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Articles 1 - 25 of 25
Full-Text Articles in Law
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Journal of Race, Gender, and Ethnicity
No abstract provided.
Korematsu’S Ancestors, Mark A. Graber
Korematsu’S Ancestors, Mark A. Graber
Arkansas Law Review
Mark Killenbeck’s Korematsu v. United States has important affinities with Dred Scott v. Sandford. Both decisions by promoting and justifying white supremacy far beyond what was absolutely mandated by the constitutional text merit their uncontroversial inclusion in the anticanon of American constitutional law.3 Dred Scott held that former slaves and their descendants could not be citizens of the United States and that Congress could not ban slavery in American territories acquired after the Constitution was ratified.5 Korematsu held that the military could exclude all Japanese Americans from portions of the West Coast during World War II.6 Both decisions nevertheless provided …
Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki
Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki
Swarthmore Undergraduate History Journal
Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …
Japanese Pamphlets, Volume Iv, 1907-1925
Japanese Pamphlets, Volume Iv, 1907-1925
Japanese Pamphlets
Ten politically oriented pamphlets published between 1907 to 1925 that set forth largely anti-Japanese contentions against those residing in the United States and California. The White population continued to be concerned about the mixing of races and wanted additional laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. The arguments found in the first three volumes of pamphlets continued on into Volume IV including a V.H. McClatchy’s 1925 pamphlet entitled: “Guarding the Immigration Gates: What Has Been Done; What …
Japanese Pamphlets, Volume Iii, 1918-1925
Japanese Pamphlets, Volume Iii, 1918-1925
Japanese Pamphlets
Twenty-two politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population and includes a pamphlet entitled “Preliminary Report of the Mental Capacity of …
Japanese Pamphlets, Volume I, 1906-1914
Japanese Pamphlets, Volume I, 1906-1914
Japanese Pamphlets
Nineteen politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population. The pamphlets in this volume also include responses from the Japan Society …
Japanese Pamphlets, Volume Ii, 1912-1920
Japanese Pamphlets, Volume Ii, 1912-1920
Japanese Pamphlets
Twenty-nine politically oriented pamphlets published between 1912-1929 set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Arguments used against the Japanese living in America included claims of surreptitious entries (e.g., being smuggled in through Mexico), Japanese use of “Picture Prides, Japanese efforts to control the soil, Japanese use of …
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
Natsu Taylor Saito
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.
Responses To The Ten Questions, John Ip
Responses To The Ten Questions, John Ip
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Wayne Mccormack
Responses To The Ten Questions, Wayne Mccormack
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, John T. Parry
Responses To The Ten Questions, John T. Parry
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Paul R. Pillar
Responses To The Ten Questions, Paul R. Pillar
William Mitchell Law Review
No abstract provided.
Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks
Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks
Taunya Lovell Banks
This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …
Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks
Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks
Taunya Lovell Banks
This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …
Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks
Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks
Faculty Scholarship
This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …
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.
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
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.
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.
Walking While Muslim, Margaret Chon, Donna E. Arzt
Walking While Muslim, Margaret Chon, Donna E. Arzt
Law and Contemporary Problems
The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.
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.
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.
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Michigan Law Review
A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons