AuthorTitleCitationSummaryYear
Shawn Ho A Critique of the Motivations Behind Negative Action Against Asian Americans in U.s. Universities: the Model Victims 5 Columbia Journal of Race and Law 79 (2015) To deal effectively with negative action against Asian Americans, it is crucial to first understand the motivations behind negative action. This Article posits that these motivations are complex--they are an intricate tapestry of racism and benevolence interwoven with both conscious and unintentional aspects. In theorizing about and critiquing... 2015
Kim D. Chanbonpin Between Black and White: the Coloring of Asian Americans 14 Washington University Global Studies Law Review 637 (2015) While reporting on the civil unrest that followed the police killing of Mike Brown in Ferguson, Missouri last August, Fox News host Bill O'Reilly became enraged when his guest Megyn Kelly suggested that race-based privilege shields White people from police violence while it simultaneously subordinates Black people. After the brief on-air debate,... 2015
Paul Finkelman Coping with a New "Yellow Peril": Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War Ii 117 West Virginia Law Review 1409 (Spring, 2015) I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... 2015
Stewart Chang Feminism in Yellowface 38 Harvard Journal of Law & Gender 235 (Summer 2015) Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... 2015
Carol G.S. Tan How a "Lawless" China Made Modern America: an Epic Told in Orientalism Legal Orientalism: China, the United States and Modern Law. By Teemu Ruskola. Cambridge, Mass.: Harvard University Press. 2013. Pp. 338. $39.95 128 Harvard Law Review 1677 (April, 2015) Legal Orientalism begins with a map of modern law in which the United States and China are located at opposite ends. America sees itself as being built on particularly universal political values in which law is given a privileged position (p. 9). From this perspective, China and Chinese law are cast as being universally particular (p. 9). In... 2015
Peter Irons How Solicitor General Charles Fahy Misled the Supreme Court in the Japanese American Internment Cases: a Reply to Charles Sheehan 55 American Journal of Legal History 208 (April, 2015) The judicial process is seriously impaired when the government's law enforcement officers violate their ethical obligations to the court. United States District Judge Marilyn Hall Patel, vacating the conviction of Fred Korematsu In its October 2014 issue, this journal published an article by Charles Sheehan, entitled Solicitor General Charles... 2015
Donna H. Lee Intimate Partner Violence Against Asian American Women: Moving from Theory to Strategy 28 Columbia Journal of Gender and Law 315 (2015) Despite theoretical advances in understanding intimate partner violence (IPV), practical strategies for addressing the destruction it wreaks on individuals, families, and communities have stagnated. Criminal prosecutions of domestic violence, legal services to help IPV survivors obtain civil orders of protection, emergency shelters, and social... 2015
Debito Arudou Japan's Under-researched Visible Minorities: Applying Critical Race Theory to Racialization Dynamics in a Non-white Society 14 Washington University Global Studies Law Review 695 (2015) Critical Race Theory (CRT), an analytical framework grounded in American legal academia, uncovers power relationships between a racialized enfranchised majority and a disenfranchised minority. Although applied primarily to countries and societies with Caucasian majorities to analyze White Privilege this Article applies CRT to Japan, a non-White... 2015
Myunghwa Lee Legislative Initiative for Work-family Reconciliation in South Korea: a Comparative Analysis of the South Korean, American, French, and German Family Leave Policies 22 Asian American Law Journal 45 (2015) This thesis compares the family leave policies (maternity, paternity and parental leave) of South Korea, U.S., France, and Germany by exploring the cultural context and purposes in adopting family leave laws. Unlike Western nations, family leave legislation has been ineffective in South Korea since family leave laws were adopted as a means to... 2015
Harvey Gee National Insecurity: the National Defense Authorization Act, the Indefinite Detention of American Citizens, and a Call for Heightened Judicial Scrutiny 49 John Marshall Law Review 69 (Fall, 2015) I. Introduction. 69 II. The Japanese American Internment. 73 III. The NDAA and the War Against Terrorism. 79 A. 2001 Authorization of Use of Military Force. 79 B. National Defense Authorization Act of 2012. 80 C. Hamdi v. Rumsfeld and Establishing the Legal Authority for the NDAA. 83 IV. Hedges v. Obama. 85 V. Learning from History and Avoiding... 2015
Li Chen Pioneers in the Fight for the Inclusion of Chinese Students in American Legal Education and Legal Profession 22 Asian American Law Journal 5 (2015) In 1878, the first Chinese student, Sit Ming Cook, sought entry into an American law school and was rejected because of his race. Chang Hong Yen, the second Chinese law student, was more fortunate. In 1884, Chang journeyed to New York City to embark on his legal education at Columbia Law School. A former Chinese Government Scholar, Chang had nine... 2015
Katherine Lee Goyette The Bamboo Ceiling 84-JAN Journal of the Kansas Bar Association 14 (January, 2015) Aren't you supposed to be good at math? This stereotypical phrase has echoed my entire educational career. Same inquiry, same response: No, just because I'm Asian [American], doesn't mean that I'm good at math. Scholars have analyzed the various perceptions of Asian-Americans: (1) As foreigners; despite having been born in the United States, or... 2015
Vinay Harpalani To Be White, Black, or Brown? South Asian Americans and the Race-color Distinction 14 Washington University Global Studies Law Review 609 (2015) People often use race and color terminology interchangeably in common parlance. When the renowned African American scholar W.E.B. Du Bois stated that the problem of the twentieth century is the problem of the color line, he was referring to rampant and overt racism faced by African Americans and non-European peoples all over the world. Within the... 2015
Vernon Nase , Nicholas Humphrey Angry People in the Sky: Air Rage and the Tokyo Convention 79 Journal of Air Law and Commerce 701 (Fall 2014) I. INTRODUCTION. 702 II. THE GLOBAL NATURE OF THE PROBLEM. 703 III. RELEVANT JURISPRUDENCE. 705 IV. THE ACUTE NATURE OF THE PROBLEM IN CHINA. 708 A. The Delay Issue. 710 B. Growth of Chinese Market Demands More Air Space Be Allocated. 711 C. Passenger Expectations. 712 V. AIR RAGE FROM THE AIRLINES' PERSPECTIVE. 713 A. International Air Transport... 2014
Joan C. Williams Double Jeopardy? An Empirical Study with Implications for the Debates over Implicit Bias and Intersectionality 37 Harvard Journal of Law & Gender 185 (Winter, 2014) Introduction. 186 I. The NSF Study. 189 A. Methodology. 189 B. No Surprise: Women of Color Encounter Racial as well as Gender Bias. 194 C. Black Women. 195 D. Latinas. 205 E. Asian American Women. 212 II. Implications for the Debate over Implicit Bias. 219 III. Implications for the Intersectionality Debate. 233 A. Intersectional Plaintiffs' Fate in... 2014
  Editors' Note 21 Asian American Law Journal 1 (2014) This year marks the fiftieth anniversary of the landmark 1964 Civil Rights Act, which outlawed discrimination on the basis of race, color, religion, sex, and national origin. Although the Chinese Exclusion Act is long gone and the United States government has admitted the great injustice in interning over 110,000 Japanese Americans, our country... 2014
Peggy Li Hitting the Ceiling: an Examination of Barriers to Success for Asian American Women 29 Berkeley Journal of Gender, Law & Justice 140 (Winter 2014) I. Introduction. 141 II. The Glass Ceiling, The Bamboo Ceiling, and their Exclusion of Asian American Women. 142 A. The Glass Ceiling. 143 B. The Bamboo Ceiling. 145 C. The Exclusion of Asian American Women. 146 III. Using Intersectionality to Acknowledge the Experiences of Asian American Women. 148 IV. Understanding the Origins and Perpetuation of... 2014
Will Sarvis Melting Pot Benevolence and Liberty Patriotism: the Importance of the Moral Cosmopolitanism Precedent in Asian American History 3 British Journal of American Legal Studies 197 (Spring, 2014) Between the 1860s-1930s, there were a significant number of Chinese, Japanese, and various Caucasian peoples who embraced interracial friendships in the United States. Not only were these brave souls ahead of their time, but they exercised a moral cosmopolitan attitude amidst some of the fiercest racial discrimination in American history. Until... 2014
Charles Sheehan Solicitor General Charles Fahy and Honorable Defense of the Japanese-- American Exclusion Cases 54 American Journal of Legal History 469 (October, 2014) The exclusion cases draw limitless commentary. Their defenders, if any, are silent. Their detractors occupy a field rich with constitutional spoils. They long ago hollowed out and carried off the core of executive and military orders, legislative acts and judicial decisions. none could wish it otherwise. The cause to right the great exclusion wrong... 2014
Glenn D. Magpantay Sound Barriers Ver. 2.0: the Second Generation of Enforcement of the Language Assistance Provisions (Section 203) of the Voting Rights Act 80 Brooklyn Law Review 63 (Fall, 2014) According to the U.S. Census Bureau, nearly 10% of all Americans speak English less than very well. In some states, such as California, the number is as high as 20%. Asian Americans are one of the fastest-growing minority groups in the nation, estimated to number almost 15.5 million. More and more are becoming citizens and registering to vote.... 2014
Timothy Webster Teemu Ruskola, Legal Orientalism: China, the United States, and Modern Law (Harvard University Press, 2013) 62 American Journal of Comparative Law 811 (Summer 2014) Professor Teemu Ruskola has produced a magisterial account of Western conceptions, preconceptions, and misconceptions of Chinese law from the Enlightenment to the present, with particularly illuminating sections on the nineteenth and early twentieth centuries. Avowedly postcolonial, Legal Orientalism examines the discourses that European... 2014
Jou-Chi Ho The Call for and Role of Asian Lawyers in the Deep South 12 Seattle Journal for Social Justice 843 (Spring, 2014) The Deep South has long held a reputation for having its own system to deal with its matters, especially its racial matters. Widespread racial injustice permeates the history of the Deep South. Generally, however, the discussion of race in the Deep South proceeds from a Black/White binary perspective. Nevertheless, as this country becomes more... 2014
James W. Gordon Was the First Justice Harlan Anti-Chinese? 36 Western New England Law Review 287 (2014) My whole nature responds to the principle of equality of all men before the law, as well as to the principle of the equal protection by the laws for everyone in his personal and property rights. - John Marshall Harlan [T]o be labeled a prophet is to be held to an impossible standard. In many ways, Harlan's views fell short of our current notions... 2014
Shira Morag Levine A "Vital Question of Self-preservation": Chinese Wives, Merchants, and American Citizens Caught in the 1924 Immigration Act 9 Stanford Journal of Civil Rights & Civil Liberties 121 (January, 2013) Introduction. 121 I. Legal and Human Limbo: Exclusion from the United States and Detention on Angel Island. 124 II. Congress's Increasingly Restrictive Chinese Immigration Policy: 1868-1924. 128 III. Legal Battles to Protect Immigration by Chinese Wives, and the Supreme Court's Anomalous 1925 Decisions. 132 IV. Unpacking the Supreme Court's... 2013
Gabriel J. Chin A Chinaman's Chance in Court: Asian Pacific Americans and Racial Rules of Evidence 3 UC Irvine Law Review 965 (December, 2013) Introduction. 966 I. Asians as Untrustworthy Witnesses. 967 A. Competency and Credibility Under State Law. 967 1. Incompetency. 967 2. Credibility. 970 B. Chinese Witnesses Under Federal Law. 972 1. Incompetency. 973 a. Residence certificates. 973 b. Returning merchants. 974 c. Pharmacy workers in China. 975 2. Credibility. 975 II. The Statutory... 2013
Denny Chan An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants 3 UC Irvine Law Review 1281 (December, 2013) Introduction. 1281 I. The Case for Unauthorized Immigration as a Latino Issue. 1282 A. Evidence from the World Wide Web. 1283 B. Legislative Evidence. 1283 C. Public Commentary. 1287 II. Reasons Why Latinos and the Unauthorized Are Conflated. 1288 A. Powerful Numbers and Rapid Growth. 1288 B. Geographic Proximity. 1290 C. Economic Factors. 1290 D.... 2013
Michael Park Asian American Masculinity Eclipsed: a Legal and Historical Perspective of Emasculation Through U.s. Immigration Practices 8 Modern American 5 (Spring, 2013) This Article provides a critical and historical analysis of the impact of U.S. immigration laws and policies in shaping Asian masculinity norms and the emasculation of the Asian male subject. The article begins with a historical introduction to immigration laws that have affected Asian Americans, particularly, Chinese immigrants. The article then... 2013
Yena Lee Asian Americans and Affirmative Action: Through the Study of Fisher V. University of Texas 5 Georgetown Journal of Law & Modern Critical Race Perspectives 127 (Fall, 2013) On October 10, 2012, the Supreme Court heard oral arguments in Fisher v. University of Texas. While many anxiously await the Court's decision, issues surrounding affirmative action have reemerged at the center of social and political debates. Brought by a White female student, Abigail Fisher, whose admission to University of Texas was rejected, the... 2013
Ana Henderson Citizenship, Voting, and Asian American Political Engagement 3 UC Irvine Law Review 1077 (December, 2013) A significant issue for Asian American's civic engagement and political empowerment is access to the ballot and to electoral schemes that allow Asian Pacific Islander American (API) voters to elect representatives of their choice. Because voting in nearly all U.S. jurisdictions is limited to citizens, questions about Asian American voters'... 2013
Vinay Harpalani Desi Crit: Theorizing the Racial Ambiguity of South Asian Americans 69 New York University Annual Survey of American Law 77 (2013) This Article analyzes the racial ambiguity of South Asian Americans--peoples whose ancestry derives from the Indian subcontinent--and has two major aims. First, it provides a comprehensive account of the racialization of South Asian Americans (Desi) a group that legal scholars have not considered at any length in the rubric of American racial... 2013
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