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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
  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
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
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