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
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022
Peter C.H. Chan ARE CHINESE COURTS PRO-LABOR OR PRO-EMPLOYER? 43 University of Pennsylvania Journal of International Law 281 (Winter, 2022) As a socialist nation with laws promoted as pro-labor, the official representation is that China's legal system (in particular its courts) gives special protection to employees. China's labor statutes (in particular, the Labor Contract Law) favor employees. The debate on whether Chinese courts are pro-labor or pro-employer has been going on... 2022
Daniel Lo ASIAN AMERICAN OLDER ADULTS IN THE US: ON A SENSE OF BELONGING AND CARE 43 Bifocal 117 (May-June, 2022) Asian Americans (AA) are the fastest-growing population in the US according to Pew Research Center. Asian Americans are often perceived as the model minority, a term that describes the academic and economic success of Asian Americans compared to other minority groups. Despite its positive overtone, the term is not without controversies. It not... 2022
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022
Khaled A. Beydoun ASIAN AND MUSLIM AMERICANS INTERSECTIONS, SOLIDARITY AND STRIVING AHEAD 19 Hastings Race and Poverty Law Journal 153 (Summer, 2022) Khaled Beydoun, an Associate Professor of Law and Associate Director of Civil Rights and Social Justice, gave a speech at the Center for Racial and Economic Justice Conference titled, Asian and Muslim Americans Intersections, Solidarity and Striving Ahead. Following the conference, he conducted a Q&A interview with HRPLJ's Executive Editor of... 2022
J. Bolton Smith ASSESSING ASPIRATIONS: FACTORS INFLUENCING MODERN EFFECTS OF STATE ASPIRATIONAL CLAUSES IN THE GERMAN AND JAPANESE CONSTITUTIONS 62 Virginia Journal of International Law 623 (Spring, 2022) Constitutions sometimes feature clauses listing abstract national goals with little or vague direction on how the nation should achieve these aims. These so-called aspirational clauses present an interesting situation where a text is adopted by drafters, but the specific implementation is left to future generations. This Note will explore how... 2022
Mari Cheney , Mandy Lee , Anna Lawless-Collins BOLSTERING THE ASIAN AMERICAN LAW LIBRARY COLLECTION: A COLLECTION DEVELOPMENT GUIDE 114 Law Library Journal 285 (2022) An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American--related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on... 2022
Lihong Zhang , East China University of Political Science and Law, Shanghai, People's Republic of China, e-mail: CHINESE REPORT 102 IUS Gentium 241 (2022) ALTCPSCH 2003 Supreme Court's Judicial Interpretations on the Application of Law in the Trials on Contract of Purchase and Sale of Commercial Houses CAML 2007 Anti-Monopoly Law CCC 2020 Draft of Chinese Civil Code CCPL 1991 Chinese Civil Procedure Law CECL 2008 E-Commerce Law ESL 2004 Electronic Signature Law GPCL 1986 General Principles of Civil... 2022
Mark L. Shope, Wen-Chen Chang CIVIL SOCIETY AND REGIONAL HUMAN RIGHTS DEVELOPMENT IN ASIA: LESSONS FROM THE ASIAN HUMAN RIGHTS COURT SIMULATION 29 Indiana Journal of Global Legal Studies 59 (Winter, 2022) In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its Court) took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and... 2022
  CRIMINAL LAW--FOREIGN SOVEREIGN IMMUNITIES ACT-- NINTH CIRCUIT HOLDS THAT CERTAIN CHINESE STATE-OWNED COMPANIES ARE NOT FOREIGN "INSTRUMENTALITIES" AND THUS LACK IMMUNITY UNDER THE FSIA FROM CRIMINAL PROSECUTION.--UNITED STATES v. PANGANG GROUP CO., 6 F.4 135 Harvard Law Review 1680 (April, 2022) The United States increasingly advances important foreign policy goals by prosecuting legal entities controlled by foreign governments. But these defendants have begun to delay proceedings for years by arguing that they are immune from criminal prosecution based on the Foreign Sovereign Immunities Act of 1976 (FSIA). The FSIA primarily aims to... 2022
Zhiyuan Guo CROSS-EXAMINATION OF WITNESSES IN CHINESE CRIMINAL COURTS: THEORETICAL DEBATES, PRACTICAL BARRIERS, AND POTENTIAL SOLUTIONS 55 Vanderbilt Journal of Transnational Law 325 (March, 2022) Questioning witnesses is essential for both fact-finding and ensuring the defendant's right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of Criminal Procedure Law by China's Supreme Court as a background for discussion of this Article. In Part II, the author sets the stage... 2022
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022
Vice President Kamala Harris DEDICATION CENTER ON ASIAN AMERICANS AND THE LAW 90 Fordham Law Review 1887 (April, 2022) Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans--not as the other, not as them, but as us. From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn... 2022
Carl A. Trocki, Independent Scholar, DIANA S. KIM, EMPIRES OF VICE: THE RISE OF OPIUM PROHIBITION ACROSS SOUTHEAST ASIA. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 336. $35.00 HARDCOVER (ISBN 9780691172408). DOI:10.1017/S0738248022000116 40 Law and History Review 182 (February, 2022) I wrote about the creation of an empire financed by a drug trade (Opium and Empire: Chinese Society in Colonial Singapore 1800-1910, Cornell University Press, 1990). Diana Kim tells how the drug trade that financed that empire was dismantled. My studies focused on the system of opium revenue farming, whereby colonial governments permitted private... 2022
Shoba Sivaprasad Wadhia DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA 29 Asian American Law Journal 49 (2022) This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... 2022
L. Leona Frank DISCRIMINATION 2.0: BIAS AGAINST ASIAN AMERICANS INCREASING 66-AUG Res Gestae 18 (July/August, 2022) Asian-Americans are a marginalized population that are experiencing racism and xenophobia at increasingly alarming rates. Asian Americans are predominantly an immigrant group, with 59 percent being foreign-born, according to Pew Research Center. That rises to 73 percent when looking at adults. The racial breakdown of the United States in 2020 was... 2022
Ji Li , Carrie Menkel-Meadow DISPUTE PROCESS CHOICES AMONG CHINESE COMPANIES IN THE UNITED STATES: SOME PRELIMINARY DATA AND ANALYSES 27 Harvard Negotiation Law Review 295 (Spring, 2022) This Article reports the first ever empirical study of how Chinese-owned businesses in the United States utilize contract clauses to choose dispute processes. As a large and recent source for foreign direct investment in the United States, China presents an interesting case study of whether foreign owned businesses replicate American dispute... 2022
Gabriel J. Chin DRED SCOTT AND ASIAN AMERICANS 24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... 2022
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022
Yang Chen ENFORCEABILITY OF ANTI-REVERSE ENGINEERING CLAUSES IN SOFTWARE LICENSING AGREEMENTS: THE CHINESE POSITION AND LESSONS FROM THE UNITED STATES AND EUROPEAN UNION'S LAWS 43 University of Pennsylvania Journal of International Law 783 (Spring, 2022) Current laws related to intellectual property (IP) protection, especially those meant for protecting copyrights and trade secrets, afford certain strong protections for software programs. However, all IP laws have their limits set by legislators purposefully, to maintain a sound balance between private monopoly rights and public interest. To deal... 2022
Felix B. Chang ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES 97 Indiana Law Journal 479 (Winter, 2022) Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... 2022
Janet H. Vo FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE 66 Boston Bar Journal 23 (2022) More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... 2022
Songman Kang , Duol Kim FOCUS vs. SPREAD: POLICE BOX CONSOLIDATION AND ITS IMPACT ON CRIME IN KOREA 70 International Review of Law & Economics Econ. 1 (June, 2022) Article history: Received 14 September 2020 Received in revised form 10 December 2021 Accepted 24 February 2022 Available online 17 March 2022 JEL classification: H76 K42 R53 Keywords: Crime Police Police organization Police resource allocation South Korea A 2003 police organization reform in South Korea led to the consolidation of many local... 2022
Pasha L. Hsieh Foreword to the Special Issue on "Building a Sustainable Future: New Asian Regionalism in International Economic Law" 17 Asian Journal of WTO & International Health Law & Policy Pol'y 1 (March, 2022) We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative... 2022
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