AuthorTitleCitationSummaryYear
Jason H. Lee Dislocated and Deprived: a Normative Evaluation of Southeast Asian Criminal Responsibility and the Implications of Societal Fault 11 Michigan Journal of Race and Law 671 (Spring 2006) INTRODUCTION. 672 I. The Rising Rate of Southeast Asian Crime and Youth Delinquency. 674 A. Crime Among Southeast Asian Youths. 675 B. A Closer Look: Bui Doi Southeast Asian Gangs and Home Invasions . 678 C. The Environmental Roots of Southeast Asian Crime. 679 II. Southeast Asian Criminal Responsibility and Society's Tenuous Moral Authority to... 2006
Rene Bowser Medical Civil Rights: the Exclusion of Physicians of Color from Managed Care: Business or Bias? 4 Hastings Race and Poverty Law Journal 1 (Fall 2006) The United States is rapidly becoming more diverse, as demonstrated by the fact that nonwhite racial and ethnic minorities will likely constitute a majority of Americans later in this century. The representation of African Americans, Latino/as, Asian Americans, and Native Americans in medicine, however, has grown only modestly over the past 25... 2006
William C. Kidder Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught in the Crossfire 11 Michigan Journal of Race and Law 605 (Spring 2006) INTRODUCTION. 606 I. Unraveling the Yellow Peril Causation Fallacy . 611 II. Law School Reality Check: How APAs Fared Before and After Affirmative Action Bans. 617 CONCLUSION: OPPORTUNITIES LOST IN OPPORTUNITY COST . 620 2006
James C. Ho , Sandra Tanamachi , Scott Newar , Jodi Bernstein , George J. Hirasaki Panel Discussion:the Struggle to Change "Jap Road" 13 Asian American Law Journal 145 (November, 2006) On February 24, 2005, Texas State Representative Martha Wong joined forces with the Asian American Bar Association of Houston to sponsor a discussion about the struggle to change the name of three controversial Texas roads--Jap Road in Jefferson County, Jap Road in Fort Bend County, and Jap Lane in Orange County. The event was designed to provide a... 2006
Celine Parreñas Shimizu Queens of Anal, Double, Triple, and the Gang Bang: Producing Asian/american Feminism in Pornography 18 Yale Journal of Law & Feminism 235 (2006) I. Why Study Pornography to Understand Race and Sexuality?. 236 II. A Social History of Asian/American Images in Pornography. 243 A. Early Stag Films. 244 B. Post-1950s Stag Films. 247 C. Golden Age Porn Stars Linda Wong, Mai Lin, and Kristara Barrington. 250 III. Contemporary Asian/American Women in Pornography. 258 A. Asia Carrera. 260 B. Porn... 2006
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
Miranda Oshige McGowan , James Lindgren Testing the "Model Minority Myth" 100 Northwestern University Law Review 331 (Special Issue 2006) The stereotype of Asian Americans as a Model Minority appears frequently in the popular press and in public and scholarly debates about affirmative action, immigration, and education. The model minority stereotype may be summarized as the belief that Asian Americans, through their hard work, intelligence, and emphasis on education and... 2006
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
Emily Ryo Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era 31 Law and Social Inquiry 109 (Winter, 2006) This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... 2006
Mohar Ray Undocumented Asian American Workers and State Wage Laws in the Aftermath of Hoffman Plastic Compounds 13 Asian American Law Journal 91 (November, 2006) In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... 2006
John Q. Barrett A Commander's Power, a Civilian's Reason: Justice Jackson's Korematsu Dissent 68-SPG Law and Contemporary Problems 57 (Spring 2005) Robert Houghwout Jackson was a justice of the United States Supreme Court during the years of World War II. This article considers his great but potentially perplexing December 1944 dissent in Korematsu v. United States, in which he refused to join the Court majority that proclaimed the constitutionality of military orders excluding Japanese... 2005
Victor C. Romero Are Filipinas Asians or Latinas?: Reclaiming the Anti-subordination Objective of Equal Protection after Grutter and Gratz 7 University of Pennsylvania Journal of Constitutional Law 765 (February, 2005) During the summer of 2003, I had the privilege of participating in a round table discussion on the likely impact of the Supreme Court's affirmative action holdings in Grutter v. Bollinger and Gratz v. Bollinger. Hosted by the New York University Asian/Pacific/American Studies Program & Institute, all of the discussants were Filipina Americans from... 2005
John Hayakawa Torok Asian American Jurisprudence: on Curriculum 2005 Michigan State Law Review 635 (Summer 2005) Introduction. 636 I. Some Background for Early Asian American Jurisprudence. 642 II. Preliminary Questions. 649 A. What Is Asian American?. 649 B. Does Asian American Jurisprudence Differ from Asian American Studies?. 657 C. What Makes it Jurisprudence?. 660 III. Columbia Asian American Jurisprudence Classes--1997-1999. 662 A. Antecedents of... 2005
Glenn D. Magpantay, Nancy W. Yu Asian Americans and Reauthorization of the Voting Rights Act 19 National Black Law Journal 1 (2005) In 2007, certain provisions of the federal Voting Rights Act will expire unless Congress reauthorizes them. These include the provisions for language assistance (Section 203) and enforcement (Section 5). Asian Americans, like African Americans and Latinos, continue to face voting discrimination and grow in population. The Voting Rights Act's... 2005
Joy Lyu Monahan Asian-americans and Bar Diversity Efforts 53 Louisiana Bar Journal 120 (August/September, 2005) I am just a lawyer in a Chinese body. -- Harry Lee Jefferson Parish Sheriff State of Louisiana In the context of racial diversity in the legal profession, Asian-Americans generally are not the center of attention. The demographic reality is that there are few Asian-American lawyers in Louisiana. The number of Asian-American lawyers in the United... 2005
Victor C. Romero Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads 15 Indiana International & Comparative Law Review 337 (2005) Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its... 2005
Mohar Ray Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness 11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. U.S. Congressional Representative John Cooksey of Louisiana, Radio Announcement after September 11, 2001 In the aftermath of the September 11, 2001 terrorist attacks perpetuated by nineteen foreign... 2005
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
Cynthia E. Nance Colorable Claims: the Continuing Significance of Color under Title Vii Forty Years after its Passage 26 Berkeley Journal of Employment and Labor Law 435 (2005) I. Introduction. 435 II. A Brief History of Colorism in the United States. 440 III. Research on the Impact of Colorism on Racial Minorities. 442 A. African Americans and Colorism. 445 B. Latinos and Colorism. 449 C. Asians and Colorism. 453 IV. Colorism -- Made in the U.S.A. ?. 458 V. Colorism in the Courts. 462 A. Cases Brought By the EEOC. 462... 2005
Xiaobing Xu Different Mediation Traditions: a Comparison Between China and the U.s. 16 American Review of International Arbitration 515 (2005) Nothing is permanent but change. -- Heraclitus Shutu Tonggui [reach the same destination via different routes] -- Chinese idiom Mediation is one of the world's ancient modes of dispute resolution and is believed to be as old as human society itself. It evolved over time and differs from place to place. Today, although mediation is gaining... 2005
Leti Volpp Divesting Citizenship: on Asian American History and the Loss of Citizenship Through Marriage 53 UCLA Law Review 405 (December, 2005) This Article narrates a sorely neglected legal history, that of the intersection between race, gender, and American citizenship through the first third of the twentieth century. It is a little known fact that marriage once functioned to exile U.S. citizen women from their country; moreover, how racial barriers to citizenship shaped expatriation and... 2005
Lauren E. Crais Domestic Violence and the Federal Government 6 Georgetown Journal of Gender and the Law 405 (2005) I. The Violence Against Women Act of 1994. 407 A. The Civil Rights Remedy. 408 B. Striking Down the Civil Remedy. 408 C. Provisions Which Survive United States v. Morrison. 410 D. VAWA Restoration Act of 2003. 411 E. Cultural Inadequacies of VAWA '94. 412 1. Immigrants. 413 2. Asian American Women. 415 3. Hispanic Women. 417 4. Black Women. 417 5.... 2005
Gary Kar-Chuen Chow Exiled Once Again: Consequences of the Congressional Expansion of Deportable Offenses on the Southeast Asian Refugee Community 12 Asian Law Journal 103 (April, 2005) On November 16, 2003, the New York Times published In a Homeland Far from Home, an article chronicling the life of Loeun Lun, a Cambodian refugee, whom the United States government deported to Cambodia due to recent changes in immigration law. Loeun Lun was born to Soun Dok, an impoverished peanut farmer in the midst of the intense economic and... 2005
David C. Yang Globalization and the Transnational Asian "Knowledge Class" 12 Asian Law Journal 137 (April, 2005) The last few decades have seen the development of a global informational economy. Liberalization of regulations and advancements in information technology have enabled relentless capitalist expansion to overcome constraints of time and space, organize much of the world's economic activity, resources, and labor on a planetary scale, and operate upon... 2005
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
Sumayyah Waheed Limiting Ourselves: a Response to Elbert Lin's "Identifying Asian America" 12 Asian Law Journal 187 (April, 2005) As a child, I was accustomed to being the only South Asian in my class. I automatically identified with other non-Whites in my history books and at my school, knowing that in the past, I would have been considered one of the persecuted savages, and in the present, they were different, as was I. Later, as a teenager, I found that the one... 2005
Susan Taing Lost in the Shuffle: the Failure of the Pan-Asian Coalition to Advance the Interests of Southeast Asian Americans 16 Berkeley La Raza Law Journal 23 (Spring, 2005) In the summer of 2003, members of the academic community breathed a collective sigh of relief when the Supreme Court announced in the landmark decision, Grutter v. Bollinger, that educational diversity was indeed a compelling state interest. The Court upheld the University of Michigan Law School's (hereinafter Law School) race-conscious admission... 2005
Eric L. Ray Mexican Repatriation and the Possibility for a Federal Cause of Action: a Comparative Analysis on Reparations 37 University of Miami Inter-American Law Review 171 (Fall 2005) I. Introduction. 171 II. The Victims of Mexican Repatriation. 174 III. The United States Government's Involvement in Mexican Repatriation. 176 IV. A Federal Cause of Action for Reparations: Defeating the Statute of Limitations. 178 V. Comparative Analysis with Reparations for Japanese Internment, The Gold Train & Slavery. 182 A. Victims of Japanese... 2005
Jagdish J. Bijlani Neither Here Nor There: Creating a Legally and Politically Distinct South Asian Racial Identity 16 Berkeley La Raza Law Journal 53 (Fall 2005) At about 9:20 p.m. on Monday, May 19, 2003, Avtar Singh Cheira, a 52-year-old Phoenix, Arizona, truck driver and Sikh immigrant from India was shot twice in the legs. Cheira had been waiting to be picked up by his family when the men who shot him with bullets from a small caliber gun drove by in a red pickup truck. The Sikh immigrant had lived in... 2005
Victoria Choy Perpetuating the Exclusion of Asian Americans from the Affirmative Action Debate: an Oversight of the Diversity Rationale in Grutter V. Bollinger 38 U.C. Davis Law Review 545 (February, 2005) Introduction 546 I. Status of the Law. 549 A. Equal Protection Jurisprudence and Racial Classifications in Higher Education. 550 B. Regents of the University of California v. Bakke. 551 C. The Fractured Court and its Aftermath: Revisiting the Diversity Rationale and Resolving the Circuit Split. 554 1. The Fifth Circuit: Hopwood v. Texas. 555 2. The... 2005
A. Wallace Tashima Play it Again, Uncle Sam 68-SPG Law and Contemporary Problems 7 (Spring 2005) Yesterday we heard from some of the surviving participants in the World War II Japanese American internment experience, including litigants and attorneys who participated in the various test cases in the United States Supreme Court and the lower federal courts. This morning, we heard from a panel of scholars who gave us a historical overview of the... 2005
Kerry Abrams Polygamy, Prostitution, and the Federalization of Immigration Law 105 Columbia Law Review 641 (April, 2005) When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... 2005
Lisa M. Fairfax Some Reflections on the Diversity of Corporate Boards: Women, People of Color, and the Unique Issues Associated with Women of Color 79 Saint John's Law Review 1105 (Fall 2005) As one might expect, there are many similarities between the circumstances of women directors and directors of color, which include African Americans, Latinos, and Asian Americans. Indeed, both groups began appearing on corporate boards in significant numbers during the same period--right after the Civil Rights Movement--pursuant to which the push... 2005
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 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
Gil Gott The Devil We Know: Racial Subordination and National Security Law 50 Villanova Law Review 1073 (2005) SINCE September 11, Muslims, Arabs and South Asians in the United States have had to contend with disparate and abusive treatment, both within civil society and at the hands of state actors including security, law enforcement and prison officials. It would seem a horrible exaggeration to say that post-September 11 has been a period of open season... 2005
Roy L. Brooks The Slave Redress Cases 27 North Carolina Central Law Journal 130 (2005) I. Introduction. 131 II. Forced Labor Litigation. 133 A. Overview. 133 B. Japanese Forced Labor Litigation. 134 C. Nazi Forced Labor Litigation. 141 1. Princz v. Federal Republic of Germany. 141 2. In re Nazi Era Cases Against German Defendants Litigation. 144 III. Japanese American Removal and Internment. 146 A. Executive Order 9066. 146 B.... 2005
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
Daniel Ahn Profiling Culture: an Examination of Korean American Gangbangers in Southern California 11 Asian Law Journal 57 (May, 2004) Los Angeles Mayor James Hahn and Police Chief William Bratton have declared war on Southern California's street gangs. The gang problem, they argue, is insidious and should be considered a national problem akin to terrorism. The parallel between gangs and terrorism is instructive, for profiling is a controversial yet significant issue for both.... 2004
Karen K. Narasaki, Vincent A. Eng, Terry M. Ao, National Asian Pacific American Legal Center, Mark A. Packman, Attorney of Record, Jonathan M. Cohen, Robert Thoron Taylor, Joel E Greer, Gilbert Heintz, Randolph Brief of Amici Curiae National Asian Pacific American Legal Consortium, Asian Law Caucus, Asian Pacific American Legal Center, et Al. , in Support of Respondents in Barbara Grutter, Petitioner, V. Lee Bollinger, et Al., Respondents and Jennifer Gratz, et 10 Asian Law Journal 295 (May, 2003) The National Asian Pacific American Legal Consortium (NAPALC) is a national, nonprofit, nonpartisan organization whose mission is to advance the legal and civil rights of Asian Pacific Americans. NAPALC is committed to supporting affirmative action as a way of ensuring equal opportunities for women and minorities. Joining NAPALC as amici curiae... 2003
Daisy Ha An Analysis and Critique of Kiwa's Reform Efforts in the Los Angeles Korean American Restaurant Industry 8 Asian Law Journal 111 (May, 2001) Although many people are aware, through the efforts of organizations and media attention, of the miserable working conditions facing Asian Americans in garment industry sweatshops, less visible are other arenas in which Asian American workers also face similar plights. One such example is the restaurant industry in Los Angeles' Koreatown. Since... 2001
Linda Chen Einsiedler, M.A. and Todd A. DeMitchell, Ed.D. % Affirmative Action and the Model Minority in Higher Education Admissions: a Conundrum for Asian Americans 131 West's Education Law Reporter 877 (March, 1999) It is by now well understood . that our society cannot be completely colorblind in the short term if we are to have a colorblind society in the long term. After centuries of viewing through colored lenses, eyes do not quickly adjust when the lenses are removed. Associate General Contractors of Massachusetts v. Altschuler (1973) Government can never... 1999
Janine Young Kim Are Asians Black?: the Asian-american Civil Rights Agenda and the Contemporary Significance of the Black/white Paradigm 108 Yale Law Journal 2385 (June, 1999) The phrase civil rights movement evokes the powerful words and images of the mass movement by Black Americans in the United States during the 1950s and 1960s. In recent years, however, Asian Americans have increasingly laid claim to a place in the history of the struggle for civil rights. Just as Derrick Bell harkens back to Dred Scott v. Sanford... 1999
By Harvey Gee Asian Americans, Law, and Illegal Immigration in Post-civil Rights America: a Review of Three Books Disoriented: Asian Americans, Law, and the Nation-state, by Robert S. Chang, New York University Press, 1999 Forbidden Workers: Illegal Chinese Immigrants 77 University of Detroit Mercy Law Review 71 (Fall 1999) Presently, the social science and legal literature on Asian Americans are growing at an impressive rate. Accordingly, three recently published volumes have emerged to expand the analysis of Asian American social and legal issues. First, Peter Kwong, chair of the Asian American Studies Program at Hunter College in New York, demonstrates his... 1999
HARVEY GEE Beyond Black and White: Selected Writings by Asian Americans Within the Critical Race Theory Movement 30 Saint Mary's Law Journal 759 (1999) I. Introduction. 760 II. Critical Race Theory. 764 III. History of Discrimination Against Asian Americans: Nativism and the Racialization of Asian Americans As Foreign. 769 IV. Asian-American Contributions to the Critical Race Movement. 773 A. Constructing Asian-American Identities During the Exclusion Era. 776 B. Contemporary Discrimination... 1999
Richard P. Cole, Gabriel J. Chin Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law 17 Law and History Review 325 (Summer, 1999) During the past generation legal histories of Chinese immigrants who came to America during the second half of the nineteenth century have reshaped our view of their significance for the history of American law. The preceding three generations of professional legal historians perceived the legal experience of Chinese immigrants as marginal to the... 1999
Reviewed by Harvey Gee Immigrants Out! The New Nativism and the Anti-immigrant Impulse in the United States, Edited by Juan F. Perea. New York: New York University Press. 342 Pp. 1997. 52 Oklahoma Law Review 685 (Winter, 1999) The American Nation has always had a specific ethnic core. And that core has been white. The recently enacted anti-immigration policies which target Asian and Latino immigrants are the latest manifestations of the social construction of these racial groups as foreigners not entitled to the equal protection of the law. This anti-immigrant animus is... 1999
David E. Bernstein Lochner, Parity, and the Chinese Laundry Cases 41 William and Mary Law Review 211 (December, 1999) From the 1860s to the early twentieth century, Chinese laundrymen throughout the American West suffered from violence, boycotts, and hostile regulation of their occupation by local governments. The vast majority of Chinese laundrymen were not permitted to vote because they were aliens ineligible for citizenship. The laundrymen therefore could not... 1999
Rockwell Chin Long Struggle for Justice 85-NOV ABA Journal 66 (November, 1999) In the struggle for civil rights in the United States, Asian Pacific Americans have not always fought the loudest battles, and their struggles have not often garnered the biggest headlines. But their efforts nevertheless have had a deep impact on the continuing struggle to rid America of racism, bigotry and discrimination. Faced with a hostile... 1999
Harvey Gee Race, Rights, and the Asian American Experience: a Review Essay 13 Georgetown Immigration Law Journal 635 (Summer, 1999) As a movement for social change, Asian American activism must confront institutional forces that maintain the status quo. Asian American movements face additional burdens that stem from society's refusal to acknowledge the oppression, humanity, and the very existence of Asian Americans. Ancheta's book represents one of the most comprehensive and... 1999
Troy M. Yoshino Still Keeping the Faith?: Asian Pacific Americans, Ballot Initiatives, and the Lessons of Negotiated Rulemaking 6 Asian Law Journal 1 (May, 1999) Asian Pacific Americans (APA's) face a number of obstacles to obtaining proportionate electoral power in the United States. The author examines several factors that have contributed to the diminution of the APA political voice including the occupation of a smaller percentage of the political constituency, the absence of a strong national leader,... 1999
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