New Directions in Asian American Jurisprudence

Abstract

This article traces the evolution of and highlights developing trends in Asian American jurisprudence. This article presents Asian American jurisprudence not as a singular doctrine or theory, but instead as consisting of multiple strands and facets. Asian American jurisprudence can be seen as a locale for identity, interrogation and praxis. Identity addresses combating racial stereotypes and attempting to form a collective identity. Interrogation refers to three core narratives for Asian Americans: (i) the immigration narrative, (ii) the citizenship narrative and (iii) the racial narrative. Praxis has three dimensions: (i) as a way to combat the absence and invisibility of Asian Americans in legal analysis, (ii) as a way to intervene and modify legal doctrines as applied to Asian Americans and (iii) as a way to engage in explicit political and social activism. Asian American jurisprudence can also provide a framework for analyzing race and racialization. The standard Black-White racial narrative is ill-suited for discussing the experience of Asian Americans. Instead, a three part analytic framework that includes (i) the body primitive, (ii) racial categories and (iii) racial stereotypes is a more nuanced way to analyze Asian American racialization. This article concludes by discussing five works on Asian American jurisprudence that reveal a shift away from narratives of immigration, citizenship and racialization and address new frontiers.