| Author | Title | Citation | Summary | Year |
| Harvey Gee |
Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
| Joseph Jung |
Divided and Conquered: Los Angeles Koreatown and the Inadequacies of Voting Law |
24 Asian American Law Journal 97 (2017) |
Introduction. 97 I. Redistricting: A Recurring Struggle for Fair Representation. 99 A. Lee v. City of Los Angeles. 100 B. Redistricting and Asian Americans. 101 C. The Inadequacies of Voting Law. 103 II. Limitations of Section 2 of the Voting Rights Act and the Equal Protection Clause. 105 A. The Voting Rights Act of 1965 and Section 2. 106 B.... |
2017 |
| Peggy Ni, Jon Tanaka, Editors-in-Chief, 2016-2017, Volume 24, Asian American Law Journal |
Editors' Note |
24 Asian American Law Journal 1 (2017) |
The election of President Trump shaped the 2016-2017 year. For Asian Americans, as for many minority groups, the rhetoric of the election and the policies of Trump's subsequent presidency have raised questions about our place and purpose in today's America. In an America that rewarded a campaign fueled by nativist, ethnocentric rhetoric, where are... |
2017 |
| Harvey Gee |
Journey Towards Justice: the Historical and Legal Legacy of Fred Korematsu and the Japanese American Internment in a Post-9/11 World |
50 Suffolk University Law Review 237 (2017) |
In January 2017, President Obama made a final push towards his longstanding national security goal of closing the military base at Guantanamo Bay and transferring its remaining forty-one detainees to U.S. facilities. Obama explained that the push reflects the lessons that we've learned since 9/11, lessons that need to guide our nation going... |
2017 |
| Terry Ao Minnis |
No Longer Invisible: Engaging the Growing Asian American Electorate in the South |
85 Mississippi Law Journal 1333 (2017) |
Introduction / Southern Demographics & AAPIs. 1334 I. Barriers to Voting for Asian Americans. 1334 A. Language Barrier. 1335 B. Racist Stereotype of Perpetual Foreigner as a Barrier. 1337 C. Voting Discrimination as a Barrier. 1341 D. Loss of Section 5 Protections as a Barrier. 1343 II. Ways to Address the Needs of the Asian American Electorate... |
2017 |
| Angela M. Banks |
Respectability & the Quest for Citizenship |
83 Brooklyn Law Review 1 (Fall, 2017) |
Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... |
2017 |
| Solangel Maldonado |
Romantic Discrimination and Children |
92 Chicago-Kent Law Review 105 (2017) |
In recent years, social scientists have used online dating sites to study the role of race in the dating and marriage market. Their research has revealed a racialized and gendered hierarchy that disproportionately excludes African-American men and women and Asian-American men. For decades, other researchers have studied the risks and outcomes for... |
2017 |
| |
The Harvard Plan That Failed Asian Americans |
131 Harvard Law Review 604 (December, 2017) |
In November 2014, Students for Fair Admissions (SFFA) filed a complaint against Harvard College in federal district court. SFFA claims that Harvard discriminates against Asian Americans by holding them to higher admissions standards than any other racial group, including whites. Because Harvard is an institution that accepts federal funds, it... |
2017 |
| Li Chen |
The Legal Education of the First Chinese American Admitted to the New York Bar in the Twentieth Century and His Crusade to End Discrimination Against Ethnic Chinese in America |
45 International Journal of Legal Information 219 (Winter 2017) |
This article attempts to reveal how a typical first generation Chinese American activist set out to go to law school to learn the skill set to help fight against racial prejudice directed at the Chinese in the early twentieth century. It examines how Hua Chuen Mei, a first-generation Chinese American lawyer was educated and trained in America; it... |
2017 |
| Stuart Chinn |
Trump and Chinese Exclusion: Contemporary Parallels with Legislative Debates over the Chinese Exclusion Act of 1882 |
84 Tennessee Law Review 681 (Spring, 2017) |
Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative-historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points... |
2017 |
| Cynthia Gonzalez |
We've Been Here Before: Countering Violent Extremism Through Community Policing |
74 National Lawyers Guild Review 1 (Spring, 2017) |
In the past, our courts have decided that African-Americans have no rights the white man is bound to respect, separate but equal is appropriate under the federal Constitution, it is criminal to speak against our military's involvement in a war, and interning Japanese-Americans is a legitimate national security measure. While these historical... |
2017 |
| Timothy Webster |
Why Does the United States Oppose Asian Investment? |
37 Northwestern Journal of International Law and Business 213 (Spring, 2017) |
Abstract: Conventional wisdom portrays the United States as open to foreign investment. This Article challenges that narrative by examining key moments when the U.S. government has not welcomed foreign investment. First, it shows that Anti-Asian sentiment has spurred the creation of U.S. investment law over the past forty years. Second, it... |
2017 |
| Nicholas J. Schroeck |
A Changing Environment in China: the Ripe Opportunity for Environmental Law Clinics to Increase Public Participation and to Shape Law and Policy |
18 Vermont Journal of Environmental Law 1 (Fall, 2016) |
Introduction. 1 I. Environmental Pollution and Fundamental Changes to Chinese Environmental Law. 2 China's Revised Environmental Protection Law. 3 II. Environmental Policy and the Essential Role of Environmental Law Clinics. 5 United States Environmental Law Clinics Working for Environmental Justice. 8 III. United States Environmental Law Clinics... |
2016 |
| Iyanrick John , Kathy Ko Chin |
A Review of Policies and Strategies to Improve Access to Health Care for Limited English Proficient Individuals in the Asian American, Native Hawaiian, and Pacific Islander Community |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) |
A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... |
2016 |
| Yoshinori H. T. Himel |
Americans' Misuse of "Internment" |
14 Seattle Journal for Social Justice 797 (Spring, 2016) |
In any age, careful users of language will make distinctions; careless users of language will blur them. Many Americans have used the word internment to denote World War II's civil liberties calamity of mass, race-based, nonselective forced removal and incarceration of well over 110,000 Japanese American civilians, most of them American citizens.... |
2016 |
| Frank H. Wu |
Are Asian Americans Now White? |
23 Asian American Law Journal 201 (2016) |
All right: we're dispensing with the mic; I think I can project. You know, Asian Americans are always supposed to be quiet and submissive, so I always want to be as loud as possible. Good afternoon, friends. I would like to start with a personal story. More than 25 years ago, when I started law school at a fine institution in the American Midwest,... |
2016 |
| Denny Chin, Kathy Hirata Chin |
Asian Americans and the Law |
11 Judicial Notice 6 (2016) |
In 1750,a small group of Filipino sailors landed in what would later become Louisiana. Scholars believe these were the first Asians to settle in the United States. The first Chinese, principally merchants, seamen, and students, arrived in the United States in 1820. By 1848, there were only approximately 325 Chinese--all men--in the United States.... |
2016 |
| Kelsey Inouye |
Asian Americans: Identity and the Stance on Affirmative Action |
23 Asian American Law Journal 145 (2016) |
Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... |
2016 |
| Mehera Nori |
Asian/american/alien: Birth Tourism, the Racialization of Asians, and the Identity of the American Citizen |
27 Hastings Women's Law Journal 87 (Winter 2016) |
On March 3, 2015, federal agents raided thirty-seven locations in Southern California as part of an investigation into the practice of birth tourism, also known as maternity tourism. Investigators focused on three multimillion-dollar businesses that catered to wealthy, pregnant Chinese women hoping to give birth to their babies on American... |
2016 |
| Mary Szto |
From Exclusion to Exclusivity: Chinese American Property Ownership and Discrimination in Historical Perspective |
25 Journal of Transnational Law & Policy 33 (2015-2016) |
I. Introduction. 34 II. Today's Chinese Real Estate Investors. 37 III. The Maritime Silk Road and Early Chinese Arrivals in the US. 42 A. The Maritime Silk Road. 43 B. The 1849 Gold Rush. 45 IV. Violence, Anti-Chinese Legislation, and Resistance. 47 V. Building of the Transcontinental Railroad (1863-1869). 49 VI. The 1868 Burlingame Treaty. 53 VII.... |
2016 |
| Harvey Gee |
Habeas Corpus, Civil Liberties, and Indefinite Detention During Wartime: from ex Parte Endo and the Japanese American Internment to the War on Terrorism and Beyond |
47 University of the Pacific Law Review 791 (2016) |
I. Introduction. 792 II. The Internment of Japanese Americans and Endo: It was About Race Despite the Government and Supreme Court Insistence that It Was About Military Necessity . 796 A. The Three Internment Cases Leading Up to Endo. 799 B. Endo's Petition for Writ of Habeas Corpus and Justice Douglas' Avoidance of the Constitutional Issues. 801... |
2016 |
| Ji Li |
I Came, I Saw, I. . . Adapted: an Empirical Study of Chinese Business Expansion in the United States and its Legal and Policy Implications |
36 Northwestern Journal of International Law and Business 143 (Winter 2016) |
Abstract: China's economic expansion into the United States has generated intense debates and controversies. Some view it as posing a critical challenge to extant U.S. institutions; others see China as a stakeholder of the extant system and that the Chinese investors are by and large playing our game. However, theories and hypotheses on the... |
2016 |
| Stewart Chang |
Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority |
23 Asian American Law Journal 5 (2016) |
Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... |
2016 |
| Kevin Lam |
Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.s.: the Case for Court-appointed Mediation Programs |
17 Cardozo Journal of Conflict Resolution 989 (Spring 2016) |
Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese... |
2016 |
| David B. Oppenheimer, Swati Prakash, Rachel Burns |
Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law |
26 Berkeley La Raza Law Journal 1 (2016) |
Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... |
2016 |
| Ethan Hee-Seok Shin |
The "Comfort Women" Reparation Movement: Between Universal Women's Human Right and Particular Anti-colonial Nationalism |
28 Florida Journal of International Law 87 (April, 2016) |
I. Introduction. 88 II. Imperial Japan and Its Aftermath. 91 A. Imperial Japan up to 1945. 91 B. The Politico-Legal Settlement after World War II. 94 C. Reparation Movement since the 1990s: From the Political to the Legal. 99 III. Main Legal Issues of the Japanese Reparation. 103 A. (Il)legality of Imperial Japan's Colonial Rule over Korea. 103 B.... |
2016 |
| Nancy Leong |
The Misuse of Asian Americans in the Affirmative Action Debate |
64 UCLA Law Review Discourse 90 (2016) |
Opponents of affirmative action often claim that Asian Americans are injured by affirmative action. This argument is both inaccurate and strategic rather than motivated by real concern for Asian Americans. This Essay explains how Asian Americans in fact benefit from affirmative action. It also exposes the way that framing opposition to affirmative... |
2016 |
| Corinna Barrett Lain |
Three Supreme Court "Failures" and a Story of Supreme Court Success |
69 Vanderbilt Law Review 1019 (May, 2016) |
Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated separate but equal, sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky's measure in The Case Against the Supreme Court, all three are... |
2016 |
| Emily S. Zia |
What Side Are We On? A Call to Arms to the Asian American Community |
23 Asian American Law Journal 169 (2016) |
Introduction. 169 I. The Complicated History of Asian Americans and Affirmative Action. 175 A. A Quick History of Affirmative Action in California. 175 B. The Ideological Debate Over Asian Americans' Stance on Affirmative Action. 180 II. The SCA5 Debate. 183 III. Racial Triangulation and the Dangers of Honorary Whiteness . 187 IV. A Call to Arms.... |
2016 |
| Chan Hee Chu |
When Proportionality Equals Diversity: Asian Americans and Affirmative Action |
23 Asian American Law Journal 99 (2016) |
In recent years, Asian Americans have become key players in the affirmative action debate. The current legal scholarship, however, has painted an overly simplistic picture of the impact of affirmative action on Asian Americans. Frank Wu, William C. Kidder, and other scholars have asserted that negative rather than affirmative action is the cause of... |
2016 |