Elizabeth A. Rowe ACADEMIC ECONOMIC ESPIONAGE? 65 William and Mary Law Review 1 (October, 2023) In 2018 the U.S. government announced that Chinese espionage was occurring in university research labs, and the Department of Justice subsequently made it a high priority to prosecute economic espionage in academia. The DOJ's grave concerns about espionage in academia have continued, and the Director of the FBI has lamented that American taxpayers... 2023
Stephanie Diu ACCESSIBILITY OR EXPLOITATION?: A MULTIPERSPECTIVE EXAMINATION OF ADA TITLE III SERIAL LITIGATION IN NEW YORK CITY'S CHINATOWN 91 Fordham Law Review Online 109 (2023) At a time when anti-Asian violence continues to shake the United States, a quieter battle is being waged on the streets of New York City's Chinatown. Asian-owned small businesses are being sued relentlessly by plaintiffs with disabilities alleging that these businesses violate accessibility regulations set forth by the Americans with Disabilities... 2023
Eleanor Myers AT HOME BEFORE ANY AUDIENCE: JIM MOLITERNO'S GIFT FOR INTERNATIONAL EDUCATION 80 Washington and Lee Law Review 631 (Winter, 2023) The first time I worked with Jim Moliterno, we were surrounded by small toys and candy, a sobbing Japanese woman in a beautiful kimono, and a stoic Western man in a suit. We were part of a student simulation involving custody of a Japanese-American child whose mother had refused to return her from Japan in violation of a U.S. court order. At the... 2023
Judy Tzu-Chun Wu , Ji Li CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE 30 Asian American Law Journal 51 (2023) On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... 2023
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023
Jingen Wang , Larry A. DiMatteo COMPARATIVE ANALYSIS OF AMERICAN AND CHINESE LETTER OF CREDIT LAW: TO MITIGATE OR NOT TO MITIGATE THAT IS THE QUESTION 22 Journal of International Business and Law 1 (Winter, 2023) Abstract: Under American and Chinese law, the duty of the non-breaching party to mitigate damages is a core principle of general contract law. In the United States, an exception is found in letters of credit law where the beneficiary party has no such duty when an issuing bank (issuer) wrongfully dishonors payment under a letter of credit (LC). The... 2023
William Weingarten DIVINED COMITY: ASSESSING THE VITAMIN C ANTITRUST LITIGATION AND UPDATING THE SECOND CIRCUIT'S PRESCRIPTIVE COMITY FRAMEWORK 29 Fordham Journal of Corporate and Financial Law 281 (2023) In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market,... 2023
Michael Tae Woo DUAL CITIZENSHIP AND MANDATORY MILITARY SERVICE IN THE REPUBLIC OF KOREA 108 Iowa Law Review 2049 (May, 2023) ABSTRACT: The Republic of Korea (South Korea) requires male citizens to perform military service. U.S. citizens who also hold South Korean citizenship--those born in the United States to parents who are citizens of South Korea--are not immune from this requirement. Many dual citizens of the United States and South Korea, however, are not aware of... 2023
Diana Lee, Kristen Smith, Editors-in-Chief, 2022-2023, Volume 30, Asian American Law Journal EDITORS' NOTE 30 Asian American Law Journal 1 (2023) Dear Esteemed Readers, We are delighted to present Volume 30 of the Asian American Law Journal. In the aftermath of the injustice, divisiveness, and bigotry highlighted by the COVID-19 pandemic, questions about identity, community, and the meaning of belonging unified the Asian American community. What does it mean to be Asian, to be American, or... 2023
Rebecca Melnitsky FIGHTING HATE: ADDRESSING A WAVE OF ANTISEMITISM AND ANTI-ASIAN VIOLENCE 95-OCT New York State Bar Journal 16 (September/October, 2023) After former President Donald Trump called COVID-19 the Chinese virus in a tweet on March 16, 2020, tweets with anti-Asian hashtags rose dramatically in the week that followed. In 2022, the Anti-Defamation League reported the highest number of antisemitic incidents in the U.S. since the organization began tracking them more than 40 years ago:... 2023
Veronica A. Stafford HF 452'S UNDUE BURDEN ON NON-CITIZEN ASIAN WOMEN VICTIMS OF SEX TRAFFICKING 26 Journal of Gender, Race and Justice 531 (Spring, 2023) Iowa passed House File (HF) 452 in the spring of 2021. HF 452 increased civil penalties for masseurs and massage parlors that fail to present massage licensure upon request from law enforcement and also expanded the definition of human trafficking to include providing or facilitating fraudulent licensure in Iowa. While the legislature's intent... 2023
Radwa Elsaman HOW DOES CHINESE LAW REGULATE FRANCHISING? 49 Ohio Northern University Law Review 527 (2023) China is the world's second-largest economy, encompassing a large portion of the world's franchise market with 2,600 brands and 200,000 retail stores across nearly eighty industrial sectors. Two of the main franchising sectors in China are retail stores and catering. The number of consumers shopping at franchises has reached 600,000,000 by 2015... 2023
John Townsend Rich MISREMEMBERING KOREMATSU 26 Green Bag 203 (Spring, 2023) Why is it so easy to misremember the holding of Korematsu? In recent years, several respected legal commentators have got it wrong. In a 2017 essay on then-President Donald Trump's travel bans, David Cole remarked in passing that the Court in Korematsu had upheld the internment of people in the United States because of their Japanese ancestry,... 2023
Randolph Fiedler, Esq. , Kyle Morishita, Esq. PORTRAYING ASIAN AMERICANS IN THE LAW 31-JUN Nevada Lawyer 19 (June, 2023) Portraits last longer than the portraitist or the persons portrayed. This is why Mickey Rooney's portrayal of Mr. Yunioshi continues to offend despite its age. (Breakfast at Tiffany's was released in 1961.) It's why, too, Everything Everywhere All at Once is of special importance to Asian Americans today. The stories we tell matter. Both... 2023
Lorraine K. Bannai REFLECTIONS ON THE KOREMATSU, YASUI, AND HIRABAYASHI CORAM NOBIS CASES ON THEIR 40TH ANNIVERSARY 30 Asian American Law Journal 76 (2023) This essay is based on a keynote address given by Professor Lorraine Bannai at the Asian American Law Journal's Spring 2023 Annual Symposium, Let's Get Going: Lessons from the Young Lawyers Who Overturned Korematsu, Hirabayashi, and Yasui, held at the University of California, Berkeley, on January 28, 2023. The symposium commemorated the... 2023
Andrew Kim, Jade Lee, Victoria Quilty STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT & FELLOWS OF HARVARD COLLEGE (NO. 20-1199) 70-WTR Federal Lawyer 49 (Winter, 2023) (1) Whether Grutter v. Bollinger should be overruled and institutions of higher education should be banned from using race as a factor in admissions; and (2) whether Harvard College violated Title VI of the Civil Rights Act by discriminating against Asian American applicants and abandoning race-neutral alternatives. Students for Fair Admissions,... 2023
Xuan-Thao Nguyen TECH SUPREMACY: THE NEW ARMS RACE BETWEEN CHINA AND THE UNITED STATES 49 Journal of Corporation Law 103 (November, 2023) In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in... 2023
Marion Yim , Robert Yen THE ASIAN AMERICAN BAR ASSOCIATION 60-DEC Arizona Attorney 38 (December, 2023) In the 1980s, Asian American lawyers struggled to find a place for themselves in Arizona. The Asian community, mostly Chinese and Japanese, was less than five percent of the population of 2 million. Against that backdrop, Judge Thomas Tang served on the United States Court of Appeals for the Ninth Circuit, and as such, he was the first and... 2023
Ilya Somin THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW 2023 Wisconsin Law Review 575 (2023) The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... 2023
W.K. Hastings THE FIRST FIFTEEN, AN ILLUMINATING LOOK AT A GROUNDBREAKING GENERATION OF ASIAN AMERICAN WOMEN ON THE FEDERAL BENCH 107 Judicature 81 (2023) Susan Oki Mollway THE FIRST FIFTEEN Rutgers University Press, 2021 THIS IS A BOOK WRITTEN WITH GENEROSITY AND BRAVERY. It is generous in the sense that 15 Asian American women have decided to share their stories about how they became Article III judges. As the first 15 Asian American women to do so, they broke new ground. It is brave because... 2023
Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW 41 Law and History Review 1 (February, 2023) This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... 2023
Vinay Harpalani THE NEED FOR AN ASIAN AMERICAN SUPREME COURT JUSTICE 137 Harvard Law Review Forum 23 (November, 2023) In her insightful Comment on Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (hereinafter SFFA cases), Dean Angela Onwuachi-Willig critiques Chief Justice Roberts's majority opinion for its simplistic understanding of race and racism. She... 2023
Ryan W. Mainous THE SEC'S VIE PROBLEM: WHY THE AGENCY'S APPROACH CONTRADICTS ITS RHETORIC 2022 Columbia Business Law Review 1066 (2023) In July 2021, the SEC temporarily banned securities issuances by Chinese companies listing in the United States with a stated rationale of protecting average investors from the complicated and opaque corporate structure known as a variable interest entity (VIE), often employed by Chinese operating companies listed in the United States. The... 2023
Keith D. Yamauchi WITHOUT DUE PROCESS: THE EAGLE AND THE BEAVER THE PAST, THE PRESENT 30 Asian American Law Journal 3 (2023) This Article considers the racism that persons of East Asian ancestry faced when they arrived in North America. The racism was systemic. It was legislated, and courts frequently upheld the legislation. This discrimination led to the evacuation and internment of Canadians and Americans of Japanese ancestry during World War II. Was this the... 2023
The Honorable Denny Chin , Kathy Hirata Chin "KUNG FLU": A HISTORY OF HOSTILITY AND VIOLENCE AGAINST ASIAN AMERICANS 90 Fordham Law Review 1889 (April, 2022) Introduction. 1890 I. Background. 1892 II. Historic Hostility and Violence. 1896 A. Mob Violence. 1896 1. Los Angeles Massacre of 1871. 1897 2. Rock Springs Massacre of 1885. 1901 3. Hells Canyon Massacre of 1887. 1904 4. Watsonville Riots of 1930. 1905 B. Expulsions. 1907 1. Eureka, California--1885. 1908 2. Seattle, Washington Territory--1886.... 2022
Craig Freedman , Luke Nottage "REVISITING RAMSEYER: THE CHICAGO SCHOOL OF LAW AND ECONOMICS COMES TO JAPAN" 39 Arizona Journal of International and Comparative Law 225 (2022) C1-2Table of Contents I. Introduction. 227 II. Chicago's Economics, Plus Law, Equals Tradition. 235 A. Standing Economics on its Head: Markets Work, Even When They Don't Seem to. 241 B. Skepticism as an Analytical Approach. 245 C. Cold War Blues - The Ideological Context of the Chicago Approach. 252 III. PROVING THE NON-EXISTENCE OF JAPAN -... 2022
Yuka Fukunaga A Book Review on Pasha L. Hsieh, "New Asian Regionalism in International Economic Law" (Cambridge University Press, 2021) 17 Asian Journal of WTO & International Health Law & Policy 279 (March, 2022) Pasha L. Hsieh's book sees the entry into force of the Regional Comprehensive Economic Partnership Agreement (hereinafter RCEP) as well as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter CPTPP) as evidence of the emergence of new Asian regionalism. He argues that the new Asian regionalism has emerged... 2022
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022
Caitlin Ramiro AFTER ATLANTA: REVISITING THE LEGAL SYSTEM'S DEADLY STEREOTYPES OF ASIAN AMERICAN WOMEN 29 Asian American Law Journal 90 (2022) Introduction. 91 I. Stereotypes of Asian American women. 93 A. General Stereotypes of All Asians: The Model Minority and Yellow Peril. 93 B. Sexualized Stereotypes of Asian American Women. 94 1. Lotus Blossom. 95 2. Dragon Lady. 96 a. Popular Cultural Depictions of Dragon Ladies. 96 b. 22 Lewd Chinese Women/Chy Lung v. Freeman. 97 c. Tokyo Rose and... 2022
Haijing Wang, Mingqing You ANNUAL REVIEW OF CHINESE ENVIRONMENTAL LAW DEVELOPMENTS: 2021 52 Environmental Law Reporter (ELI) 10468 (June, 2022) In China, the year 2021 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This included revision of the Law on the Prevention and Control of Noise Pollution and adoption of the Wetland Protection Law, the Regulations on Administration of Pollutant Discharge Permits, Measures for... 2022
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