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Full-Text Articles in Law
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.
Play It Again, Uncle Sam, A. Wallace Tashima
Play It Again, Uncle Sam, A. Wallace Tashima
Law and Contemporary Problems
Tashima, currently a federal judge, relates his experience in a Japanese American internment camp at Poston AZ during WWII. The unjust internment was in part a failure of the federal courts to protect the constitutional rights of American citizens.
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Law and Contemporary Problems
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
A “Full And Fair” Trial: Can The Executive Ensure It Alone? The Case For Judicial Review Of Trials By Military Commissions At Guantanamo Bay, Jennifer A. Lohr
A “Full And Fair” Trial: Can The Executive Ensure It Alone? The Case For Judicial Review Of Trials By Military Commissions At Guantanamo Bay, Jennifer A. Lohr
Duke Journal of Comparative & International Law
No abstract provided.
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.