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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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