| Author | Title | Citation | Summary | Year |
| Harvey Gee |
Judicial Perspective and Mentorship at the Supreme Court: a Review Essay on in Chambers: Stories of Supreme Court Law Clerks and Their Justices, Edited by Todd C. Peppers and Artemus Ward |
51 Duquesne Law Review 217 (Winter, 2013) |
I. Introduction. 217 II. The Origins of the Mentorship Relationship. 219 III. The First Female Law ClerkB and the First African American Law Clerk. 225 IV. The Modern Supreme Court Clerkship. 231 V. The Increase of Asian American Jurists on the Federal Bench and the Possible Nomination of an Asian American to the U.S. Supreme Court. 238 VI.... |
2013 |
| Lee Ann S. Wang |
Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women |
3 UC Irvine Law Review 1221 (December, 2013) |
Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 |
2013 |
| Julian Lim |
Reconceptualizing Asian Pacific American Identity at the Margins |
3 UC Irvine Law Review 1151 (December, 2013) |
Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... |
2013 |
| Ming Hsu Chen, Taeku Lee |
Reimagining Democratic Inclusion: Asian Americans and the Voting Rights Act |
3 UC Irvine Law Review 359 (May, 2013) |
Introduction. 359 I. Voting Rights Act, Section 2: Minority Voting Dilution and Protection of Communities of Common Interest. 362 II. Democratic Inclusion and Demographic Diversity. 376 A. Advancing Understanding of Modern Diversity. 376 B. Adapting the Black-White Paradigm to Modern Diversity. 379 III. Asian Americans as a Negative Case:... |
2013 |
| Priyang Baxi, Ami Gandhi |
South Asian American Civic Engagement: Opportunity for Impact |
6 DePaul Journal for Social Justice 153 (Spring 2013) |
As one of the most rapidly growing racial groups in Illinois and the country, South Asian Americans are increasingly interested in having a voice - from voting on Hindi ballots for the first time in the 2012 elections to speaking out on hate crimes, immigration, health care, economic conditions, and other issues that affect their daily lives. South... |
2013 |
| Mary Fan |
The Case for Crimmigration Reform |
92 North Carolina Law Review 75 (December, 2013) |
The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... |
2013 |
| Robert S. Chang |
The Invention of Asian Americans |
3 UC Irvine Law Review 947 (December, 2013) |
Introduction. 947 I. Race Is What Race Does. 950 II. The Invention of the Asian Race. 952 III. The Invention of Asian Americans. 956 IV. Racial Triangulation, Affirmative Action, and the Political Project of Constructing Asian American Communities. 959 Conclusion. 964 |
2013 |
| Trina Jones |
The Significance of Skin Color in Asian and Asian-american Communities: Initial Reflections |
3 UC Irvine Law Review 1105 (December, 2013) |
Introduction. 1105 I. Skin Color and African Americans. 1109 II. Skin Color in Asian and Asian-American Communities. 1113 A. Skin Color and Class. 1114 B. Skin Color, Gender, and Beauty. 1116 C. Skin Color and National Origin. 1119 Observations and Conclusions. 1120 |
2013 |
| Nary Kim |
Too Smart for His Own Good? The Devolution of a "Model" Asian American Student |
20 Asian American Law Journal 83 (2013) |
Introduction. 83 I. Art Imitates Life. 85 A. Better Luck Tomorrow. 85 B. The Real-life Murder of Stuart Tay. 88 II. The Model Minority Mythology. 89 A. The Origins of the Mythology. 90 B. Criminal Implications of the Model Minority Mythos. 91 III. The Yellow Peril Mythology. 94 A. The Rise of Asian American Gangs. 95 B. The Rise of Asian... |
2013 |
| Pat K. Chew |
A Case of Conflict of Cultures: End-of-life Decision Making among Asian Americans |
13 Cardozo Journal of Conflict Resolution 379 (Spring 2012) |
Our culture is the lens through which we see the world. It provides an explanatory model for the way we think and the way we behave. It indicates our values and norms, even when we are not deliberately thinking about them. It shapes the logic we have for explaining life experiences and influences our decision making. Culture is especially... |
2012 |
| Ross Johnson |
A Monolithic Threat: the Anti-sharia Movement and America's Counter-subversive Tradition |
19 Washington and Lee Journal of Civil Rights and Social Justice 183 (Fall, 2012) |
I. Introduction. 183 II. Sharia Law: Myths and Realities. 187 III. The War on Terror and the Rise of the Anti-Sharia Movement. 189 IV. The Anti-Sharia Movement within State Legislatures. 193 V. Executive Order 9066 and the Anti-Japanese Backlash of World War II.. 199 A. Military Necessity: Government Justification for the Camps. 200 B. Disloyal and... |
2012 |
| Xuan-Thao Nguyen |
Apologies as Intellectual Property Remedies: Lessons from China |
44 Connecticut Law Review 883 (February, 2012) |
It is a frequent refrain that the world is shrinking. In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different. One notable aspect of... |
2012 |
| Sumi Cho |
Becoming Asian American and the Magic of Historical Accident |
90 Oregon Law Review 1203 (2012) |
I. Accident by First Job Choices: Starting out at the U of O in the Era of Diversity. 1205 II. Accident by Birth: Growing up Asian American in the Post-War Midwest. 1208 III. Accident by Profession: Crossing the Twentieth-Century Color Line in Law Teaching. 1213 |
2012 |
| Frank H. Wu |
Becoming Asian American: an Interview with Keith Aoki |
45 U.C. Davis Law Review 1609 (June, 2012) |
Keith Aoki and I were friends. He and I had in common, among other things, that we both came from Detroit, a place that exemplifies so much of what is great about twentieth-century America and what is tragic too, from the advent of the assembly line and the success of the labor movement to racial segregation, white flight, suburban sprawl, and... |
2012 |
| |
Editor's Note |
19 Asian American Law Journal 1 (2012) |
At last year's Advancing Justice Conference hosted by the Asian Law Caucus, Jose Antonio Vargas reminded us in his keynote speech that the very question of who an American is and what an American looks like is not just black or white. In this volume, the Asian American Law Journal strives to remind our community that who an Asian American is and... |
2012 |
| Steven W. Bender |
En Paz Descanse: Remembering Keith Aoki's Contributions Toward Latina/o Equality |
90 Oregon Law Review 1265 (2012) |
In memorializing and celebrating Keith's treasure trove of scholarly contributions, we organized the Oregon Symposium around the three subjects of intellectual property, Asian American jurisprudence, and critical geography/local government. Still, it was impossible to capture the breadth and depth of Keith's scholarly work in three panels, in a... |
2012 |
| Richard Delgado |
Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups |
112 Columbia Law Review 1883 (November, 2012) |
The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... |
2012 |
| Kathryn A. Bannai |
Gordon Hirabayashi V. United States: "This Is an American Case" |
11 Seattle Journal for Social Justice 41 (Summer, 2012) |
Gordon Hirabayashi was a twenty-four-year-old senior at the University of Washington in the spring of 1942 when he--along with over 110,000 Japanese Americans --was subjected to curfew and ordered to report for removal from the West Coast. He knew that the orders were wrong and that he could not comply. On May 13, 1942, he authored a statement in... |
2012 |
| Michele Park Sonen |
Healing Multidimensional Wounds of Injustice Intersectionality and the Korean "Comfort Women" |
22 Berkeley La Raza Law Journal 269 (2012) |
On a frigid January day in 2010, Yi Ok Sun and fellow Korean comfort women survivors marched in protest outside the Japanese Embassy in Seoul. Every Wednesday since 1992, through the many unforgiving winters and the relentless summers, survivors - who are now in their seventies and eighties - supporters, and activists march, demanding... |
2012 |
| Roel Mangiliman , Myron Dean Quon |
In the Margins: How Mainstream Legal Advocacy Strategies Fail to Fully Assist Asian American, Native Hawaiian, and Pacific Islander Lgbt Youth |
19 Asian American Law Journal 5 (2012) |
Introduction: Charlene Nguon. 6 I. Who are Asian American, Native Hawaiian, and Pacific Islander Lesbian Gay Bisexual Transgender Youth?. 9 A. Demographics. 10 B. Racism and Homophobia. 12 II. Mainstream Legal Strategies. 14 A. LGBT Legal Strategies. 14 B. APA Legal Strategies. 16 III. How Mainstream Legal Strategies Fail To Empower APA LGBT Youth.... |
2012 |
| Michael W. McCann |
Inclusion, Exclusion, and the Politics of Rights Mobilization: Reflections on the Asian American Experience |
11 Seattle Journal for Social Justice 115 (Summer, 2012) |
Without a doubt the greatest honor of my professional life has been my serendipitous association with the legacy of Gordon Hirabayashi, a man whom I met only once. For over a decade, I have held the professorship at the University of Washington that was named to honor Dr. Hirabayashi, and made possible by the financial generosity and love of many... |
2012 |
| Lorraine K. Bannai |
Introduction: the 25th Anniversary of the United States V. Hirabayashi Coram Nobis Case: its Meaning Then and its Relevance Now |
11 Seattle Journal for Social Justice 1 (Summer, 2012) |
On February 11, 2012, we gathered to remember an extraordinary man, Gordon Hirabayashi, and his successful, decades-long, fight for justice. During World War Il, Gordon, then a 22-year-old college student, chose to defy the curfew and exclusion orders that culminated in the mass incarceration of over 110,000 West Coast Japanese Americans. In one of... |
2012 |
| Jane Tanimura, Helen Tran, Annette Wong |
The Case for an Asian American Law Professor: an Epistolary among Three Asian American Student Activists at the University of Southern California Gould School of Law |
21 Southern California Review of Law & Social Justice 469 (Spring 2012) |
We were troubled when, as second-year law students and members of our school's Asian Pacific American Law Students Association (APALSA), we discovered that there was not a single tenure-track Asian American professor at our law school. In turn, in the fall of 2010, APALSA began to direct its attention to this obvious absence, and spread awareness... |
2012 |
| Eric K. Yamamoto |
The Evolving Legacy of Japanese American Internment Redress: next Steps We Can (And Should) Take |
11 Seattle Journal for Social Justice 77 (Summer, 2012) |
The Fred T. Korematsu Center for Law and Equality's conference on Gordon Hirabayashi's life and contributions to civil liberties is both timely and significant. It is timely because Gordon recently passed on, and he was a man of extraordinary conviction and quiet courage. In challenging the United States government and its mass racial internment,... |
2012 |
| Eugene Lee, Max Mizono |
The Taraval Hate Crime |
19 Asian American Law Journal 117 (2012) |
On December 3, 2010, Matthew M., the perpetrator in one of San Francisco's most publicized hate crimes, the Taraval Hate Crime, appeared in San Francisco County Superior Court to expunge his criminal record stemming from his role in the incident. Though this unprovoked attack by white teenagers against Asian American teenagers in San Francisco's... |
2012 |
| Peter H. Huang , University of Colorado Law School |
Tiger Cub Strikes Back: Memoirs of an Ex-child Prodigy about Legal Education and Parenting |
1 British Journal of American Legal Studies 297 (Fall, 2012) |
I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses... |
2012 |
| Cecilia Chen , Andrew Leong |
We Have the Power to Make Change: the Role of Community Lawyering in Challenging Anti-Asian Harassment at South Philadelphia High School |
19 Asian American Law Journal 61 (2012) |
The events leading up to the South Philadelphia High School (SPHS) Anti-Harassment Campaign--where several students of different races were assaulted, racial epithets were used, physical and emotional scars were created, and the consequences were met with complete denial from school administrators--hearken us back to a time period many Americans... |
2012 |
| Marie A. Failinger |
Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court |
17 Michigan Journal of Race and Law 217 (Spring 2012) |
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend... |
2012 |
| Jeffrey L. Gower, J.D. , University At Buffalo - Suny |
As Dumb as We Wanna Be: U.s. H1-b Visa Policy and the "Brain Blocking" of Asian Technology Professionals |
12 Rutgers Race & the Law Review 243 (2011) |
American business interests face increasing difficulties as they attempt to compete in global technology-based industries. As the educational system in the U.S. is now producing fewer trained technology workers, many firms are looking to recruit professionals from foreign countries such as China and other Asian countries with an abundance of... |
2011 |
| Terry Ao Minnis |
Asian Americans & Redistricting: the Emerging Voice |
13 Journal of Law in Society 23 (Fall, 2011) |
C1-2Table of Contents I. Introduction. 23 II. Overview of Redistricting Principles and Tools for Communities of Color. 26 A. Section 2 of the Voting Rights Act. 27 B. Section 5 of the Voting Rights Act. 30 III. Redistricting and Asian Americans. 32 A. Minority Coalition Districts. 34 B. Communities of Interest. 36 IV. Michigan Case Study. 38 V.... |
2011 |
| Shawn Ho |
Co-synthesis of Dynamics Behind the Dearth of Asian American Law Professors: a Unique Narrative |
18 Asian American Law Journal 57 (2011) |
When his faculty directed him not to hire an Asian American woman as a law professor, the law Dean resigned in protest. Professor Derrick A. Bell, Jr., then Dean of the University of Oregon Law School, quit at the end of a tumultuous two-hour faculty meeting on February 6, 1985, after his staff decided against hiring the Asian American woman a... |
2011 |
| Paul Park, Editor-in-Chief |
Editor's Note |
18 Asian American Law Journal 1 (2011) |
During the Q&A of Professor Rose Villazor's Neil Gotanda Lecture, titled Law and Memory: What Asian American Jurisprudence Reminds Us about Citizenship, Immigration & Identity (publication forthcoming in Volume 19, 2012), Boalt Professor Ian Haney Lopez posed the following question: given the prior cases affecting Asian Americans, is what we're... |
2011 |
| Frank H. Wu |
Justice Through Pragmatism and Process: a Tribute to Judge Denny Chin |
79 Fordham Law Review 1497 (March, 2011) |
Judge Denny Chin has distinguished himself as a great trial judge. Although his unique status, as the first Asian American named a U.S. District Judge east of the Mississippi, and his unusual personal background, having grown up in a one-room apartment above an adult theatre in New York City, have attracted considerable attention, his extensive... |
2011 |
| Claire Jean Kim |
President Obama and the Polymorphous 'Other' in U.s. Political Discourse |
18 Asian American Law Journal 165 (2011) |
At the Asian American Law Journal Symposium at Berkeley Law last spring, I displayed two pictures from two presidential contests twenty years apart. Only a few in the audience, composed mostly of twenty-something-year-old law students, recognized the first picture as a mug shot of Willie Horton, the black convicted felon featured in the Republican... |
2011 |
| Roger Daniels |
The Japanese American Incarceration Revisited: 1941-2010 |
18 Asian American Law Journal 133 (2011) |
What follows is largely an oft-told tale, but it is a tale modified by being told in post-9/11 America. What you see depends on where you stand. First it is in order to provide a reminder of what happened to Japanese Americans after the United States was attacked by Japan in December 1941 and her allies, Germany and Italy declared war on the United... |
2011 |
| Keith Aoki |
The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" |
44 U.C. Davis Law Review 897 (February, 2011) |
Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... |
2011 |
| Ming H. Chen |
Alienated: a Reworking of the Racialization Thesis after September 11 |
18 American University Journal of Gender, Social Policy and the Law 411 (2010) |
I. Introduction. 412 II. Racialization Thesis: Post-September 11 Responses to Arabs, Muslims, and South Asians. 414 A. Processes of Racial Formation. 415 B. Orientalism and the Perpetual Foreigner Motif. 417 III. Alienation: A Reworking of the Racialization Thesis. 420 A. Definition of Alienation. 420 B. Specific Instances of Alienation after... |
2010 |
| Harvey Gee |
Asian Americans and Criminal Law and Criminal Procedure: a Missing Chapter from the Race Jurisprudence Anthology |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 185 (Fall, 2010) |
The issue of Asian American youth gangs has received scant attention from the media and law enforcement; but on a personal level, I have always been aware that Asian Americans are affected by crime and the criminal justice system. Like many Asian Americans growing up in San Francisco during the 1970s and 1980s, I was aware of the existence of... |
2010 |
| Giyang An |
Enhancing the Effectiveness of Mediation in Korean-american Family Disputes: Cultural Sensitivity Training for Mediators and Co-mediation Teams |
11 Cardozo Journal of Conflict Resolution 557 (Spring 2010) |
The old Korean proverb--if the hen crows, the home is in ruins -- reflects a traditional notion in Korean society: a female who deviates from her socially prescribed role causes disharmony in the social order. The proverb originates from Confucianism--the philosophy that has guided Korea since the fourteenth century--and that continues to have... |
2010 |
| Eric L. Muller |
Hirabayashi and the Invasion Evasion |
88 North Carolina Law Review 1333 (May, 2010) |
This Article presents archival evidence demonstrating that government lawyers made a crucial misrepresentation to the United States Supreme Court in the case of Hirabayashi v. United States, 320 U.S. 81 (1943), the case that upheld the constitutionality of a racial curfew imposed on Japanese Americans in World War II. While the government's... |
2010 |
| Roy L. Brooks, Kirsten Widner |
In Defense of the Black/white Binary: Reclaiming a Tradition of Civil Rights Scholarship |
12 Berkeley Journal of African-American Law & Policy 107 (2010) |
One of the central tenets of several legal theories that oppose the received tradition in Anglo-American law--particularly, Critical Race Theory as configured primarily by Richard Delgado and Jean Stefancic, Latino/a Critical Legal Studies (LatCrit), Asian/Crit Theory, and QueerCrit Theory (hereinafter collectively referred to as critical theory... |
2010 |
| William Y. Chin |
Linguistic Profiling in Education: How Accent Bias Denies Equal Educational Opportunities to Students of Color |
12 Scholar: St. Mary's Law Review on Minority Issues 355 (Symposium 2010) |
Abstract. 356 I. Introduction. 357 II. Accent Bias in Education Exists. 358 A. Bias Against Black Speakers. 359 B. Bias Against Asian Speakers. 361 C. Bias Against Latina/o Speakers. 362 D. Bias Against Arab Speakers. 363 III. Accent Bias Negatively Affects Accented Students of Color. 364 A. Accented Students Are Denied Access to Charter Schools.... |
2010 |
| Neil Gotanda |
New Directions in Asian American Jurisprudence |
17 Asian American Law Journal 5 (2010) |
Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... |
2010 |
| Won Kidane |
The Alienage Spectrum Disorder: the Bill of Rights from Chinese Exclusion to Guantanamo |
20 Berkeley La Raza Law Journal 89 (2010) |
More than one hundred years of American jurisprudence suggests that some aliens are more alien than others. As such, their rights may be understood as lying along a spectrum ranging from those whose sole contact with the United States is with United States authorities located in a foreign territory to those who have resided in the United States for... |
2010 |
| Leti Volpp |
The Excesses of Culture: on Asian American Citizenship and Identity |
17 Asian American Law Journal 63 (2010) |
In his book, Contagious Divides: Epidemics and Race in San Francisco's Chinatown, the historian Nayan Shah writes that from the mid-1800s to the early twentieth century, Chinese immigrants to San Francisco were characterized repeatedly in terms of excess: of the diseases they were believed to have spawned (smallpox, leprosy, tuberculosis,... |
2010 |
| Deenesh Sohoni , Amin Vafa |
The Fight to Be American: Military Naturalization and Asian Citizenship |
17 Asian American Law Journal 119 (2010) |
In 1862, Congress passed legislation granting foreigners serving in the U.S. military the right to expedited naturalization. Although driven by pragmatic concerns, military naturalization served as a powerful symbolic message: those willing to fight for the United States are worthy of its citizenship. At the same time, military naturalization... |
2010 |
| K. Scott Wong |
The Opening of the Law in the Pursuit of Asian American History |
13 Journal of Gender, Race and Justice 325 (Winter 2010) |
For those of us who work in the field of Asian American history, we have long confronted the issues and consequences of White supremacy, exclusion, the erasure of Asian Americans from the national historical consciousness, and the marginalization of our efforts in the American academy. Fortunately, a handful of scholars/activists has kept our... |
2010 |
| Joseph C. Mauro |
Wartime Prejudice Against Persons of Italian Descent: Does the Civil Liberties Act of 1988 Violate Equal Protection? |
15 Michigan Journal of Race and Law 445 (Spring 2010) |
Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as... |
2010 |
| |
Alienation of Hawaiian Land |
123 Harvard Law Review 302 (November, 2009) |
In recent years, the United States has apologized for some of the unfortunate aspects of its history. Since 1988, Congress has passed resolutions apologizing for the internment of Japanese-Americans, for the U.S. role in overthrowing the Kingdom of Hawaii, and for slavery and racial segregation. A proposed congressional apology to Native Americans... |
2009 |
| Vinay Harpalani |
Ambiguity, Ambivalence, and Awakening: a South Asian Becoming "Critically" Aware of Race in America |
11 Berkeley Journal of African-American Law & Policy 71 (2009) |
Japanese Beetle! Japanese Beetle! It is the fall of 1979, and my earliest memories of kindergarten class are not so pleasant. Several young children are darting around me in circles, repeatedly yelling, Japanese Beetle! At a mere five years of age, I understood all too acutely that I was the object of relentless teasing, but I did not think... |
2009 |