Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Duke Law

2005

History

Articles 1 - 6 of 6

Full-Text Articles in Law

The Emergence Of Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart Oct 2005

The Emergence Of Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart

Law and Contemporary Problems

No abstract provided.


A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett Apr 2005

A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett

Law and Contemporary Problems

Barrett examines the dissent opinion of Supreme Court Justice Robert Houghwout Jackson in Korematsu v. United States, which centered on the internment of Japanese Americans during WWII. Although the dissent has been criticized as incoherent, it contains strong legal implications within its complexity.


A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller Apr 2005

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Law and Contemporary Problems

Muller examines the prosecution and sentencing of Japanese Americans who resisted the draft of WWII from their internment camps. Although the hundreds of cases were almost identical, approaches to justice and sentencing of offenders varied widely.


Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson Apr 2005

Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson

Law and Contemporary Problems

The authors examine the role that the Japanese American Citizens League played in the development of the "strict scrutiny" doctrine partly responsible for the ruling in Brown v. Board of Education. The plight of Japanese Americans during their WWII internment gave them experience in implementing this doctrine, which they passed on to the NAACP.


Korematsu: A Mélange Of Military Imperatives, Eugene Gressman Apr 2005

Korematsu: A Mélange Of Military Imperatives, Eugene Gressman

Law and Contemporary Problems

No abstract provided.


The Japanese American Cases, 1942-2004: A Social History, Roger Daniels Apr 2005

The Japanese American Cases, 1942-2004: A Social History, Roger Daniels

Law and Contemporary Problems

Daniels examines the changing reactions of the government and the public to the internment of Japanese Americans during WWII and in the six decades following. Some comparisons can be drawn between this action and the attitudes encountered by the public in the wake of the Sep 11, 2001 terrorist attacks.