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Full-Text Articles in Law
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Michigan Journal of Race and Law
Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as "enemy aliens" and subjected then to numerous restrictions, including arrest, internment, expulsion from certain areas, curfews, identification cards, loss of employment, and restrictions on travel and property. Four decades after the war, Congress decided to compensate persons of Japanese descent who had been "deprived of …
Engineering The Endgame, Ellen D. Katz
Engineering The Endgame, Ellen D. Katz
Michigan Law Review
This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …