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
Peter Nien-chu Kiang Exploring Boston's Nisei Sources and Contributions to the Japanese American Redress Movement 27 Asian American Law Journal 53 (2020) Editorial Note: Cited Attachments can be found at the article link on the Asian American Law Journal website ( Introduction. 53 I. Archival Sources in Asian American Studies. 54 II. Overview of Nisei History in Boston. 55 III. Local Nisei Leadership Legacies. 58 IV. Boston's Contributions to the... 2020
Stephanie Cho , Phi Nguyen , Nathalie Levine , Yuri Lee Strengthening the Asian American Electorate 45 Human Rights 13 (2020) On November 6, 2018, DeKalb County residents Mr. and Mrs. Kim* went to vote in the Georgia gubernatorial election (*names have been changed to protect privacy). The Kims were accompanied by a Korean-speaking interpreter from our organization, Asian Americans Advancing Justice-Atlanta, who would help them read the ballots they intended to cast.... 2020
Robert J. Rhee The Political Economy of Corporate Law and Governance: American and Korean Rules under Different Endogenous Conditions and Forms of Capitalism 55 Wake Forest Law Review 649 (Fall, 2020) Advanced economies operate under different forms of capitalism and social order. Corporate law is fixed only insofar as a country's political economy and social organization are static. This article explains why an advanced economy may choose inefficient rules. Korean rules are the product of past industrial development policies and current... 2020
Edward J.W. Park The Political Formation of Korean Americans, 1992-2019: from Ethnic Politics to Managing Transnational Lives - an Interview with Professor Edward Park 27 Asian American Law Journal 19 (2020) Editorial Disclaimer: The interview transcript below is based upon, but does not exactly reflect, an interview of the author. All editorial changes have been reviewed and approved by the author. Introduction. 19 Interview Transcript. 22 Personal History. 22 The Demographics of Los Angeles. 23 Korean Americans, African Americans, and Latinos. 24... 2020
Frank H. Wu Asian Americans and Affirmative Action--again 26 Asian American Law Journal 46 (2019) Asian Americans at last have been introduced to the civil rights movement, but in the awkward role of potential spoilers apparently opposed to the interests of African Americans and other people of color. Asian Americans now are the plaintiffs in the ongoing attacks on affirmative action and diversity more generally, in lieu of whites depicted as... 2019
OiYan A. Poon , Liliana M. Garces , Janelle Wong , Megan Segoshi , David Silver , Sarah Harrington Confronting Misinformation Through Social Science Research: Sffa V. Harvard 26 Asian American Law Journal 4 (2019) In the ongoing case of Students for Fair Admissions v. Harvard, Edward Blum is attempting once again to use Students for Fair Admissions (SFFA), his anti-affirmative action organization, to further limit the use of race as one factor in holistic admissions processes. But this time, Blum purports to be acting on behalf of a group of anonymous Asian... 2019
Ana Duong, Eun Sun Jang, Co-Editor-in-Chief and Managing Editor, 2018-2019, Volume 26, Asian American Law Journal Editors' Note 26 Asian American Law Journal 1 (2019) We are publishing at a time that has been exciting for the Asian Pacific Islander (API) community in many ways. From the box office success of Crazy Rich Asians to the unprecedented influx of women and people of color in Congress, there has been greater representation of API voices, talents, and stories. It has been incredibly surreal to see more... 2019
Russell W. Jacobs Ethnicity and the Recognition of Asian Surnames Through Trademark Filings 30 Fordham Intellectual Property, Media and Entertainment Law Journal 17 (Fall, 2019) This Article presents the results of a study using U.S. Patent and Trademark Office (USPTO) trademark application records to determine the rates of recognition of surnames held by people belonging to six Asian ethnic groups-- Chinese, Filipino, Indian, Japanese, Korean, and Vietnamese. This study follows upon an earlier study that examined a... 2019
Lauren M. Vera, Marcus T. Boccaccini, Kelsey Laxton, Claire Bryson, Charlotte Pennington, Brittany Ridge, Daniel C. Murrie, Sam Houston State University, University of Virginia How Does Evaluator Empathy Impact a Forensic Interview? 43 Law and Human Behavior 56 (February, 2019) We used an experimental design to test the key concern that expressive empathy from evaluators during forensic interviews leads to more disclosure of misbehavior (e.g., stealing, breaking the law, manipulating others) from evaluees. In the context of a psychopathy assessment interview, evaluees (N = 94, 100% male, 57.4% Caucasian) interviewed by an... 2019
Cynthia Chiu Justice or Just Us?: Sffa V. Harvard and Asian Americans in Affirmative Action 92 Southern California Law Review 441 (January, 2019) C1-2TABLE OF CONTENTS INTRODUCTION. 442 I. THE CURRENT AFFIRMATIVE ACTION STANDARD. 446 II. THE ROLE OF ASIAN AMERICANS IN AFFIRMATIVE ACTION. 451 A. History of Asian Americans and Affirmative Action. 452 B. A History of Discrimination Against Asian Americans. 453 C. The Racial Bourgeoisie. 457 III. STUDENTS FOR FAIR ADMISSIONS V. HARVARD. 460 A.... 2019
Eric K. Yamamoto, Rachel Oyama Masquerading Behind a Facade of National Security 128 Yale Law Journal Forum 688 (January 30, 2019) abstract. In 1944, the Supreme Court in Korematsu v. United States upheld President Roosevelt's executive order initiating the mass removal and incarceration of 120,000 Japanese Americans on falsified claims of group disloyalty. In the ensuing decades, some courts and scholars have cited Korematsu as precedent for extreme judicial deference when... 2019
Harvey Gee Redux: Arguing about Asian Americans and Affirmative Action at Harvard after Fisher 26 Asian American Law Journal 20 (2019) Introduction. 20 I. The Students for Fair Admission Against Harvard College Lawsuit. 24 II. Repeating Tired Old Arguments. 29 III. Destination: Supreme Court?. 38 IV. Beyond Harvard: Race, Admissions, and the Lack of Student Diversity. 40 Conclusion. 44 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
Jonathan P. Feingold Sffa V. Harvard: How Affirmative Action Myths Mask White Bonus 107 California Law Review 707 (April, 2019) In the ongoing litigation of Students for Fair Admissions v. Harvard College, Harvard faces allegations that its once-heralded admissions process discriminates against Asian Americans. Public discourse has revealed a dominant narrative: affirmative action is viewed as the presumptive cause of Harvard's alleged Asian penalty. Yet this narrative... 2019
Seth Johnson Students for Fair Admissions V. Harvard: Admissions Administrators Threaten the Future of Affirmative Action in the United States 24 Public Interest Law Reporter 151 (Spring, 2019) According to the U.S Census Bureau's 2016 estimates, about 18,249,000, or 5.6%, of the 323,400,000 people living in the United States identify exclusively as Asian. Another 1,797,000 Americans identify as having partial Asian ancestry. In 2016, Asian-Americans comprised 16% of students enrolled at American four-year universities during the fall... 2019
Claire Sweetman Students for Fair Admissions V. Harvard: the Fate of Affirmative Action in Higher Education 97 Denver Law Review Forum 100 (July 4, 2019) In November 2018, the grueling three week-long trial over whether the Harvard undergraduate admissions program discriminates against Asian-Americans came to a close. The outcome now lies in the hands of Judge Allison Burroughs of the District Court for the District of Massachusetts, who presided over the bench trial and is scheduled to issue her... 2019
Cory R. Liu Affirmative Action's Badge of Inferiority on Asian Americans 22 Texas Review of Law and Politics 317 (Spring, 2018) Introduction. 318 I. A History of Discrimination Against Asians. 319 A. Yellow Peril and Anti-Asian Legislation. 321 B. Exclusion from Immigration and Naturalization. 322 C. Japanese Internment. 324 II. Persistent Stereotypes about Asians. 325 III. Affirmative Action's Badge of Inferiority. 330 A. Evidence of Racial Disparities in Admissions... 2018
  Brief of Karen Korematsu, Jay Hirabayashi, Holly Yasui, the Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color as Amici Curiae in Support of Respondents 68 Case Western Reserve Law Review 1237 (Summer, 2018) Karen Korematsu, Jay Hirabayashi, and Holly Yasui--the children of Fred Korematsu, Gordon Hirabayashi, and Minoru Yasui--come forward as amici curiae because they see the disturbing relevance of this Court's decisions in their fathers' infamous cases challenging the mass removal and incarceration of Japanese Americans during World War II to the... 2018
Giselle Guro Extending the Barriers of Family: How the Concept of "Nuclear Family" Affects Asian-americans in Poverty 52 University of San Francisco Law Review 429 (2018) THE UNITED STATES HAS historically reinforced and promulgated the ideal of the nuclear family. This household ideal has resulted in a lack of awareness of the plight of Asian-American families living in poverty. Specifically, the government's inability to recognize multi-generational households has led to inadequate educational programs, welfare... 2018
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