Author | Title | Citation | Summary | Year | Key Terms in Title |
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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 |
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 Michigan Journal of Race and Law 165 (1996) | Over the past fifty years, the United States Supreme Court has articulated the constitutional standards for the governmental use of racial classifications by referring repeatedly to its wartime decisions on the Japanese American internment. Those decisions were understood then as being emphatically not about race, but have been understood since as... | 1996 | Yes |
Dean Masaru Hashimoto | The Legacy of Korematsu v. United States: A Dangerous Narrative Retold | 4 Asian Pacific American Law Journal 72 (Fall, 1996) | My family never discussed in any detail the internment of my father during World War II until my involvement in the relitigation of Korematsu v. United States as a law student in the summer of 1982. I remember as a child and adolescent possessing a vague understanding that my father had been incarcerated in a camp in the Midwest, but that episode... | 1996 | |
Lawrence Kent Mendenhall | Misters Korematsu and Steffan: The Japanese Internment and The Military's Ban on Gays in The Armed Forces | 70 New York University Law Review 196 (April, 1995) | In Steffan v. Perry, the District of Columbia Court of Appeals, sitting en banc, upheld military regulations which stated that [h]omosexuality is incompatible with military service and excluded from the military those persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct.... | 1995 | Yes |
Eileen M. Mullen | Rotating Japanese Managers in American Subsidiaries of Japanese Firms: A Challenge for American Employment Discrimination Law | 45 Stanford Law Review 725 (February, 1993) | I. Introduction. 726 II. Allegations of Discrimination in Favor of Japanese Managers. 731 A. Americans Excluded from Decisionmaking. 731 1. Japanese-only meetings. 731 2. Meetings conducted in Japanese. 732 3. Information isolation. 733 4. Business conducted during Japanese-only socializing. 734 B. Titles Without Authority. 734 C. Separate Career... | 1993 | Yes |
Ronald Takaki, Strangers from A Different Shore: A History of Asian Americans, Boston: Little, Brown and Company, 1989. Pp. 570 | 8 Chinese (Taiwan) Yearbook of International Law and Affairs 409 (1988-1989) | This book is a vivid overview of Asian American history. Professor Takaki eloquently tells the richly diverse stories of Japanese, Chinese, Koreans, Filipinos, Asian Indians, Vietnamese, Cambodians and Laotians who came to the United States during the past one and a half centuries. In his introduction, Professor Takaki indicates that Asian... | 1989 | ||
Justice at War: The Story of The Japanese American Internment Cases. By Peter Irons. New York: Oxford University Press. 1983. Pp. Xiii, 407. $18.95. | 82 Michigan Law Review 887 (February, 1984) | Peter Irons's, Justice at War adds new evidence to the extensive array of literature attacking the internment of Japanese Americans during World War II and the Supreme Court cases that sanctioned the internment. In Justice at War, Irons focuses on lawyers who could have prevented the internment tragedy - those who had significant connections with... | 1984 | Yes | |
Arval A. Morris | Justice, War, and The Japanese-american Evacuation and Internment. Book Review Of-justice at War: The Story of The Japanese American Internment Cases-by Peter Irons. New York: Oxford University Press, 1983. Pp. Xiii, 407. $18.95. | 59 Washington Law Review 843 (September, 1984) | With all the advantages of hindsight, the shameful episode that saw the militarily ordered exclusion and internment of over 112,000 Japanese Americans during World War II without declaration of martial law looms as one of the greatest mass deprivations of civil liberties by the American government since slavery. This harsh, vast, and discriminatory... | 1984 | Yes |
Howard Ball | Politics over Law in Wartime: The Japanese Exclusion Cases | 19 Harvard Civil Rights-Civil Liberties Law Review 561 (Summer, 1984) | The tragedy that befell American citizens of Japanese descent during World War II is a familiar one. On February 19, 1942, seventy-four days after the bombing of Pearl Harbor, President Franklin D. Roosevelt issued Executive Order 9066 authorizing Secretary of War Henry L. Stimpson to develop military zones from which certain persons would be... | 1984 | Yes |
Eugene V. Rostow | The Japanese American Cases-a Disaster | 54 Yale Law Journal 489 (June, 1945) | He [the King of Great Britain] has affected to render the Military independent of and superior to the Civil Power. The Declaration of Independence War is too serious a business to be left to generals. Clemenceau Our war-time treatment of Japanese aliens and citizens of Japanese descent on the West Coast has been hasty, unnecessary and mistaken.... | 1945 | Yes |
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