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Full-Text Articles in Law
The Nativist's Dream Of Return, Robert S. Chang
The Nativist's Dream Of Return, Robert S. Chang
Faculty Articles
In this address, Professor Robert Chang discusses how the current racial paradigm has become naturalized so that race in America is generally understood to mean black and white. It is this notion of race that limits people understanding and willingness to engage with the history and current state of Asian Americans and Latinos in the United States. Instead of being interested participants, they are seen as interlopers. Yet this status as interloper is precisely why Asian Americans and Latinos are important in discussions of race-our existence disrupts the comfortable binary of the black/white racial paradigm in which the black racial …
Chon On Chen On Chang, Margaret Chon
Chon On Chen On Chang, Margaret Chon
Faculty Articles
This essay attempts to highlight and explore Bob Chang's implicit disclaimers for an Asian American legal scholarship situated within post-structuralism: that it is contingent, ironic, and yearns for a chimerical solidarity, these qualities should not lead to the conclusion that his claims lack positive vision, the narrative space that Chang advocates allows for creative articulations of Asian presence in America, in both theoretical and practical realms. Thus, after considering the nature of the misunderstanding between Chang and Chen, the author will turn briefly to one example of positive articulation-the diaspora perspective-and read it into Jim Chen's text.
The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang
The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang
Faculty Articles
Stuart Hall, writing in the context of British Cultural Studies, describes the demise of the essential black subject as the end of innocence. We have seen in feminist theory and in critical race theory the debate about essentialism, along with various recuperative proposals such as intersectionality, multiple consciousness, positionality, and strategic essentialism. Rather than revisit those discussions, Professor Chang raises the possibility of constructing new subject positions in an attempt to move us beyond the difference divide, to move us from identity politics as we now know it to political identities. In this essay, Professor Chang asks whether we can …
Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender
Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender
Faculty Articles
Non-English-speaking consumers deserve the same protection as other consumers, and thus, this article advocates guarantees for their ability to strike informed bargains. To safeguard consumers most vulnerable to unfair and deceptive trade practices, this article contemplates a comprehensive strategy of reform that involves the legislatures, administrative agencies, and courts, as well as nonprofit organizations that advocate for language minorities and merchants themselves. Part I examines the growth in numbers of monolingual Latino/a consumers and documents their experience in the American marketplace. Part I also explores the shortcomings of existing remedies under the common law and consumer protection regulation when applied …
Passion And The Asian American Legal Scholar, Robert S. Chang
Passion And The Asian American Legal Scholar, Robert S. Chang
Faculty Articles
Professor Chang discusses what it means to be Asian American, and the strength and vibrancy of the various Asian immigrant groups as they struggled to make a home in the United States. He examines this ongoing struggle, and explores how it is through this struggle that they have become and are becoming Asian Americans.
Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang
Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang
Faculty Articles
In this essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …