| Author | Title | Citation | Summary | Year |
| 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 (https://lawcat.berkeley.edu/record/1181477). 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 |
| Tom Coffman, Independent Scholar |
Harry N. Scheiber and Jane L. Scheiber, Bayonets in Paradise: Martial Law in Hawai'i During World War Ii. Honolulu: University of Hawai'i Press, 2016. Pp. 489. $45.00 Cloth (Isbn 9780824852887) Doi:10.1017/s0738248018000226 |
36 Law and History Review 667 (August, 2018) |
Justice Frank Murphy once wrote that two aspects of World War II could only be forgotten at our peril. One was the indiscriminate incarceration of Japanese aliens and Japanese Americans. The other was 4 years of martial law in Hawai'i. We have cried Never Again to the first but forgotten the second. Therefore, it is at long last that the legal... |
2018 |
| Mark Conrad |
Matal V. Tam--a Victory for the Slants, a Touchdown for the Redskins, but an Ambiguous Journey for the First Amendment and Trademark Law |
36 Cardozo Arts and Entertainment Law Journal 83 (2018) |
Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed immoral, deceptive, or scandalous; or those which may disparage individuals. This provision was the subject of a challenge by an Asian-American dance-rock band named The Slants after the trademark examiner refused to... |
2018 |
| Leslie P. Culver, rev'r |
My Enemy's Enemy and the Case for Rhetoric: Race, Nation, and Refuge: the Rhetoric of Race in Asian American Citizenship Cases Doug Coulson (Suny Press 2017), 318 Pages |
15 Legal Communication & Rhetoric: JALWD 293 (Fall, 2018) |
There is a special need for rhetorical strategy in advocacy where legitimacy, power, and identity are rooted in particular relationships. In Race, Nation, and Refuge: The Rhetoric of Race in Asian American Citizenship Cases, Doug Coulson analyzes race eligibility cases to dramatically underscore the value of rhetoric in judicial advocacy. With this... |
2018 |
| Jon Tanaka |
Promoting Asian American Representation Through Copyright: Moral Rights in the Last Airbender and Fair Use in Ms. Marvel |
25 Asian American Law Journal 88 (2018) |
Introduction. 88 I. Representation of Asian Americans in Popular Culture. 91 A. The Absence of Asian American Characters and Narratives. 93 B. The Whitewashing of Asian American Characters. 95 II. The Potential Role of Moral Rights and Fair Use. 98 A. Preventing Whitewashing with Moral Rights. 98 1. Moral Rights in the United States: The Visual... |
2018 |
| Andrew Chongseh Kim |
Prosecuting Chinese "Spies": an Empirical Analysis of the Economic Espionage Act |
40 Cardozo Law Review 749 (December, 2018) |
[A]lmost every student that comes over to this country [from China] is a spy. --President Donald Trump, August 7, 2018 [We see China] us[ing] . professors, scientists, students [to steal intelligence] in almost every field office that the FBI has around the country. It's not just in major cities. It's in small ones as well. It's across basically... |
2018 |
| Noelle Nasif, Shyam K. Sriram, Eric R.A.N. Smith |
Racial Exclusion and Death Penalty Juries: Can Death Penalty Juries Ever Be Representative? |
27-SPR Kansas Journal of Law & Public Policy 147 (Spring, 2018) |
In 1987, Timothy Foster, an African American man, was sentenced to death for homicide. He had broken into the home of Queen Madge White, a 79-year old Caucasian woman, and killed her during the commission of that burglary. He was 18 at the time. During voir dire, every single black juror was struck from the jury, leaving Foster to face an all-white... |
2018 |
| Neil Gotanda |
Reflecting on Race, Law and White Supremacy: Asian American and Muslim American Experiences |
45 Western State Law Review 147 (Spring, 2018) |
I begin this reflection with a short note about myself - my subject position. I identify as a Japanese American, ethnic Buddhist. I was born and raised in Stockton, California, in the central valley. My family had returned so Stockton after being incarcerated in the Rohwer Arkansas Concentration Camp. My family had lived for a short while in St.... |
2018 |
| Hiroshi Fukurai, Alice Yang |
The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech |
45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) |
Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... |
2018 |
| Gabriel J. Chin , John Ormonde |
The War Against Chinese Restaurants |
67 Duke Law Journal 681 (January, 2018) |
Chinese restaurants are a cultural fixture--as American as cherry pie. Startlingly, however, there was once a national movement to eliminate Chinese restaurants, using innovative legal methods to drive them out. Chinese restaurants were objectionable for two reasons. First, Chinese restaurants competed with American restaurants, thus threatening... |
2018 |
| Robert S. Chang |
Whitewashing Precedent: from the Chinese Exclusion Case to Korematsu to the Muslim Travel Ban Cases |
68 Case Western Reserve Law Review 1183 (Summer, 2018) |
The travel ban cases test the extent of the President's authority to promulgate orders regarding the issuance of visas and the entry of refugees. Specifically at issue is whether the President's actions are even reviewable by the courts, as well as whether the President exceeded his statutory authority or acted in violation of the Establishment... |
2018 |
| Esther Yoona Cho |
A Double Bind-"Model Minority" and "Illegal Alien" |
24 Asian American Law Journal 123 (2017) |
Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... |
2017 |