |
| Eric L. Muller | Betrayal on Trial: Japanese-american "Treason" in World WarII | 82 North Carolina Law Review 1759 (June, 2004) | This Article tells the story of the federal treason trial of three Japanese-American sisters for helping their paramours, two German soldiers, to flee from a Colorado prisoner-of-war camp in October of 1943. At the time, the story seemed to confirm the suspicion of national disloyalty that had forced the sisters and tens of thousands of other... | 2004 | Yes |
| Jerry Kang | Denying Prejudice: Internment, Redress, and Denial | 51 UCLA Law Review 933 (April, 2004) | In the early 1980s, Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi marched back into the federal courts that convicted them during World War II for defying the internment of persons of Japanese descent. Relying on suppressed exculpatory evidence discovered in the national archives, they filed writs of error coram nobis to overturn their... | 2004 | Yes |
| Frank H. Wu | Difficult Decisions During Wartime: A Letter from A Non-alien in An Internment Camp to A Friend Back Home | 54 Case Western Reserve Law Review 1301 (Summer, 2004) | August 20, 1944 Dear Eddie: I never thought I would miss abalone. Growing up in Los Angeles, I always thought that when it was boiled it tasted like tough chicken, and I couldn't stand it as mizugai (raw) even if my father himself had dived for it. We dipped it into shoyu (soy sauce), just like we did the chicken, so it was all pretty much the same... | 2004 | Yes |
| Donald K. Tamaki | Foreword: Sixty Years after The Internment: Civil Rights, Identity Politics, and Racial Profiling | 11 Asian Law Journal 145 (May, 2004) | On December 7, 1941, Japan attacked Pearl Harbor and fear gripped our nation. Within hours, Secret Service and FBI agents swept through Japanese American communities, arresting its leaders. Within weeks, these communities were subjected to race-based curfew orders. Within months, the wholesale rounding up of Americans was in full swing as they were... | 2004 | Yes |
| Dale Minami | Japanese-american Redress | 6 African-American Law and Policy Report 27 (2004) | Sixteen years ago at Wooster College in Ohio, I lectured about Japanese-American redress at a symposium examining African-American redress. I have been aware of the issues and connections between the Japanese-American and the African-American redress movements ever since. My role in Japanese-American redress was primarily as an attorney for Fred... | 2004 | Yes |
| Dale Minami , Karen Narasaki , Heba Nimr , Joannie Chang , Phil Ting | Sixty Years after The Internment: Civil Rights, Identity Politics, and Racial Profiling | 11 Asian Law Journal 151 (May, 2004) | PHIL TING: My name is Phil Ting and I am the Executive Director of the Asian Law Caucus. I am going to be moderating this panel tonight. I am very honored and happy to have everybody here. I want to mention who the sponsors are for tonight. I want to thank the Asian Law Journal and the Berkeley Journal for Employment and Labor Law for helping us... | 2004 | Yes |
| Eric L. Muller | Inference or Impact? Racial Profiling and The Internment's True Legacy | 1 Ohio State Journal of Criminal Law 103 (Fall, 2003) | In the debate about racial and ethnic profiling in the wake of the September 11 terrorist attacks, critics of the administration's policies have frequently argued that the government has made the same fundamental error as the Roosevelt administration made when it forced 110,000 Japanese Americans into camps during World War II. This is a powerful... | 2003 | Yes |
| Nathan Watanabe | Internment, Civil Liberties, and A Nation in Crisis | 13 Southern California Interdisciplinary Law Journal 167 (Fall 2003) | Historically, the United States has possessed a keen awareness of the precarious position civil liberties occupy in the government's pursuit of a nobler end. As inscribed on the Statute of Liberty, Benjamin Franklin notes, They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. In 1928,... | 2003 | Yes |
| Chad W. Bryan | Precedent for Reparations? A Look at Historical Movements for Redress and Where Awarding Reparations for Slavery Might Fit | 54 Alabama Law Review 599 (Winter 2003) | While by no means a new concept, the debate over modern reparations for slavery has taken on a new intensity in recent years, especially among the African American community. Much of this focus has come as a result of the Civil Liberties Act of 1988, congressional legislation awarding reparations for the World War II internment of thousands of... | 2003 | |
| Eric K. Yamamoto | Reclaiming Civil Rights in Uncivil Times | 1 Hastings Race and Poverty Law Journal 11 (Fall, 2003) | I'm from Hawai'i. Third generation Japanese American. At the turn of the last century, my grandparents hoped to better their hard life in Japan and emigrated to work on Hawai'i's sugar plantations. In response to oppressive work and living conditions, my grandfather reportedly helped a fledgling union fight the white plantation owners who... | 2003 | |
| Paul Lyon | The Presidential Internment Power Established by The 1942 Internment of Americans Suspected of Disloyalty | 13 San Joaquin Agricultural Law Review 23 (2003) | At any time that the federal government should decide that the United States is threatened by an incursion which the President can identify with a specific racial or ethnic group, he may legally and constitutionally arrest and indefinitely detain all members of that group in the country, whether or not they are citizens of the United States. The... | 2003 | Yes |
| Lika C. Miyake | Forsaken and Forgotten: The U.s. Internment of Japanese Peruvians During World WarII | 9 Asian Law Journal 163 (May, 2002) | The internment of Japanese Americans during World War II has been well discussed by scholars, but few remember or even know about the internment of Japanese Peruvians in the U.S. This note examines the history of the Japanese Peruvian internment, focusing on the U.S. government's legal justification for the program and the unjust treatment of the... | 2002 | Yes |
| Frank H. Wu | Profiling in The Wake of September 11: The Precedent of The Japanese American Internment | 17-SUM Criminal Justice 52 (Summer, 2002) | The internment of Japanese Americans during World War II is the obvious precedent for the treatment of Arab Americans and Muslim Americans in the aftermath of the September 11, 2001, terrorist attacks. Whether the example should be followed or avoided and what it means generally, however, remains a subject of controversy. The ambivalence is not... | 2002 | Yes |
| Andrew E. Taslitz | Stories of Fourth Amendment Disrespect: from Elian to The Internment | 70 Fordham Law Review 2257 (May, 2002) | In early April 2001, an unarmed black teenager, Timothy Thomas, was shot to death by Cincinnati police officers. The officers were pursuing Thomas on outstanding arrest warrants for two alleged misdemeanors and numerous traffic offenses. The shooting sparked protests in Cincinnati's African-American community, as protesters alleged that the... | 2002 | Yes |
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