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
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
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
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
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
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
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
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
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
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
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
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
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
Greg Robinson, Toni Robinson Korematsu and Beyond: Japanese Americans and The Origins of Strict Scrutiny 68-SPG Law and Contemporary Problems 29 (Spring 2005) The story of the United States Supreme Court's epochal 1954 ruling in Brown v. Board of Education and the legal struggle for civil rights led by the National Association for the Advancement of Colored People (NAACP) during the decade following World War II occupies a central place in many Americans' understanding both of the history of democracy in... 2005
Ronald L. Mize, Jr. Reparations for Mexican Braceros? Lessons Learned from Japanese and African American Attempts at Redress 52 Cleveland State Law Review 273 (2005) I. Reparation Attempts for Japanese-American Internment and African-American Slavery. 274 A. Japanese Internment. 275 B. African-American Slavery. 277 II. Binational Relations and the U.S.-Mexico Bracero Program. 283 III. The Invisible Workers: Re-Membering the Bracero Program. 287 IV. Reparations Campaigns and Attempts at Bracero Redress. 291 2005
Lorraine K. Bannai Taking The Stand: The Lessons of Three Men Who Took The Japanese American Internment to Court 4 Seattle Journal for Social Justice Just. 1 (Fall/Winter 2005) The internment notice came out, and it burned me up, you know. Here I am, an American, and I have to go to internment camp. I was really upset. And I said I'm not going to go. I'm an American and that's what I am and I'm going to stay that way. - Fred Korematsu In the fall of 1941, Glenn Miller and the big bands were on the airwaves, Joe DiMaggio... 2005
Ty S. Wahab Twibell The Road to Internment: Special Registration and Other Human Rights Violations of Arabs and Muslims in The United States 29 Vermont Law Review 407 (Winter, 2005) Dust storms. Sweat days. Yellow people, Exiles. I am the mountain that kisses the sky in the dawning. I watched the day when these, your people, came into your heart. Tired. Bewildered. Embittered. I saw you accept their compassion, impassive but visible. Life of a thousand teemed within your bosom. Silently you received and bore them. Daily you... 2005
Jerry Kang Watching The Watchers: Enemy Combatants in The Internment's Shadow 68-SPG Law and Contemporary Problems 255 (Spring 2005) Punish him, yes. But please try to understand the defense's point of view that there is a corporate responsibility. -- Lawyer for Ivan Chip Frederick, court-martialed for his crimes at Abu Ghraib We are fighting an indefinite war on terror. In considering the policy and practice of this war, the history of the Japanese American internment looms... 2005
Eric L. Muller Betrayal on Trial: Japanese-american "Treason" in World WarII 82 North Carolina Law Review 1759 (June, 2004) This Article tells the story of the federal treason trial of three Japanese-American sisters for helping their paramours, two German soldiers, to flee from a Colorado prisoner-of-war camp in October of 1943. At the time, the story seemed to confirm the suspicion of national disloyalty that had forced the sisters and tens of thousands of other... 2004
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