AuthorTitleCitationSummaryYear
Robert S. Chang Asian Americans and the Road to the White House: Musings on Being Invisible 16 Asian American Law Journal 205 (2009) In October 1993, the Asian Law Journal published its inaugural issue, featuring its first article entitled Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space. 81 Calif. L. Rev. 1241 (1993); 1 Asian L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law... 2009
Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009
Frank H. Wu Burning Shoes and the Spirit World: the Charade of Neutrality 44 Harvard Civil Rights-Civil Liberties Law Review 313 (Summer 2009) Our contemporary discussions of discrimination are distorted by the common tendency to frame claims of inequality as attempts at special pleading rather than as demands for equal treatment. This Article uses a case study, the criminal prosecution of a student of Chinese origin at a leading American university, and an allusion to the Jena Six... 2009
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
  Editor's Note 16 Asian American Law Journal 1 (2009) During the 2008-2009 academic year, the Asian American Law Journal celebrated the anniversaries of critical moments in Asian American Jurisprudence. Two-thousand nine marked 25 years since the landmark Korematsu II decision, when the United States District Court acknowledged the grievous error the Supreme Court committed, not only against Fred... 2009
Keith Aoki , Robert S. Chang Half-full, Half-empty? Asian American Electoral "Presence" in 2008 86 Denver University Law Review 565 (2009) We stand past the cusp of a historic election. For the first time, a person of color has been elected to the highest office of a majority-white nation. For the first time in United States history, an African American has been elected President. As we look back upon the events that led to this result, it gives us an opportunity to examine the... 2009
Michael Liu, Shauna Lo, Paul Watanabe Interest and Action: Findings from a Boston-area Survey of Chinese and Vietnamese American Attitudes on Immigrants, Immigration, and Activism 16 Asian American Law Journal 173 (2009) Questions involving immigration policies and the impact, role, and treatment of immigrants are high on the United States' policy agenda. These are perennial issues which continuously generate contentious debate. In recent years, many immigrants have become increasingly fervent in demanding justice and recognition of their contributions. For... 2009
Marilyn Hall Patel, Karen Korematsu, Dale Minami Justice Restored: the Legacy of Korematsu Ii and the Future of Civil Liberties 16 Asian American Law Journal 215 (2009) Virtually everyone in the legal community has a cursory knowledge of Fred Korematsu and the infamous case that bears his name. During World War II, President Roosevelt issued Executive Order 9066, which facilitated the forced relocation and internment of 120,000 Japanese Americans from the West Coast. But Fred Korematsu, a young Japanese American... 2009
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
Trina Jones Race, Economic Class, and Employment Opportunity 72 Law and Contemporary Problems 57 (Fall 2009) Of the 146,047,000 civilians in the U.S. labor force in 2007, approximately 82% identified themselves as White, 11% as Black or African American, 14% as of Hispanic or Latino/a ethnicity, and 5% as Asian. That year, the median household income for all racial groups was $50,233. With a poverty threshold of $21,027 for a family of four, the median... 2009
Eric K. Yamamoto , Ashley Kaiao Obrey Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives 16 Asian American Law Journal 5 (2009) One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... 2009
Harvey Gee Review Essay: Asian Americans, Critical Race Theory, and the End of the Model Minority Myth 19 Temple Political & Civil Rights Law Review 149 (Fall 2009) The Myth of the Model Minority: Asian Americans Facing Racism by Rosalind S. Chou & Joe R. Feagin, Paradigm Publishers, Pp. 251 (2008) Race Law Stories, Foundation Press, Pp. 608 (eds. Rachel F. Moran & Devon W. Carbado 2008) Race issues are rarely spoken about in everyday conversation. In a speech to Justice Department employees marking Black... 2009
Sahar F. Aziz Sticks and Stones, the Words That Hurt: Entrenched Stereotypes Eight Years after 9/11 13 New York City Law Review 33 (Winter 2009) In the realm of adults, name-calling is often a fact of life that one simply brushes off like water rolls off a duck's back. At some point, however, racial slurs and ethnic epithets hurled at employees constitute actionable discrimination rooted in palpable and entrenched stereotypes. In the case of Muslims, Arabs, and South Asians, the September... 2009
Nancy Wang Yuen The Asian American Vote: the Role of Race in News Media Coverage of the 2008 Democratic Primaries 24 Saint John's Journal of Legal Commentary 421 (Fall 2009) The topic of race dominated the media coverage of the 2008 elections, beginning with the Democratic primaries. The black, white, Latino, and Asian votes were common demographic breakdowns used to gauge candidate support for Barack Obama vs. Hillary Clinton. Though receiving less media coverage than blacks and Latinos due to their... 2009
Dartanyon Burrows The Debate over the Current Reparations Movement 2 the crit: a Critical Studies Journal 99 (Spring, 2009) One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... 2009
Patrick Lacsina The Emerging Role of the "Silent" Minority in Politics: Empowerment of Asian Americans in the Electorate and Candidate Selection 11 Rutgers Race & the Law Review 119 (2009) In the past two decades, Asian Americans have become the fastest growing minority in the United States. From 1980 to 1990, Asian Americans experienced a meteoric 96.13% population surge, followed by a still blistering 63.24% increase in the following decade. These figures are staggering when compared to the overall United States population growth... 2009
Major Jennifer A. Neuhauser The Tokyo War Crimes Trial: the Pursuit of Justice in the Wake of World War Ii 202 Military Law Review 291 (Winter 2009) Before there were Rwanda and Yugoslavia, there was Tokyo. Often derided by contemporary Japanese and American Scholars as the product of vengeance and racism, Japanese nationalists continue to use the Tokyo War Crimes Trial as a tool for a present-tense political agenda far removed from the late 1940s. Yuma Totani's book scrutinizes primary... 2009
Devon W. Carbado Yellow by Law 97 California Law Review 633 (June, 2009) Over the past decade, scholars have paid increasing attention to Japanese American constitutional history. For the most part, this literature focuses on the United States government's decision during World War II to intern people of Japanese ancestry. This body of work literature is designed to demonstrate the extent to which, and precisely how,... 2009
Cynthia Der A Chinese American Seat at the Table: Examining Race in the San Francisco Unified School District 42 University of San Francisco Law Review 1077 (Spring 2008) RACE HAS ALWAYS BEEN a complicated issue in the K-12 education policy arena. While administrators and policy makers debate topics such as standardized testing, budgets and funding, curriculum development, and achievement gaps, issues concerning race are often forgotten. When race was discussed in the past, much of the discussion focused on the... 2008
Khin Mai Aung , Christina Mei-Yue Wong Advancing Diverse Learning for Asian Pacific Islanders 15 Asian American Law Journal 205 (May, 2008) After a sharply divided United States Supreme Court decided two voluntary school integration cases originating from Seattle, Washington and Louisville, Kentucky on June 28, 2007, the Asian American Legal Defense and Education Fund (AALDEF) and Chinese for Affirmative Action (CAA) --the nonprofit civil rights advocacy groups where the co-authors... 2008
Adrian Liu Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans 13 Michigan Journal of Race and Law 391 (Spring 2008) In October 2006, Asian American student Jian Li filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with... 2008
Carlos Hiraldo Arroz Frito with Salsa: Asian Latinos and the Future of the United States 15 Asian American Law Journal 47 (May, 2008) Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... 2008
Joseph Sant Asian Americans and Seattle's Open Housing Movement 1 Georgetown Journal of Law & Modern Critical Race Perspectives 167 (2008) The civil rights struggle for fair housing legislation at the national level was accompanied by calls at the state and local levels throughout the country to enact ordinances banning discrimination in housing. In Seattle, the effort to formally ban discrimination in housing spanned a decade, beginning with the ill-fated 1957 state fair housing law... 2008
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300 2008
Shirley Tang Challenges of Policy and Practice in Under-resourced Asian American Communities: Analyzing Public Education, Health, and Development Issues with Cambodian American Women 15 Asian American Law Journal 153 (May, 2008) According to the U.S. Census Bureau's most recent American Community Survey (ACS), the growth of the Asian American population has outpaced that of all other racial groups in Massachusetts. From 2000 to 2005, the Asian American population increased by 23%; meanwhile, the Latino and Black populations grew by 14.5% and 6% respectively, and the... 2008
  Editors' Note 15 Asian American Law Journal 1 (May, 2008) Asian American Law Journal is, first and foremost, a journal that fosters and publishes scholarship on Asian American jurisprudence. However, it is also a community of socially conscious law students, whose goals are to educate the public and promote justice in our world. With those objectives in mind, this year we organized numerous events that... 2008
Christine J. Hung For Those Who Had No Voice: the Multifaceted Fight for Redress by and for the "Comfort Women" 15 Asian American Law Journal 177 (May, 2008) These days I hum a song, Katusa, putting my own words to the tune: I am so miserable; return my youth to me; apologize . . . . You dragged us off against our own will. You trod on us. Apologize . . . --Lee Yong-soo, former Korean comfort woman, testifying in the U.S. House of Representatives in February 2007 For the Asian women who were... 2008
Zenobia Lai , Andrew Leong From the Community Lawyers' Lens: the Case of the "Quincy 4" and Challenges to Securing Civil Rights for Asian Americans 15 Asian American Law Journal 73 (May, 2008) We dedicate this article to the six Asian Americans who placed their liberty and good names on the line to speak out against police brutality and to test the promise of equal justice for all. We make a special dedication to Karen Chen, whose tenacity, generosity and leadership throughout this case awakened others to recognize that civil rights are... 2008
Maya Yamazaki , Kameisha Jerae Hodge Reaction 1 Georgetown Journal of Law & Modern Critical Race Perspectives 185 (2008) Too often, racial discourse focuses on black and white (or more importantly, black versus white), while ignoring the role of Asian Americans and other minorities within the social matrix of racial identity. Joseph Sant's article clearly articulates the role of Asian Americans within the open housing movement and provides broader insight into the... 2008
Timothy Webster Reconstituting Japanese Law: International Norms and Domestic Litigation 30 Michigan Journal of International Law 211 (Fall 2008) I. Japan and the World. 213 II. Racial Discrimination in Japan. 216 A. Thesis: Impermissible Discrimination. 216 1. Bortz v. Suzuki. 218 2. Arudou v. Yunohana Bathhouse. 220 3. Murthy v. Nikken Jûhan. 222 4. Plaintiff v. Tokyo Bar. 224 5. McGowan v. Narita. 226 B. Antithesis: Permissible Discrimination. 228 1. Swinging Both Ways: The Golf Club... 2008
William Y. Chin School Violence and Race: the Problem of Peer Racial Harassment Against Asian Pacific American Students in Schools 10 Scholar: St. Mary's Law Review on Minority Issues 333 (Spring 2008) I. Introduction. 335 II. Peer Racial Harassment Against APA Students Is A Evasive and Serious Problem. 336 A. Racial Harassment of APA Students at Lafayette High School. 336 B. Racial Harassment of APA Students at Skyline High School. 339 C. Racial Harassment of APA Students at Other Schools. 340 D. Research Data Revealing Enduring and Pervasive... 2008
Sharon S. Lee The De-minoritization of Asian Americans: a Historical Examination of the Representations of Asian Americans in Affirmative Action Admissions Policies at the University of California 15 Asian American Law Journal 129 (May, 2008) In today's higher education admissions policies, Asian Americans have ceased to be minorities because they are no longer underrepresented. In affirmative action policy debates, the statistical representation of racially defined groups, such as Asian Americans, in social institutions has served as a proxy for discrimination. Indeed, the... 2008
Sunny Woan White Sexual Imperialism: a Theory of Asian Feminist Jurisprudence 14 Washington and Lee Journal of Civil Rights and Social Justice 275 (Spring, 2008) This Article studies the intersection of race and gender, examining it through the lens of Western imperialism. Even though both critical race and feminist scholarship have addressed this intersection, few if any offer a precise theory for understanding the imperialized experience. This Article seeks to fill that void. The social inequality... 2008
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
Nancy Chung Allred Asian Americans and Affirmative Action: from Yellow Peril to Model Minority and Back Again 14 Asian American Law Journal 57 (May, 2007) In a fog-smothered corner of San Francisco sits an aged building known as Lowell High School. It appears to be a typical high school filled with rowdy teenagers; however, to thousands of immigrant families, this building represents a ticket to an elite university and the fast lane to the American dream. Lowell, the oldest public high school west of... 2007
Mathias Moschel Color Blindness or Total Blindness? The Absence of Critical Race Theory in Europe 9 Rutgers Race & the Law Review 57 (2007) Critical Race Theory (hereinafter CRT), an offspring of Critical Legal Studies (hereinafter CLS), is one of the most successful and controversial United States' legal theories developed over the past 10 years and has in turn branched out into different equally creative fields, from LatCrit to AsianCrit to Queer Theory. In spite of offering a... 2007
James McDonald Democratic Failure and Emergencies: Myth or Reality? 93 Virginia Law Review 1785 (November, 2007) Introduction. 1786 I. The Democratic Failure Theory and Emergencies. 1792 A. Theoretical Underpinnings: The Current Debate. 1792 B. Theoretical Underpinnings: The Revisionist Claim. 1794 II. World War II, the Japanese Internment, and Democratic Failure: A Case Study. 1796 A. A Historical Prejudice: Anti-Japanese and Anti-Asian Sentiment in the... 2007
Xiaofeng Stephanie Da Education and Labor Relations: Asian Americans and Blacks as Pawns in the Furtherance of White Hegemony 13 Michigan Journal of Race and Law 309 (Fall 2007) Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding Whiteness as the filler in the middle as Whites manipulate the... 2007
Kevin Shawn Hsu Empowerment, Discrimination, and the Facade of Leadership: Asian American Political Elites' Failed Assimilationist Strategy 14 Asian American Law Journal 85 (May, 2007) On November 8, 2006, the day after the midterm Congressional elections, the 2008 presidential campaign season officially began. The media began to tell and will continue to retell predetermined stories regarding the role of Black Americans as core to the Democratic Party, the rising political power of Latino voters, or the importance of certain... 2007
Canon Pence Japanese Only: Xenophobic Exclusion in Japan's Private Sphere 20 New York International Law Review 101 (Summer, 2007) On Sunday, September 19, 1999, a diverse group of families entered the popular giant onsen (privately run communal bathhouse resort) Yunohana in Hokkaido, the cold northernmost island of Japan. A sign at the front door clearly read Japanese Only in English, Japanese, and Cyrillic. Inside, the ticketing attendant immediately refused entry to the... 2007
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
Raquel J. Gabriel Minority Groups and Intimate Partner Violence: a Selected Annotated Bibliography 19 Saint Thomas Law Review 451 (Spring 2007) ABSTRACT: This bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as minority groups. Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to... 2007
Jeeho Lee One Step Closer: Understanding the past and Potential Work and Influence of Asian American Interest Groups in Claiming a Space for Asian Americans in America's Democracy 14 Asian American Law Journal 123 (May, 2007) In a country such as the United States, whose most celebrated characteristic is its democracy, the most powerful statement of the attainment of legitimacy is the ability to be a role player in the exclusive realm of American politics. Significantly, the ultimate manifestation of a group's success in politics occurs when the group gains the ability... 2007
Marie A. Failinger Recovering the Face-to-face in American Immigration Law 16 Southern California Review of Law & Social Justice 319 (Spring, 2007) It is 1908. Yee Won mourns his father's death. Yee Won, in his own words a Chinese-born capitalist and property owner, is at home in San Francisco and at home in China. But Yee Won needs a wife. Perhaps because of anti-miscegenation laws or perhaps because he wants to honor his father's wishes, Yee Won returns to China a few years later for a... 2007
Robert S. Chang , Rose Cuison Villazor Testing the 'Model Minority Myth' : a Case of Weak Empiricism 101 Northwestern University Law Review Colloquy 101 (February 19, 2007) As the legal and political wars rage over affirmative action, the role played by Asian Americans is increasingly disputed. Should Asian Americans be included in affirmative action programs? Do such programs harm Asian Americans because spaces that should be given to them are instead given to less qualified Blacks and Latinos? Does Asian American... 2007
Robert S. Chang , Neil Gotanda The Race Question in Latcrit Theory and Asian American Jurisprudence 7 Nevada Law Journal 1012 (Summer 2007) In the tradition of LatCrit Afterwords, Professors Chang and Gotanda take the liberty of raising questions that extend beyond the particular themes of this LatCrit Conference and the papers published in this Symposium. They return to two issues - ethnicity versus race, and Black exceptionalism - that were raised in early LatCrit Conferences but... 2007
Deenesh Sohoni Unsuitable Suitors: Anti-miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities 41 Law and Society Review 587 (September, 2007) In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by... 2007
Victor M. Hwang, Asian Pacific Islander Legal Outreach Brief of Amici Curiae Asian Pacific Islander Legal Outreach and 28 Asian Pacific American Organizations, in Support of All Respondents in the Six Consolidated Marriage Cases, Lancy Woo and Cristy Chung, et Al., Respondents, V. Bill Lockyer, et Al., Appell 13 Asian American Law Journal 119 (November, 2006) Asian and Pacific Islander (API) people in this country are intimately familiar with the enormous harm that marriage discrimination causes families, individuals, and communities. Since the very beginning of our immigration to the United States and for much our history in California, Asians and Pacific Islanders have been denied equal access to... 2006
Shanshan Lan Chinese Americans in Multiracial Chicago: a Story of Overlapping Racializations 13 Asian American Law Journal 31 (November, 2006) It is well known among anthropologists that race as a scientific concept denoting human biological variation is no longer valid, but that race as a social construct and a shaping force still has profound material repercussions in peoples' daily lives. In 2004, two notable events occurred in Chicago that attested to the persistent significance of... 2006
Kitty Calavita Collisions at the Intersection of Gender, Race, and Class: Enforcing the Chinese Exclusion Laws 40 Law and Society Review 249 (June, 2006) This article explores the ramifications of the intersections of gender, race, and class ideologies for the enforcement of the Chinese Exclusion Laws in the years immediately following their passage. Drawing from government documents and archival data, I argue that the notions of gender, race, and class that permeated the legislative debate... 2006
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