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