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Author: Eric K. Yamamoto Publisher: Oxford University Press ISBN: 0190878959 Category : Law Languages : en Pages : 265
Book Description
The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America - an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration - a decision later found to be driven by the government's presentation of "intentional falsehoods" and "willful historical inaccuracies" to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers - realpolitik advocacy - at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
Author: Eric K. Yamamoto Publisher: Oxford University Press ISBN: 0190878959 Category : Law Languages : en Pages : 265
Book Description
The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America - an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration - a decision later found to be driven by the government's presentation of "intentional falsehoods" and "willful historical inaccuracies" to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers - realpolitik advocacy - at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
Author: Eric K. Yamamoto Publisher: ISBN: 9780190878986 Category : Civil rights Languages : en Pages :
Book Description
The national security and civil liberties tensions of the World War II mass Japanese American internment (incarceration) link 9/11 and the 2015 Paris-San Bernardino attacks to the era in America darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association, and speech, and one marked by increasingly volatile protests against racial and religious discrimination. This text discusses the broad civil liberties challenges posed by these past-into-the-future linkages, highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law.
Author: Eric K. Yamamoto Publisher: Aspen Publishing ISBN: 1543823440 Category : Law Languages : en Pages : 542
Book Description
Race, Rights and National Security: Law and the Japanese American Incarceration is both a comprehensive resource and course book that uses the lens of the WWII imprisonment of Japanese Americans to explore the danger posed when the country sacrifices the rule of law in the name of national security. Following an historical overview of the Asian American legal experience as unwanted minorities, the book examines the infamous Supreme Court cases that upheld the orders leading to the mass incarceration and their later reopening in coram nobis proceedings that proved the government lied to the Court. With that foundation, the book explores the continued frightening relevance of those cases, including how racial and religious minorities continue to be harmed in the name of national security and the threat to democracy when courts fail to act as a check on their co-equal branches of government. New to the Third Edition: An entirely new section, which views the recent targeting of religious minorities through the lens of the Japanese American incarceration, including the Muslim travel ban case of Trump v. Hawaii, which purported to overrule Korematsu v. United States. A continuous inquiry throughout the book regarding the role of courts in reviewing government actions taken in the name of national security, the tensions inherent in identifying that role, the potential cost of excessive court deference, and a proposed method for judicial review of national security-based government actions. Updated text, including revisions that tailor the book’s content to its revised focus on national security, enhanced discussions of early anti-Asian exclusionary laws and Ex Parte Endo; recent events raising parallels to the Japanese American incarceration, such as the incarceration of immigrants and family separation at the southern border and the continued negative stereotyping of Asian Americans. Augmented discussion of ethical rules in relation to misconduct by government lawyers during World War II. Professors and students will benefit from: A succinct overview of Asian American legal history An overarching narrative that takes the reader from early anti-Asian discriminatory laws to the wartime Japanese American incarceration to today, interweaving carefully contextualized case law with questions, original government and litigation documents, oral histories, commentary, and photographs to stimulate class discussion. A focus on both the legal and non-legal issues surrounding the Japanese American incarceration, so that readers consider how the legal system, the law, and players within the legal system act within a broader milieu of politics, economics, and culture. The ability to understand law and the legal system in a way that is both interdisciplinary and that crosses different areas of law. The book treats subjects such as race relations and critical race theory; constitutional, criminal, and national security law; criminal and civil procedure; professional ethics; evidence; legal history; and lawyering practice. A professor in the area of constitutional law, for example, might excerpt relevant portions of the book to supplement the standard, typically decontextualized case law treatment of the Korematsu and Hirabayashi cases. At the same time, this book explores these and other cases in their historical and political context and addresses the law’s real human impact. Finally, the story of the Japanese American incarceration provides a powerful starting place for students to discuss a range of present-day issues regarding stereotypes and profiling, government restraint on liberties, national protectionism, and civic responsibility. If teaching at its best is about engaging students’ hearts and minds, and provoking stimulating debate, these materials are designed to facilitate just that.
Author: Victor Bascara Publisher: Cambridge University Press ISBN: 1108875750 Category : Literary Criticism Languages : en Pages : 399
Book Description
This volume is devoted to Asian American Literature between 1930 to 1965, a period of immense social, historical, and cultural transformations that continue to shape the conditions of our world. From the Great Depression to the Second World War to the Civil Rights Movement to landmark immigrations reforms, Asian American literature provides unique and insightful perspectives on these historical developments, all while creatively engaging with globally-dispersed decolonization movements. Each chapter, written a by leading figures in their fields, demonstrates how Asian American writing affectingly reveals our complex world and its contested pasts. Case studies of major authors of this era show this as a time when the figure of the Asian American author became newly significant. This volume provides historical grounding, theoretical interventions, and nuanced textual analysis of Asian American literature in this period.
Author: Roger Daniels Publisher: Plunkett Lake Press ISBN: Category : History Languages : en Pages : 126
Book Description
Well established on college reading lists, Prisoners Without Trial presents a concise introduction to a shameful chapter in American history: the incarceration of nearly 120,000 Japanese Americans during World War II. With a new preface, a new epilogue, and expanded recommended readings, Roger Daniels’s updated edition examines a tragic event in our nation’s past and thoughtfully asks if it could happen again. “[A] concise, deft introduction to a shameful chapter in American history: the incarceration of nearly 120,000 Japanese-Americans during World War II.” —Publishers Weekly “More proof that good things can come in small packages... [Daniels] tackle[s] historical issues whose consequences reverberate today. Not only [does he] offer cogent overviews of [the] issues, but [he] is willing to climb out on a critical limb... for instance, writing about the incarceration of Japanese-Americans during WW II... ‘this book has tried to explain how and why the outrage happened. That is the role of the historian and his book, which is to analyze the past. But this historian feels that analyzing the past is not always enough’ — and so he takes on the question of ‘could it happen again?’ and concludes that there’s ‘an American propensity to react against “foreigners” in the United States during times of external crisis, especially when those “foreigners” have dark skins,’ and that Japanese-Americans, at least, ‘would argue that what has happened before can surely happen again.’” — Kirkus Reviews “An outstanding resource that provides a clear and concise history of the mass incarceration of Japanese Americans during World War II.” — Alice Yang Murray, University of California, Santa Cruz “Especially in light of the events following September 11, 2001, Roger Daniels has done us a great favor. In a slender book, he tells, with the assurance of a master narrator, an immense story we — all of us — ignore at the peril of our freedoms.” —Gary Y. Okihiro, Columbia University “No book could be more timely. How, as a different immigrant minority is under racial pressure associated with a feared enemy, the updated Prisoners Without Trial helps us see clearly what lessons we may draw from the past.” — Paul Spickard, author ofJapanese Americans “In the epilogue to the first edition of Prisoners without Trial, Roger Daniels thoughtfully asked, ‘Could it happen again?’ Today, in post-9/11 America, that question has an answer: It can and it has. Daniels addresses these issues in a revised edition of this classic, and he finds the U.S. government perilously close to repeating with the Arab American population mistakes it made with the Japanese Americans.” —Johanna Miller Lewis, University of Arkansas at Little Rock
Author: David Kretzmer Publisher: Oxford University Press, USA ISBN: 0190696028 Category : Law Languages : en Pages : 561
Book Description
"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--
Author: Sora Y. Han Publisher: Stanford University Press ISBN: 0804795010 Category : Law Languages : en Pages : 184
Book Description
One of the hallmark features of the post–civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality—spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.
Author: Lorraine K. Bannai Publisher: University of Washington Press ISBN: 029580629X Category : Social Science Languages : en Pages : 312
Book Description
Fred Korematsu’s decision to resist F.D.R.’s Executive Order 9066, which provided authority for the internment of Japanese Americans during World War II, was initially the case of a young man following his heart: he wanted to remain in California with his white fiancée. However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights. After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah. He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu’s case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress. Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.
Author: Lee Ann Roripaugh Publisher: Penguin (Non-Classics) ISBN: Category : Poetry Languages : en Pages : 86
Book Description
Lee Ann Roripaugh has been hailed by Ishmael Reed as "one of the brightest talents" writing poetry today. In this collection, she gives voice to the Japanese immigrants of the American West. In an unforgiving land of dirt and sagebrush, mothers labor to teach their children of the ocean, old men are displaced by geography and language, and the ghosts of Hiroshima clamor for peace. Lee Ann Roripaugh's exquisitely crafted poems rise from the pages of Beyond Heart Mountain burdened with memory and pain, yet converting these to powerful art--art that is like "the pattern of kimono found burned into a woman after Hiroshima . . . almost too beautiful, too horrible . . . to bear." Remember to raise bright orbs of rice-paper lanterns by the goldfish pond, so they can watch for me with the yellow, unblinking gaze of nocturnal things . . . --from "Peony Lantern"
Author: Michael A. Olivas Publisher: Arte Publico Press ISBN: 1558854762 Category : Law Languages : en Pages : 399
Book Description
This collection of ten essays commemorates the 50th anniversary of an important but almost forgotten U.S. Supreme court case, Hernandez v. Texas, 347 US 475 (1954), the major case involving Mexican Americans and jury selection, published just before Brown v. Board of Education in the 1954 Supreme Court reporter. This landmark case, the first to be tried by Mexican American lawyers before the U.S. Supreme Court, held that Mexican Americans were a discrete group for purposes of applying Equal Protection. Although the case was about discriminatory state jury selection and trial practices, it has been cited for many other civil rights precedents in the intervening 50 years. Even so, it has not been given the prominence it deserves, in part because it lives in the shadow of the more compelling Brown v. Board case. There had been earlier efforts to diversify juries, reaching back at least to the trial of Gregorio Cortez in 1901 and continuing with efforts by the legendary Oscar Zeta Acosta in Los Angeles in the 1960s. Even as recently as 2005 there has been clear evidence that Latino participation in the Texas jury system is still substantially unrepresentative of the growing population. But in a brief and shining moment in 1954, Mexican-American lawyers prevailed in a system that accorded their community no legal status and no respect. Through sheer tenacity, brilliance, and some luck, they showed that it is possible to tilt against windmills and slay the dragon. Edited and with an introduction by University of Houston law scholar Michael A. Olivas, Colored Men and Hombres Aqui is the first full-length book on this case. This volume contains the papers presented at the Hernandez at 50conference which took place in 2004 at the University of Houston Law Center and also contains source materials, trial briefs, and a chronology of the case.
Author: Eric K. Yamamoto
Author: Eric K. Yamamoto
Author: Eric K. Yamamoto
Author: Eric K. Yamamoto
Author: Victor Bascara
Author: Roger Daniels
Author: David Kretzmer
Author: Sora Y. Han
Author: Lorraine K. Bannai
Author: Lee Ann Roripaugh
Author: Michael A. Olivas