Race, Rights and Reparation The Law of the Japanese American Internment

ISBN-10: 0735523932

ISBN-13: 9780735523937

Edition: 2001

List price: $94.00
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Book details

List price: $94.00
Copyright year: 2001
Publisher: Wolters Kluwer Law & Business
Publication date: 6/6/2001
Binding: Paperback
Pages: 490
Size: 7.25" wide x 10.00" long x 1.00" tall
Weight: 2.046
Language: English

Preface
Acknowledgments
Context
Race, Rights and Reparation: An Overview
Race
From Biological Race to Cultural Race
Asian American "Racial" Difference
Race: Repudiation or Repetition?
Race and the Judicial Role in National Security Cases
Rights
Constitutional Rights: Applicable to All?
Antidiscrimination Provisions and Asian Americans
Rights: Eliminating Discrimination?
Conflict? Constitutional Rights and National Security
Reparation
Additional Readings
An Historical Introduction
Asian American Legal History: An Overview
Immigration
Citizenship
Economic Discrimination
Internment
Study Modules
The Exercise of Plenary Power over Immigration
Chae Chan Ping v. United States (The Chinese Exclusion Case)
Notes and Questions
Fong Yue Ting v. United States
Notes and Questions
Citizenship Through Naturalization
Ozawa v. United States
United States v. Thind
Notes and Questions
Citizenship Through Birth on American Soil
United States v. Wong Kim Ark
Notes and Questions
The Right to Work: Laundry Ordinances and Yick Wo v. Hopkins
Yick Wo v. Hopkins
Notes and Questions
The Right to Own Property: Alien Land Laws and Terrace v. Thompson
Terrace v. Thompson
Notes and Questions
Additional Readings
Internment
The Internment Cases
From Pearl Harbor to the Assembly Centers: An Overview
Before Pearl Harbor
The Bombing of Pearl Harbor
Military, Executive and Congressional Action
Litigation
Study Modules
Equal Protection: The Curfew Cases
Hirabayashi v. United States--The Curfew, Part I
Background
Peter Irons, Justice at War
The Case
Hirabayashi v. United States
Notes and Questions
Yasui v. United States--The Curfew, Part II
Background
Peter Irons, Justice at War
The Case
Yasui v. United States
Notes and Questions
National Security Restrictions of Civil Liberties: The Exclusion Case
Historical Origins: Judicial Review of Military Control over Civilians
National Security Doctrine Since World War II
An Approach for Scrutinizing Claims of National Security
Eric K. Yamamoto, Korematsu Revisited--Correcting the Injustice of Extraordinary Government Excess and Lax Judicial Review: Time for a Better Accommodation of National Security Concerns and Civil Liberties
Korematsu v. United States: The Exclusion
Background
Peter Irons, Justice at War
The Case
Korematsu v. United States
Notes and Questions
Politics and Legal Process: The Detention Case
Ex parte Endo: The Detention
Background
Peter Irons, Justice at War
The Case
Ex parte Endo
Notes and Questions
Additional Readings
Images of the 1940s
The Internment Camps
From the Assembly Centers to Resettlement: Overview
Movement Into and Out of the Camps
The Assembly Centers
May K. Sasaki, Interview by Lori Hoshino
Mary Hirata, Interview by Beth Kawahara
Camp Life
Housing and Facilities
Kay Matsuoka, Interview by Alice Ito
Employment
Education
Law Within the Camps
Tensions Within the Camps
CWRIC, Personal Justice Denied
Japanese Outside the Mainland United States
Study Modules
Aliens and Citizens
Economic Factors and Leave
Leave for Military Service
CWRIC, Personal Justice Denied
The Loyalty Review Program
Selected Questions from the Leave Clearance Questionnaire
CWRIC, Personal Justice Denied
Notes and Questions
Resistance in the Camps
CWRIC, Personal Justice Denied
The Heart Mountain Draft Resisters
The Tule Lake Segregants
CWRIC, Personal Justice Denied
The Renunciants
Acheson v. Murakami
Notes and Questions
Governmental Regret?: Citizenship Status and Constitutional Rights
The End of Detention and the Beginning of Resettlement
Letter to Dillon S. Myer
May K. Sasaki, Interview by Lori Hoshino
R.W. Kenny, Former Attorney General of California, Interview by Janet Stevenson
Leonard Broom and Ruth Riemer, Removal and Return: The Socio-economic Effects of the War on Japanese Americans
Notes and Questions
The Right to Work Revisited
Takahashi v. Fish and Game Commission
Notes and Questions
The Right to Own Property Revisited
Oyama v. California
Fujii v. State
Notes and Questions
Postscript: Demographic and Cultural Shifts in Asian America from World War II to the Vietnam War
Introduction
Changing Demographics
The Emergence of the Nisei Middle Class and the Post-War Sansei Generation
Immigration
Hitai v. Immigration and Naturalization Service
The 1965 Immigration Act
Bill Ong Hing, Making and Remaking Asian America Through Immigration Policy
Changing Stereotypes and Emerging Identities
The Model Minority: Reality or Myth?
The Asian American Movement and Pan-Asian Ethnicity
Additional Readings
Redress
The Coram Nobis Cases
Judicial Declaration of Injustice: An Overview
Background
Peter Irons, Justice Delayed: The Record of the Japanese American Internment Cases
Primary Documents--Petition for Writ of Error Coram Nobis, Governments' Response and Exhibits to the Petition
Petition for Writ of Error Coram Nobis--Korematsu v. United States
Government's Response to Petition for Writ of Error Coram Nobis
Exhibits to Petition for Writ of Error Coram Nobis
The Altered Evidence
The Suppressed Evidence
The Footnote
The Direct Misrepresentations
The Coram Nobis Opinions
Korematsu v. United States
Hirabayashi v. United States
Study Modules: Coram Nobis Litigation
Ethics: Truth-telling by Government Lawyers
Notes and Questions
Legal Process: An Intersection of Law and Politics
Reopening the Completed Case: Civil and Criminal Procedure
Reopening the Internment Cases: The Coram Nobis Petitions
The Government's Counter-Motion to Dismiss
Differing Decisions on the Petitions
Notes and Questions
Judicial Review: The Constitutionality of National Security Restrictions of Civil Liberties
Standard of Review in the Internment Cases
Employing Today's Standard of Review to Revisit the Constitutional Question
Notes and Questions
Evidence: What Matters to the Court
Misuse of the Doctrine of Judicial Notice?
Relevance of the "Magic Cables"
Notes and Questions
Political Lawyering: In the Public Interest
Peter Irons, Justice Delayed: The Record of the Japanese American Internment Cases
Notes and Questions
Additional Readings
Images of the Coram Nobis Litigants
Reparations
Japanese American Redress, Continued: An Overview
Background
Appeal for Action to Obtain Redress
Henry Miyatake, Interview by Tom Ikeda
Judicial Action: The Hohri Class Action Damages Case
Peter Irons, Justice Delayed: The Record of the Japanese American Internment
Hohri v. United States (Hohri I)
Hohri v. United States (Hohri II)
Executive Action
Repeal of Executive Order 9066
President's Apology to Japanese Americans
Congressional Action
The Commission on Wartime Relocation and Internment of Civilians
Civil Liberties Act of 1988
Study Modules: Reparations
Emerging Reparations Theory
Martha Minow, Between Vengeance and Forgiveness
Roy Brooks, The Age of Apology, in When Sorry Isn't Enough
Notes and Questions
Procedure: Time Bars over Substance?
Notes and Questions
Remedies: Compensatory Damages for African American and Native American Claims
Notes and Questions
Social Justice: Implications of Japanese American Redress
National and Worldwide Trends
Eric K. Yamamoto, Race Apologies
The Legacy of Japanese American Redress
Eric K. Yamamoto, Friend, Foe or Something Else: Social Meanings of Redress and Reparations
The Potential Underside of the Reparations Process
Eric K. Yamamoto, Racial Reparations: Japanese American Redress and African American Claims
Strategies
Mari J. Matsuda, Looking to the Bottom: Critical Legal Studies and Reparations
Chris Iijima, Reparations and the "Model Minority" Ideology of Acquiescence: The Necessity to Refuse the Return to Original Humiliation
Notes and Questions
Redress: Other Racial and Indigenous Groups
Japanese Latin Americans
Natsu Taylor Saito, Justice Held Hostage: U.S. Disregard for International Law in the World War II Internment of Japanese Peruvians--A Case Study
African Americans
Robert Westley, Many Billions Gone: Is It Time to Reconsider the Case for Black Reparations?
Eric K. Yamamoto, Racial Reparations: Japanese American Redress and African American Claims
Native Hawaiians
Mari J. Matsuda, Looking to the Bottom: Critical Legal Studies and Reparations
Public Law 103-150
South African Reconciliation
Eric K. Yamamoto, Race Apologies
Emily H. McCarthy, Will the Amnesty Process Foster Reconciliation Among South Africans?
Korean Sex Slaves
Notes and Questions
Additional Readings
Race, Rights and Liberty: Contemporary Issues
Korematsu as Precedent: An Overview
"Limited Application" or "Loaded Weapon"?
National Security and Civil Liberties?
Equal Protection?
Reggie Oh and Frank Wu, Essay, The Evolution of Race in the Law: The Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Action for Asian Americans
Study Modules: Is It Happening Again?
Domestic Politics and National Security: 1950s McCarthyism
Mari J. Matsuda, McCarthyism, the Internment, and the Contradictions of Power
Immigration and National Security: 1990s Haitian Interdiction
Cheryl Little, InterGroup Coalitions and Immigration Politics: The Haitian Experience in Florida
War and National Security: Arab Americans and the Gulf War
Race, Rights and National Security: The Wen Ho Lee Prosecution
The Allegations
Unequal Treatment?
Once Again, Does the Enemy Have an Asian Face?
The Cox Report and its Parallels to the DeWitt Report
The Cox Report Refuted
Suspected Partisan Politics Behind the Cox Report
Media Response to the Wen Ho Lee Investigation
Are Asians in America Maligned or Overreacting?
Forever Foreign
Case Closed--or Is It?: Korematsu Revisited
Additional Readings
Table of Cases
Index
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