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Full-Text Articles in Law
A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett
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.
Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang
Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang
Law and Contemporary Problems
In the past, the government has avoided accountability for the atrocity of allowing the internment of Japanese Americans during WWII. Kang examines whether the federal judiciary is again shying away from its responsibilities of holding the other branches accountable for their actions as they conduct their war on terror.
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
Law and Contemporary Problems
Although Ex Parte Endo undid the wrongs that resulted from the US Supreme Court decision Korematsu v. United States, the Japanese Americans who faced internment during WWII cannot so easily put the past behind them. Gudridge examines the publication The Spoilage, which documents the political efforts of those inside the internment camp at Tule Lake, and relates them to Endo and Korematsu.
Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson
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.
The Japanese American Cases, 1942-2004: A Social History, Roger Daniels
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.