Brendan Williams HOSTILE SHORES: RACIAL EXCLUSION LAWS AND THE WEST COAST 28 Cardozo Journal of Equal Rights & Social Justice 559 (Spring, 2022) I. California and Chinese Exclusion. 562 II. Oregon and Black Exclusionary Laws. 568 III. Washington and Anti-Japanese Laws. 570 IV. The West Coast Origins of Japanese Internment. 572 V. Race and the West Coast Today. 574 2022
Joshua Kastenberg NEITHER CONSTITUTIONALLY DEMANDED NOR ACCURATELY INTERPRETED HISTORY: THE JUDICIAL CONSERVATIVES' POCKMARKED PATHWAY OF MILITARY LAW TO THE UNITARY EXECUTIVE 54 Texas Tech Law Review 451 (Spring, 2022) Introduction. 452 I. Tarble's Case and Beyond: The Scholars of Military Law Empower the Executive. 461 II. Solidification of the Jurisdiction: Tarble's Case and Coleman v. Tennessee. 464 III. William Woolsey Winthrop: Advocate of Expanded Military Jurisdiction. 470 IV. Frederick Bernays Wiener: Supporter for the Internment of United States Citizens... 2022
Dominique Marangoni-Simonsen A Forgotten History: How The Asian American Workforce Cultivated Monterey County's Agricultural Industry, Despite National Anti-asian Rhetoric 27 Hastings Environmental Law Journal 229 (Winter, 2021) This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... 2021
Ronald D. Rotunda and John E. Nowak § 18.8(d)(I)the World WarII Japanese "Restriction" Cases-a Turning Point for "Suspect Classifications" Treatise on Constitutional Law-Substance & Procedure § 18.8(d)(I) (2020) Out of a fear of espionage by Japanese persons in the United States or an invasion by Japanese military, severe restrictions were placed on the rights of persons of Japanese ancestry during World War II. In our Western states Japanese persons, whether aliens or citizens, were subject to detention in guarded camps whether or not they were as... 2020
Eric L. Muller Korematsu, Hirabayashi, and The Second Monster 98 Texas Law Review 735 (March, 2020) It is a trope at least as old as Beowulf: the unexpected second monster. Beowulf arrives in Heorot to take on Grendel, the demon who has been terrorizing the Ring-Danes' mead-hall. He bests the monster in battle and Grendel slinks off, one-armed and bloodied, to die. The Ring-Danes honor Beowulf with a great banquet; he has slaughtered their... 2020
Troy J.H. Andrade, Ryan M. Hamaguchi American Internment 23-MAR Hawaii Bar Journal B.J. 4 (March, 2019) Hawai'i State law designates every January 30 as Civil Liberties and the Constitution Day. Enacted in 2013, this law celebrates, honors, and encourages public education and awareness of the commitment of individuals to preserving civil liberties for Americans of Japanese ancestry [,] particularly after their mass incarceration following the... 2019
Jeremy Chan Chinese American Responses to The Japanese American Internment and Incarceration 16 Hastings Race and Poverty Law Journal 207 (Summer, 2019) After Japan bombed Pearl Harbor in December 1941 and anti-Japanese hysteria increased, Chinese Americans found themselves in a difficult position. Not only were they already victims of exclusion and other racially discriminatory laws, but they also were frequently perceived as Japanese Americans and thus faced anti-Japanese sentiment. Although some... 2019
Amanda L. Tyler Courts and The Executive in Wartime: A Comparative Study of The American and British Approaches to The Internment of Citizens During World WarII and Their Lessons for Today 107 California Law Review 789 (June, 2019) This Article compares and contrasts the legal and political treatment of the detention of citizens during World War II in Great Britain and the United States. Specifically, it explores the detentions as they unfolded, the very different positions that President Franklin D. Roosevelt and Prime Minister Winston Churchill took with respect to the... 2019
Frank H. Wu Necessary but Not Sufficient: Two Case Studies of Government Apologies Failing to Bring Closure 16 Hastings Race and Poverty Law Journal 193 (Summer, 2019) This short essay presents two case studies in obtaining a remedy for an historic wrong: the Congressional passage of the 1988 Civil Liberties Act, paying reparations to Japanese Americans who had been sent to internment camps during World War II; and the Senate and House issuance of Statements of Regret of 2011 and 2012, respectively, for the... 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
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
Sahar F. Aziz A Muslim Registry: The Precursor to Internment? 2017 Brigham Young University Law Review 779 (2017) Being political scapegoats in the indefinite war on terror is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for... 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
Eric K. Yamamoto , Maria Amparo Vanaclocha Berti , Jaime Tokioka Loaded Weapon Revisited: The Trump Era Import of Justice Jackson's Warning in Korematsu 24 Asian American Law Journal 5 (2017) Introduction. 5 I. From 9/11 into the Trump Era. 10 A. 9/11. 10 B. Paris, San Bernardino and the Presidential Campaign--Calls for Sweeping Surveillance, Exclusion, and Detention. 14 C. January 2017 Executive Orders--Religion-Targeting Exclusion and Removal. 18 II. Legal Challenges to the World War II Internment. 23 A. The World War II Supreme Court... 2017
Eric L. Muller Of Coercion and Accommodation: Looking at Japanese American Imprisonment Through A Law Office Window 35 Law and History Review 277 (May, 2017) The episode of injustice we call the Japanese American internment was fundamentally a creation and deployment of law. It was launched by an executive order, enforced by federal statute, litigated in the federal courts, and terminated as a consequence of a Supreme Court decree. The ample legal historiography on the mass removal and imprisonment of... 2017
Debra Ann Ichimura Gass The Art of War: How Japanese Internment Art Was Saved from Auction and Conserved for Posterity 24 Asian American Law Journal 49 (2017) Introduction. 49 I. The Announcement of the Public Online Auction of the Artifacts. 51 II. The Advocacy of Heart Mountain Interpretive Center. 54 A. An Offer That Was Refused, the Rise of Social Media Warfare, and the Devoluton of Negotiations. 55 B. Threatened Litigation: The Draft Complaint. 57 1. The Claims: First Count of Replevin and Second... 2017
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
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
Paul Finkelman Coping with A New "Yellow Peril": Japanese Immigration, The Gentlemen's Agreement, and The Coming of World WarII 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
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
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