AuthorTitleCitationSummaryYearKey Terms in Title
Huyen Pham, Joseph Thai AFFIRMATIVE ACTION'S ASIAN AMERICAN PROBLEM 57 Loyola of Los Angeles Law Review 587 (Summer, 2024) Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle... 2024  
Michael H. LeRoy EMANCIPATING COLLEGE ATHLETES FROM AMATEURISM UNDER THE FAIR LABOR STANDARDS ACT 45 Berkeley Journal of Employment and Labor Law 119 (2024) When an appellate court ruled that amateur athletics involves work outside the Fair Labor Standards Act (FLSA) in Berger v. National Collegiate Athletic Association it relied on Vanskike v. Peters, where a prisoner lost his FLSA case for minimum wages. Vanskike invoked the Thirteenth Amendment's slavery exception, which allows for compulsory prison... 2024  
Kristen Paige Green LETTERS TO SOLEIL: REPRODUCTIVE REPARATIONS AS BLACK MATERNAL JUSTICE 112 Georgetown Law Journal 1543 (June, 2024) C1-3Table of Contents L1-2Introduction . L31544 I. State of Black Maternal Mortality. 1546 a. state of black pregnancy. 1547 b. state of black childbirth. 1550 c. state of black postpartum. 1552 II. Maternity and Misogynoir. 1554 a. othering the black mother. 1554 b. labeling the black mother. 1556 c. commodifying the black mother. 1560 III. Modern... 2024  
Ahilan T. Arulanantham REVERSING RACIST PRECEDENT 112 Georgetown Law Journal 439 (March, 2024) The Supreme Court has long read the Constitution to prohibit state action motivated by racial animus. Courts have applied that prohibition to various forms of governmental decisionmaking, from the individual decisions of judicial officers to constitutional amendments enacted by states. Yet courts have not applied it to their own precedent. No... 2024  
Taonga Leslie , Claire Comey THE PROMISE OF LIVED EXPERIENCE: ASSESSING RACE AND MERIT AFTER SFFA 20 Northwestern Journal of Law & Social Policy 58 (Fall, 2024) 70 years after Brown, students of color remain underrepresented in U.S. colleges and universities and in professions like law, medicine, business, and academia, which, in turn, drives inequitable social and economic outcomes. Recent Supreme Court decisions threaten to further exacerbate this inequity by preventing schools from considering race when... 2024  
Justin Driver THE STRANGE CAREER OF ANTISUBORDINATION 91 University of Chicago Law Review 651 (April, 2024) Constitutional scholars have long construed the Equal Protection Clause as containing two dueling visions: anticlassification and antisubordination. Scholars advancing the first view contend that the Clause prohibits the government from racially classifying people. But scholars promoting the second view argue that racial classifications are... 2024  
Kyle C. Velte THE SUPREME COURT'S GASLIGHT DOCKET 96 Temple Law Review 391 (Spring, 2024) The U.S. Supreme Court's new conservative supermajority is gaslighting the American public. This Article takes a systematic look at key cases from the Court's October 2021 Term through the lens of gaslighting. It describes these cases as being part of what it dubs the Court's gaslight docket, a descriptor that provides a useful and potentially... 2024  
Alexandra Darraby A CONSTITUTIONAL RESET ON CONFEDERATE MONUMENTS, CIVIL RIGHTS AND CULTURAL ICONS: HOW NAMING RIGHTS, TRADEMARKS, AND PUBLIC STATUARY SHAPE SOCIAL JUSTICE 39-SPG Entertainment and Sports Lawyer 55 (Spring, 2023) This is written to memorialize the names of Ahmaud Arbery, Breonna Taylor, George Floyd, Homer Plessy, Linda Brown, and Rosa Parks who stood--and sat--and died for equal justice--and the many others, named and unnamed. The author was in Brunswick during the Arbery shooting, attended the Town Halls convened by the Mayor of Brunswick and provided... 2023  
Julian Whitley DEEPLY ROOTED OR DEEPLY FLAWED? A CONSTITUTIONAL CRITICISM OF DOBBS AND ROE'S POTENTIAL RESURRECTION 31 American University Journal of Gender, Social Policy and the Law 169 (2023) I. Preface. 169 II. Introduction. 169 III. The United States Supreme Court's Jurisprudential Tests. 176 IV. The History. 180 A. Constitutional Convention. 181 B. Amendments to the Constitution. 181 C. The Nineteenth Amendment and Beyond. 182 V. The Court's Graveyard Decisions. 186 VI. The Court's Convenient Conclusions. 189 VII. The Alternative... 2023  
Nina Farnia IMPERIALISM AND BLACK DISSENT 75 Stanford Law Review 397 (February, 2023) Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... 2023  
Jamelia Morgan ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY 58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... 2023  
Dylan Saul SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS 107 Minnesota Law Review 1311 (February, 2023) If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... 2023  
Roy L. Brooks SYMPOSIUM INTRODUCTION: WALKING WITH DESTINY 60 San Diego Law Review 455 (August-September, 2023) C1-2Table of Contents I. Introduction. 455 II. Redress Frames. 461 A. Models of Redress. 462 B. Forms of Reparations. 465 C. Transitional Justice. 466 III. The Interim Report. 468 IV. Framing the Interim Report. 471 V. Conclusion. 478 2023  
Ilya Somin THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW 2023 Wisconsin Law Review 575 (2023) The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... 2023  
Mariya Denisenko THE IMPACT OF GOVERNMENT SPONSORED SEGREGATION ON HEALTH INEQUITIES: ADDRESSING DEATH GAPS THROUGH REPARATIONS 80 Washington and Lee Law Review 1687 (Fall, 2023) Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and... 2023  
Frank D. LoMonte , Daniel Delgado THE IMPORTANCE OF ACCESSIBLE GOVERNMENT DATA IN ADVANCING ENVIRONMENTAL JUSTICE 47 William and Mary Environmental Law and Policy Review 827 (Spring, 2023) In 2021, investigative journalists with the nonprofit news service ProPublica drew on federal data to create what ProPublica's reporting team called an unparalleled view of how toxic air blooms around industrial facilities and spreads into nearby neighborhoods. A package of articles and graphics visually dramatized the problem of sacrifice... 2023  
Kindaka J. Sanders THE NEW DREAD, PART II: THE JUDICIAL OVERTHROW OF THE REASONABLENESS STANDARD IN POLICE SHOOTING 71 Cleveland State Law Review 1029 (2023) C1-2Contents I. Introduction. 1030 II. Excessive Force Law. 1035 A. General. 1035 B. At Common Law. 1041 C. Case Law. 1041 1. Tennessee v. Garner. 1041 2. Graham v. Connor. 1043 3. Scott v. Harris. 1046 4. Plumhoff v. Rickard. 1048 5. County of Los Angeles v. Mendez. 1050 D. Qualified Immunity. 1051 III. Sea Change. 1056 A. Right to Resist an... 2023  
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
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 Yes
Eric K. Yamamoto , Susan K. Serrano Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation and The British High Court 18 Asian Pacific American Law Journal 71 (Fall 2012-Spring 2013) Claims to reparations for historic injustice mark the modern global landscape. Starting in the late 1980s, with the United States' redress for 120,000 wrongly incarcerated American citizens and Japanese ancestry during World War II, reparations advocates advanced claims on behalf of African Americans, Native Americans, Native Hawaiians and... 2013  
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 Yes
Robert Aitken, Marilyn Aitken Japanese American Internment 37 Litigation 59 (Winter, 2011) Yesterday, December 7, 1941--a date which will live in infamy--the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan .. I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States... 2011 Yes
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 Yes
Jonathan M. Justl Disastrously Misunderstood: Judicial Deference in The Japanese-american Cases 119 Yale Law Journal 270 (November, 2009) This Note offers a new framework to evaluate judicial deference in cases reviewing government actions during national emergencies. Rejecting the conventional approach assessing deference as a matter of degree or as a condition present or not present, this Note offers a nuanced framework to evaluate deference that considers both degree and form. It... 2009 Yes
Taunya Lovell Banks Outsider Citizens: Film Narratives about The Internment of Japanese Americans 42 Suffolk University Law Review 769 (2009) Memories, like history, constantly undergo revision . . . . There is an old cliché: the winners write history. Today, one might add that the powerful leave visual records, like films. During World War II, the Office of War Information (OWI) produced several propaganda films about Japanese Americans and the internment that the motion picture... 2009 Yes
Evelyn Gong A Judicial "Green Light" for The Expansion of Executive Power: The Violation of Constitutional Rights and The Writ of Habeas Corpus in The Japanese American Internment and The Post-9/11 Detention of Arab and Muslim Americans 32 Thurgood Marshall Law Review 275 (Spring, 2007) Those who cannot learn from history are doomed to repeat it. In times of war, national security is a prime concern. However, there is a fine line between the preservation of our country's safety and the infringement of individual liberties so integral to our country's values. A red flag is raised when constitutional rights are violated in the... 2007 Yes
Major Jason S. Wrachford Just Americans: How Japanese Americans Won A War at Home and Abroad 2007-SEP Army Lawyer 42 (September, 2007) Over sixty-five years have passed since pilots from the Empire of Japan bombed Pearl Harbor, destroying or damaging scores of ships and planes and killing thousands. Yet, the memories and pictures of that terrible morning still reverberate in the minds of many Americans. As President Franklin D. Roosevelt described in his speech to a Joint Session... 2007 Yes
Rashad Hussain Preventing The New Internment: A Security-sensitive Standard for Equal Protection Claims in The Post-9/11 Era 13 Texas Journal on Civil Liberties & Civil Rights 117 (Fall 2007) I. Introduction. 119 II. Enforcement of Antiterrorism Initiatives in the Post-9/11 Era. 122 A. Detentions Following the September 11 Attacks. 123 1. Policy Implementation. 123 2. Program Results: Impact on Immigrant Communities and Security Benefits. 124 B. The National Security Entry-Exit Registration System (NSEERS). 126 1. Policy Implementation.... 2007 Yes
Aya Gruber Raising The Red Flag: The Continued Relevance of The Japanese Internment in The Post-hamdi World 54 University of Kansas Law Review 307 (January 1, 2006) Most of what I have learned and internalized about the Japanese internment came from my mother, Mariko Hirata. My mother was just a young girl when her own government imprisoned her. Growing up, I heard all about the cold, the dirt, the embarrassing communal showers, the shame, and the guns. My mother painted a picture of her family's perpetually... 2006 Yes
Eric L. Muller The Japanese American Cases - A Bigger Disaster than We Realized 49 Howard Law Journal 417 (Winter 2006) Sixty-one years ago, in June of 1945, Yale Law Professor Eugene V. Rostow published the first major academic article on the episode we now refer to as the Japanese American internment of World War II. It was no small accomplishment because when Rostow published the article, the episode had not yet ended. The Pacific War had not yet been won. The... 2006 Yes
Harvey Gee Civil Liberties, National Security, and The Japanese American Internment 45 Santa Clara Law Review 771 (2005) I don't want any of them (persons of Japanese ancestry) here. They are a dangerous element. There is no way to determine their loyalty. . . . It makes no difference whether he is an American citizen, he is still a Japanese. American citizenship does not necessarily determine loyalty. . . . [W]e must worry about the Japanese all the time until he is... 2005 Yes
Arvin Lugay In Defense of Internment: Why Some Americans Are More "Equal" than Others 12 Asian Law Journal 209 (April, 2005) At what point do the civil liberties protections of the Constitution cease to matter? The terrorist attacks of September 11, 2001 have sparked a national debate over balancing the pursuit of national security with the protection of civil rights. This debate, however, misses the more pertinent question regarding the state of civil rights today. The... 2005 Yes
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