AuthorTitleCitationSummaryYear
Mark K. Hanasono Stranded in Japan and the Civil Liberties Act of 1988 Recognition for an Excluded Group of Japanese Americans 6 Asian Law Journal 151 (May, 1999) The United States government provided redress and reparations for many Japanese Americans injured by its constitutional violations during World War II. The United States has failed, however, to address the legitimate claims of Japanese Americans who traveled to Japan for temporary visits before the outbreak of World War II. These Japanese Americans... 1999
Irene Scharf Tired of Your Masses: a History of and Judicial Responses to Early 20th Century Anti-immigrant Legislation 21 University of Hawaii Law Review 131 (Summer, 1999) A story with eerie reminiscences of times past appeared in the National Law Journal this past October. The story, about the case of Soko Bukai v. YWCA of San Francisco, can serve to remind us all of a not-too-distant past that reverberates even today around this nation. Soko Bukai was brought on behalf of 700 members of the Japanese-American... 1999
TAM B. TRAN Using Dsm-iv to Diagnose Mental Illness in Asian Americans 10 Journal of Contemporary Legal Issues 335 (1999) Until the recent development and publishing of DSM-IV, very little attention was paid to the influence of cultural factors on diagnosis of mental disorder. In the past, DSM manuals were formulated according to Western psychiatric ideologies and social influences that often did not correlate with the mental health systems of other cultures. Hence,... 1999
Gil Gott A Tale of New Precedents: Japanese American Internment as Foreign Affairs Law 19 Boston College Third World Law Journal 179 (Fall, 1998) In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... 1998
Gil Gott A Tale of New Precedents: Japanese American Internment as Foreign Affairs Law 40 Boston College Law Review 179 (December, 1998) In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... 1998
Kevin M. Pimentel , Ronnie H. Rhoe Asian America's Greatest Hits: a Review of Angelo Ancheta's Race, Rights, and the Asian American Experience 4 Michigan Journal of Race and Law 169 (Fall 1998) We are the children of the migrant worker We are the offspring of the concentration camp, Sons and daughters of the railroad builder Who leave their stamp on Amerika. Asian Americans have always been on the business end of the stick called history. Alternately and simultaneously characterized as both the eternal foreigner --unwilling and unable... 1998
  Asian Pacific American Law Students Association Statement Regarding the Lawsuit Against the University of Michigan 5 Michigan Journal of Gender & Law 217 (1998) December 3, 1997 The Asian Pacific American Law Students Association at the University of Michigan (APALSA) supports the implementation of affirmative action programs conscious of race, ethnicity, gender and disability. We assert that the lawsuits filed against the University of Michigan's undergraduate and law school admissions programs are... 1998
Caitlin M. Liu Beyond Black and White: Chinese Americans Challenge San Francisco's Desegregation Plan 5 Asian Law Journal 341 (May, 1998) For the past 15 years, San Francisco has taken aggressive measures to desegregate its public schools. Originally conceived to enhance equal education opportunities for racial and ethnic minority children, the desegregation plan has come under increasing attack in recent years for its discriminatory effects on students of Chinese descent, especially... 1998
L. Ling-chi Wang Beyond Identity and Racial Politics: Asian Americans and the Campaign Fund-raising Controversy 5 Asian Law Journal 329 (May, 1998) The campaign finance scandal of 1996, based on my own collection and estimate, has generated no less than 4,000 newspaper and magazine articles between September 1996 and February 1998 on the so-called Asian connection. At the eye of the storm were John Huang and Charlie Yah-lin Trie, two Asian American donors/fundraisers for President Bill... 1998
Taunya Lovell Banks Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building 5 Asian Law Journal 7 (May, 1998) Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls simultaneous racism, where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant... 1998
Anthony S. Wang Demystifying the Asian American Neo-conservative: a Strange and New Political Animal? 5 Asian Law Journal 213 (May, 1998) Asian American neo-conservatives are the product of the 1960s Asian American movement, yet they have diverged in principle from its modern-day progressive flag-bearers. This divergence, Mr. Wang observes, has led to the exclusion of neo-conservatives from the debate over the political direction of Asian Americans. Mr. Wang seeks to de-mystify... 1998
Robert S. Chang Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? 5 Asian Law Journal 41 (May, 1998) Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... 1998
Christine Ann Lobasso Elevation of the Individual: International Legal Issues That Flow from the American Internment of the West Coast Japanese During World War Ii 8 Touro International Law Review 45 (Spring, 1998) The sudden Japanese attack on Pearl Harbor in December of 1941 shocked the United States into war with Japan. This offensive act also induced a fear on the American West Coast that blended with preexistent anti-Asian sentiment to culminate in an incident that can best be described as a suspension of the civil liberties of approximately 112,000 West... 1998
Judy Scales-Trent Equal Rights Advocates: Addressing the Legal Issues of Women of Color 13 Berkeley Women's Law Journal 34 (1998) On February 21, 1991, reporters and television cameras crowded into a small conference room in San Francisco to hear an announcement by representatives of three local public interest law firms--Asian Law Caucus (ALC), Mexican American Legal Defense and Education Fund (MALDEF), and Equal Rights Advocates (ERA). The media had come to hear about... 1998
Joyce Kuo Excluded, Segregated and Forgotten: a Historical View of the Discrimination of Chinese Americans in Public Schools 5 Asian Law Journal 181 (May, 1998) Separate but equal public schooling is less often identified with the Asian American struggle for equality, but as Ms. Kuo documents, the Chinese American community in San Francisco was engaged in a protracted struggle for access to educational facilities from which they were legally excluded. In an environment hostile to Orientals, attempts to... 1998
Margaret M. Russell Foreword: Law in Living Color 5 Asian Law Journal 1 (May, 1998) When asked by the editors of the Asian Law Journal to serve as guest editors for a special symposium issue on race, law, and film, Professor Margaret Chon and I welcomed the opportunity for a number of reasons. First, the Asian Law Journal occupies a singular position among law reviews in its explicit commitment to foster scholarship focusing on... 1998
Julie Yuki Ralston Geishas, Gays and Grunts: What the Exploitation of Asian Pacific Women Reveals about Military Culture and the Legal Ban on Lesbian, Gay and Bisexual Service Members 16 Law & Inequality: A Journal of Theory and Practice 661 (Summer 1998) In September 1995, two U.S. Marines and a U.S. Navy seaman gang-raped a twelve-year-old Japanese girl in Okinawa, Japan, where the men were stationed. This rape brought international attention to the extensive U.S. military presence in the Pacific, including Japan, South Korea, Thailand, and until recently, the Philippines. Also, the rape initially... 1998
Lucy Salyer, University of New Hampshire Hyung-chan Kim, a Legal History of Asian Americans, 1790-1990, Westport, Ct 16 Law and History Review 440 (Summer, 1998) This work is part of the author's larger ongoing scholarly investigation into the treatment of Asian Americans by Congress and the Supreme Court. The book's intended audience is undergraduates in Asian American Studies courses and the aim is to provide them with an overview of congressional and judicial policies affecting Asian Americans, a topic... 1998
Edward M. Chen Introduction to Petition to U.s. Commission on Civil Rights 5 Asian Law Journal 353 (May, 1998) Since their immigration to this nation over a century ago, Asian Pacific Americans, like other racial minorities, have had to deal with debilitating and dehumanizing stereotypes. The most dominant and persistent perception is that of foreigners to America, a perception that pervades the experience of Asian Pacific Americans no matter how long and... 1998
Natsu Taylor Saito Justice Held Hostage: U.s. Disregard for International Law in the World War Ii Internment of Japanese Peruvians - a Case Study 19 Boston College Third World Law Journal 275 (Fall, 1998) The federal government will pay $5,000 settlements and issue an apology to Japanese who were taken from their homes in Latin America and held in U.S. internment camps during World War II, a Justice Department official said Thursday. More than 2,200 Latin Americans, most of them of Japanese ancestry and a majority from Peru, forcibly were brought to... 1998
Natsu Taylor Saito Justice Held Hostage: U.s. Disregard for International Law in the World War Ii Internment of Japanese Peruvians - a Case Study 40 Boston College Law Review 275 (December, 1998) The federal government will pay $5,000 settlements and issue an apology to Japanese who were taken from their homes in Latin America and held in U.S. internment camps during World War II, a Justice Department official said Thursday. More than 2,200 Latin Americans, most of them of Japanese ancestry and a majority from Peru, forcibly were brought to... 1998
Donna R. Lee Mail Fantasy: Global Sexual Exploitation in the Mail-order Bride Industry and Proposed Legal Solutions 5 Asian Law Journal 139 (May, 1998) Ms. Lee asserts that the trade in Asian mail-order brides is premised on the male consumer's racialized expectations of sexual and domestic labor services to be provided within the privacy of the home. The mail-order bride industry rests on the same foundation as the more visible trade in military prostitution and sex tourism--exploitation of the... 1998
Elizabeth M. Iglesias Out of the Shadow: Marking Intersections in and Between Asian Pacific American Critical Legal Scholarship and Latina/o Critical Legal Theory 19 Boston College Third World Law Journal 349 (Fall, 1998) Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... 1998
Elizabeth M. Iglesias Out of the Shadow: Marking Intersections in and Between Asian Pacific American Critical Legal Scholarship and Latina/o Critical Legal Theory 40 Boston College Law Review 349 (December, 1998) Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... 1998
Kevin R. Johnson Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness 73 Indiana Law Journal 1111 (Fall, 1998) L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 19 Boston College Third World Law Journal 477 (Fall, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 40 Boston College Law Review 477 (December, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
  Rethinking Racial Divides: Asian Pacific Americans and the Law 4 Michigan Journal of Race and Law 193 (Fall 1998) While the dialogue on race in the United States has intensified in recent years, this discussion remains focused primarily on the relationship between Blacks and Whites. Consequently, this bipolar dialogue often discounts the experiences of other racial and ethnic minorities and marginalizes the issues facing these groups. Asian Pacific Americans... 1998
Gabriel J. Chin , Sumi K. Cho , Marina C. Hsieh , Deborah C. Malamud Rethinking Racial Divides--panel on Affirmative Action 4 Michigan Journal of Race and Law 195 (Fall 1998) Professor Malamud: Organizing this conference has been only one part of the activist social practice that the Asian Pacific American law student community has been involved in at Michigan this year. The planning for this conference predates the now-pending law suits against the University of Michigan Law School's affirmative action program. And... 1998
Margaret Chon Acting upon Immigrant Acts: on Asian American Cultural Politics by Lisa Lowe 76 Oregon Law Review 765 (Fall 1997) How might a literature professor converse with a law professor about law? Selecting what I think are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, I meditate on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of... 1997
Natsu Taylor Saito Alien and Non-alien Alike: Citizenship, "Foreignness," and Racial Hierarchy in American Law 76 Oregon Law Review 261 (Summer 1997) I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289... 1997
Anthony S. Chen Beyond Modernism and Postmodernism: Working Notes Towards an Asian American Legal Scholarship 4 Asian Law Journal 97 (May, 1997) The author argues that if Asian American legal scholarship should not stake itself exclusively on anti-foundationalist poststructuralist epistemology because it places specific political and epistemological limits on the capacity of racialized and minoritized communities to pursue social justice. He further suggests that the zone of critical... 1997
Frank H. Wu Changing America: Three Arguments about Asian Americans and the Law, 45 Am. U. L. Rev. 811 (1996). 4 Asian Law Journal 202 (May, 1997) Frank Wu identifies the dramatic demographic shift taking place in America and argues that these changes present complexities of multiple races and contradictions of multiculturalism, to which the law has responded ineffectively. In suggesting that racial realities must be recognized at a descriptive level, the essay presents three independent but... 1997
Harvey Gee Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate 32 Gonzaga Law Review 621 (1996-1997) I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... 1997
Lance T. Izumi Confounding the Paradigm: Asian Americans and Race Preferences 11 Notre Dame Journal of Law, Ethics & Public Policy 121 (1997) For supporters of government race-preference programs, there has been an almost irresistible urge to paint opponents of race preferences as acting not on principle, but on base opportunism. For example, California Governor Pete Wilson's opposition to race preferences is frequently cited as owing more to politics than to firmly held belief. And... 1997
Keith Aoki Critical Legal Studies, Asian Americans in U.s. Law & Culture, Neil Gotanda, and Me 4 Asian Law Journal 19 (May, 1997) The author offers a personal reflection on how Neil Gotanda's contributions to Asian American legal scholarship helped him become Asian American when the author used Gotanda's writings and teaching materials for a class. I was born in 1955, but did not become an Asian American until sometime during the summer of 1994. Please allow me to explain... 1997
Eric K. Yamamoto Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-civil Rights America 95 Michigan Law Review 821 (February, 1997) At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs... 1997
Ming W. Chin Keynote Address: "Fairness or Bias?: a Symposium on Racial and Ethnic Composition and Attitudes in the Judiciary" 4 Asian Law Journal 181 (May, 1997) Good afternoon, ladies and gentlemen. I would like to thank Asian Law Journal for its gracious invitation to speak with you today. At a conference called Diversity and Unity in America at the University of Texas, William Raspberry, a columnist for the Washington Post, was asked the following question: Are race relationships getting better or... 1997
Enid Trucios-Haynes Latino/as in the Mix: Applying Gotanda's Models of Racial Classification and Racial Stratification 4 Asian Law Journal 39 (May, 1997) The author acknowledges the pioneering effect Professor Neil Gotanda's work has had on the discussion of racial discourse to include the racial oppression of Asian/Pacific Islander Americans. According to the author, Professor Gotanda's analytical model to examine the social practice of race contains three elements. Moreover, Professor Gotanda's... 1997
Natsu Taylor Saito Model Minority, Yellow Peril: Functions of "Foreignness" in the Construction of Asian American Legal Identity 4 Asian Law Journal 71 (May, 1997) Those of Asian descent are often portrayed as the model minority. However, the very same elements which comprise the model minority can also be read as components of the yellow peril. The author argues that Neil Gotanda's concept of foreignness rectifies the contradictory images simultaneously attributed to Asian Americans. By characterizing... 1997
Jerry Kang Negative Action Against Asian Americans: the Internal Instability of Dworkin's Defense of Affirmative Action, 31 Harv. C.r.-c.l. L. Rev. 1 (1996). 4 Asian Law Journal 197 (May, 1997) This article examines preferential student admissions into educational institutions. Kang explores the tensions between traditional liberals' acceptance of preferential admissions for racial minorities and their general rejection of admission ceilings on minorities such as Asian Americans. This tension guides Kang's inquiry onto broader, more... 1997
Gary Minda Neil Gotanda and the Critical Legal Studies Movement 4 Asian Law Journal 7 (May, 1997) In this essay, the author tells of the historical development of Critical Legal Studies during the 1980s. It is from this background that Neil Gotanda and others developed the base for the Asian American legal studies movement. Although there is now a deeper understanding of how discrimination works within different cultural communities because of... 1997
Neil Gotanda Race, Citizenship, and the Search for Political Community among "We the People" 76 Oregon Law Review 233 (Summer 1997) this article was originally written in 1986-1987 for a Black Law Journal symposium at U.C. Berkeley examining the Preamble to the United States Constitution. The reference in the title to We the People is to the symposium theme. The symposium issue was never published. Faced with what I perceived to be a lack of interest in Asian American issues... 1997
Kevin R. Johnson Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? 76 Oregon Law Review 347 (Summer 1997) A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... 1997
Alfred Chueh-Chin Yen The Diversity among Us 19 Western New England Law Review 36 (1997) The first thing I want to say is that I will be talking about different groups, Asian-Americans, Latinos, African-Americans, and I realize that every one of those communities is very diverse. I therefore want to make it clear that I am not using these terms to herd us all into some kind of monolithic cookie-cutter mold. I am instead simply trying... 1997
Chris K. Iijima The Era of We-construction: Reclaiming the Politics of Asian Pacific American Identity and Reflections on the Critique of the Black/white Paradigm 29 Columbia Human Rights Law Review 47 (Fall 1997) My six-year-old half-Asian son has just had his first Ching Chong Chinaman taunting in school. I was expecting it, but it threw me off-balance nevertheless. He said it hurt his feelings and asked me for answers. I, of course, had none. I thought about what the appropriate response was for a six-year-old whose new consciousness of racism had begun... 1997
Lisa C. Ikemoto The Fuzzy Logic of Race and Gender in the Mismeasure of Asian American Women's Health Needs 65 University of Cincinnati Law Review 799 (Spring 1997) It is said that if you have your health, you have everything. This common wisdom expresses recognition that physical and mental health premise much of what we are, what we can do, and what we need. Status, wealth, and health are very closely linked. In part, status and wealth are interdependent with health. The Americans with Disabilities Act... 1997
Joel B. Grossman The Japanese American Cases and the Vagaries of Constitutional Adjudication in Wartime: an Institutional Perspective 19 University of Hawaii Law Review 649 (Fall 1997) Notwithstanding the worldwide emergence of constitutions and constitutionalism, the proliferation of constitutional courts with powers of judicial review, and the spread of the rights revolution and concerns for international human rights, rights are always at risk in wartime and other national security crises. It has been said, perhaps with some... 1997
Alfred C. Yen A Statistical Analysis of Asian Americans and the Affirmative Action Hiring of Law School Faculty 3 Asian Law Journal 39 (May, 1996) Law schools have long implemented affirmative action faculty hiring practices to remedy past discrimination, increase diversity, and provide role models for students of color. However, there is a growing sense among the relatively few Asian American law faculty that Asian Americans are not included in affirmative action hiring efforts. The author... 1996
Kenzo S. Kawanabe American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past 10 Georgtown Immigration Law Journal 681 (Summer, 1996) These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... 1996
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