Author | Title | Citation | Summary | Year | Key Terms in Title |
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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 |
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 |
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 | Yes |
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 | Yes |
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 | Yes |
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 | Yes |
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 | Yes |
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 | Yes |
Jerry Kang | Denying Prejudice: Internment, Redress, and Denial | 51 UCLA Law Review 933 (April, 2004) | In the early 1980s, Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi marched back into the federal courts that convicted them during World War II for defying the internment of persons of Japanese descent. Relying on suppressed exculpatory evidence discovered in the national archives, they filed writs of error coram nobis to overturn their... | 2004 | Yes |
Frank H. Wu | Difficult Decisions During Wartime: A Letter from A Non-alien in An Internment Camp to A Friend Back Home | 54 Case Western Reserve Law Review 1301 (Summer, 2004) | August 20, 1944 Dear Eddie: I never thought I would miss abalone. Growing up in Los Angeles, I always thought that when it was boiled it tasted like tough chicken, and I couldn't stand it as mizugai (raw) even if my father himself had dived for it. We dipped it into shoyu (soy sauce), just like we did the chicken, so it was all pretty much the same... | 2004 | Yes |
Donald K. Tamaki | Foreword: Sixty Years after The Internment: Civil Rights, Identity Politics, and Racial Profiling | 11 Asian Law Journal 145 (May, 2004) | On December 7, 1941, Japan attacked Pearl Harbor and fear gripped our nation. Within hours, Secret Service and FBI agents swept through Japanese American communities, arresting its leaders. Within weeks, these communities were subjected to race-based curfew orders. Within months, the wholesale rounding up of Americans was in full swing as they were... | 2004 | Yes |
Dale Minami | Japanese-american Redress | 6 African-American Law and Policy Report 27 (2004) | Sixteen years ago at Wooster College in Ohio, I lectured about Japanese-American redress at a symposium examining African-American redress. I have been aware of the issues and connections between the Japanese-American and the African-American redress movements ever since. My role in Japanese-American redress was primarily as an attorney for Fred... | 2004 | Yes |
Dale Minami , Karen Narasaki , Heba Nimr , Joannie Chang , Phil Ting | Sixty Years after The Internment: Civil Rights, Identity Politics, and Racial Profiling | 11 Asian Law Journal 151 (May, 2004) | PHIL TING: My name is Phil Ting and I am the Executive Director of the Asian Law Caucus. I am going to be moderating this panel tonight. I am very honored and happy to have everybody here. I want to mention who the sponsors are for tonight. I want to thank the Asian Law Journal and the Berkeley Journal for Employment and Labor Law for helping us... | 2004 | Yes |
Eric L. Muller | Inference or Impact? Racial Profiling and The Internment's True Legacy | 1 Ohio State Journal of Criminal Law 103 (Fall, 2003) | In the debate about racial and ethnic profiling in the wake of the September 11 terrorist attacks, critics of the administration's policies have frequently argued that the government has made the same fundamental error as the Roosevelt administration made when it forced 110,000 Japanese Americans into camps during World War II. This is a powerful... | 2003 | Yes |
Nathan Watanabe | Internment, Civil Liberties, and A Nation in Crisis | 13 Southern California Interdisciplinary Law Journal 167 (Fall 2003) | Historically, the United States has possessed a keen awareness of the precarious position civil liberties occupy in the government's pursuit of a nobler end. As inscribed on the Statute of Liberty, Benjamin Franklin notes, They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. In 1928,... | 2003 | Yes |
Chad W. Bryan | Precedent for Reparations? A Look at Historical Movements for Redress and Where Awarding Reparations for Slavery Might Fit | 54 Alabama Law Review 599 (Winter 2003) | While by no means a new concept, the debate over modern reparations for slavery has taken on a new intensity in recent years, especially among the African American community. Much of this focus has come as a result of the Civil Liberties Act of 1988, congressional legislation awarding reparations for the World War II internment of thousands of... | 2003 | |
Eric K. Yamamoto | Reclaiming Civil Rights in Uncivil Times | 1 Hastings Race and Poverty Law Journal 11 (Fall, 2003) | I'm from Hawai'i. Third generation Japanese American. At the turn of the last century, my grandparents hoped to better their hard life in Japan and emigrated to work on Hawai'i's sugar plantations. In response to oppressive work and living conditions, my grandfather reportedly helped a fledgling union fight the white plantation owners who... | 2003 | |
Paul Lyon | The Presidential Internment Power Established by The 1942 Internment of Americans Suspected of Disloyalty | 13 San Joaquin Agricultural Law Review 23 (2003) | At any time that the federal government should decide that the United States is threatened by an incursion which the President can identify with a specific racial or ethnic group, he may legally and constitutionally arrest and indefinitely detain all members of that group in the country, whether or not they are citizens of the United States. The... | 2003 | Yes |
Lika C. Miyake | Forsaken and Forgotten: The U.s. Internment of Japanese Peruvians During World WarII | 9 Asian Law Journal 163 (May, 2002) | The internment of Japanese Americans during World War II has been well discussed by scholars, but few remember or even know about the internment of Japanese Peruvians in the U.S. This note examines the history of the Japanese Peruvian internment, focusing on the U.S. government's legal justification for the program and the unjust treatment of the... | 2002 | Yes |
Frank H. Wu | Profiling in The Wake of September 11: The Precedent of The Japanese American Internment | 17-SUM Criminal Justice 52 (Summer, 2002) | The internment of Japanese Americans during World War II is the obvious precedent for the treatment of Arab Americans and Muslim Americans in the aftermath of the September 11, 2001, terrorist attacks. Whether the example should be followed or avoided and what it means generally, however, remains a subject of controversy. The ambivalence is not... | 2002 | Yes |
Andrew E. Taslitz | Stories of Fourth Amendment Disrespect: from Elian to The Internment | 70 Fordham Law Review 2257 (May, 2002) | In early April 2001, an unarmed black teenager, Timothy Thomas, was shot to death by Cincinnati police officers. The officers were pursuing Thomas on outstanding arrest warrants for two alleged misdemeanors and numerous traffic offenses. The shooting sparked protests in Cincinnati's African-American community, as protesters alleged that the... | 2002 | Yes |
Jerry Kang | Thinking Through Internment: 12/7 and 9/11 | 9 Asian Law Journal 195 (May, 2002) | The terrorist attacks on 9-11 have frequently been analogized to Pearl Harbor. In many ways, the analogy is apt. Just as that attack launched us into World War II, the attacks on the World Trade Center and the Pentagon have launched us into a new kind of war against terrorism. But waging this sort of borderless war poses great risks, not only to... | 2002 | Yes |
Brant T. Lee | A Racial Trust: The Japanese YWCA and The Alien Land Law | 7 Asian Pacific American Law Journal 1 (Spring 2001) | When a dispute arose over the old Japanese Young Women's Christian Association (YWCA) building in San Francisco's Japantown neighborhood, it seemed yet another example of a community institution inevitably ceding to the demands of the modern market economy. Instead, what has resulted has been an exercise in legal archaeology, a refreshing insight... | 2001 | Yes |
Eric L. Muller | Apologies or Apologists? Remembering The Japanese American Internment in Wyoming | 1 Wyoming Law Review 473 (2001) | Between 1942 and 1945, the third-largest city in Wyoming was surrounded by barbed wire, searchlights, and armed sentries. It was the Heart Mountain Relocation Center in Park County, the wartime home to some 11,000 people of Japanese ancestry who had been forced from their west-coast homes in the wake of the Japanese attack on Pearl Harbor. Today... | 2001 | Yes |
Karolyn A. Eilers | Article 14(b) of The 1951 Treaty of Peace with Japan: Interpretation and Effect on Pows' Claims Against Japanese Corporations | 11 Transnational Law & Contemporary Problems 469 (Fall, 2001) | I. L2-4,T4Introduction 470 II. L2-4,T4Forced Labor in Japan During World War II 471 III. L2-4,T4Reparations 472 IV. L2-4,T4U.S. POWs' Forced Labor Claims 474 A. L3-4,T4POWs' Lawsuits 475 B. L3-4,T4California's Extension of the Statute of Limitations 475 C. L3-4,T4U.S. District Court Holds that the 1951 Treaty of Peace Bars POWs Claims 477 V.... | 2001 | Yes |
Eric K. Yamamoto , Susan K. Serrano , Minal Shah Fenton , James Gifford , David Forman , Bill Hoshijo , Jayna Kim | Dismantling Civil Rights: Multiracial Resistance and Reconstruction | 31 Cumberland Law Review 523 (2000-2001) | I am from Hawai'i, America's fiftieth state. I am a third generation Japanese-American. At the turn of the last century, my grandparents hoped to better their hard life in Japan and emigrated to work on Hawai'i's sugar plantations. In response to oppressive work and living conditions, my grandfather helped a fledging union fight the White... | 2001 | |
Paula Branca-Santos | Injustice Ignored: The Internment of Italian - Americans During World WarII | 13 Pace International Law Review 151 (Spring 2001) | I. Introduction. 151 II. Background. 154 A. The Italian-American Assimilation. 154 B. The Buildup of World War II and the Development of United States Foreign Policy. 158 C. The Impact of World War II on the Japanese and Italian Americans. 160 1. The Plight of the Japanese-Americans. 162 2. The Plight of the Italian-Americans. 164 III. H.R. 2442:... | 2001 | Yes |
Natsu Taylor Saito | Symbolism under Siege: Japanese American Redress and The "Racing" of Arab Americans as "Terrorists" | 8 Asian Law Journal L.J. 1 (May, 2001) | Warren, Roosevelt, DeWitt, and others were the architects of the internment, but we are its authors. We write of it and hope to find meaning in it, honoring those who lived it .. We honor the quiet dignity of those who left on the trains for the desert. We honor the maverick rebellion of those who refused to go. We honor the Issei . whose survival... | 2001 | Yes |
Eric K. Yamamoto | Beyond Redress: Japanese Americans' Unfinished Business | 7 Asian Law Journal 131 (December, 2000) | I am honored to be here at such a diverse gathering. This Day of Remembrance will likely mean many different things for different people. It will mean one thing for those who suffered the internment, struggled for redress and received an apology and reparations. It will mean something different for children and grandchildren of internees who have... | 2000 | Yes |
John Tateishi , William Yoshino | The Japanese American Incarceration: The Journey to Redress | 27-SPG Human Rights 10 (Spring, 2000) | On February 19, 1942, two months after Japan's attack at Pearl Harbor, President Franklin D. Roosevelt signed Executive Order 9066, which set into motion a series of events that led to one of our country's most tragic constitutional failures. Executive Order 9066 gave broad authority to the military to secure the borders of the United States and to... | 2000 | Yes |
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 | Yes |
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 | Yes |
Christine Ann Lobasso | Elevation of The Individual: International Legal Issues That Flow from The American Internment of The West Coast Japanese During World WarII | 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 | Yes |
Mari J. Matsuda | Foreword: Mccarthyism, The Internment and The Contradictions of Power | 40 Boston College Law Review Rev. 9 (December, 1998) | There is naked power, which grabs and smashes without need for denial or justification. There is legitimized power, which justifies without denying. There is masked power, which never justifies, because the denial of its own existence is complete. The articles in this symposium call to mind all three kinds of power. The internment, falling in the... | 1998 | Yes |
Natsu Taylor Saito | Justice Held Hostage: U.s. Disregard for International Law in The World WarII 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 | Yes |
Keith Aoki | No Right to Own?: The Early Twentieth-century "Alien Land Laws" as A Prelude to Internment | 40 Boston College Law Review 37 (December, 1998) | The past is never dead. It's not even past. It was a long time before we began to understand exploitation . It is possible that the struggles now taking place and the local, regional and discontinuous theories that derive from these struggles and that are indissociable from them stand at the threshold of our discovery of the manner in which power... | 1998 | Yes |
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 | Yes |
Sumi Cho | Redeeming Whiteness in The Shadow of Internment: Earl Warren, Brown, and A Theory of Racial Redemption | 40 Boston College Law Review 73 (December, 1998) | Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public... | 1998 | Yes |
Reggie Oh, Frank Wu | The Evolution of Race in The Law: The Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Action for African Americans, 1 Mich. J. Race & L. 165 (1996). | 4 Asian Law Journal 198 (May, 1997) | Authors Oh and Wu argue that the Supreme Court's recent decision in Adarand Constructors, Inc. v. Pena may permit invidious racial classification to survive constitutional challenge. The authors believe that the Court's application of strict scrutiny to affirmative action programs could allow a return to discriminatory race-based laws as earlier... | 1997 | Yes |
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 | Yes |
Manjusha P. Kulkarni | Application of The Civil Liberties Act to Japanese Peruvians: Seeking Redress for Deportation and Internment Conducted by The United States Government During World WarII | 5 Boston University Public Interest Law Journal 309 (Winter 1996) | The evacuation and internment of Japanese Americans during World War II finally have made their way into our history books. The injustice of these events perpetrated by the United States government has awakened the conscience of Congress enough to induce it to appropriate redress to the victims. The Civil Liberties Act of 1988 began providing... | 1996 | Yes |
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