Asian American Law Journal最新文献

{"title":"Redux: Arguing About Asian Americans and Affirmative Action at Harvard After Fisher","authors":"H. Gee","doi":"10.15779/Z38Q52FD2N","DOIUrl":"https://doi.org/10.15779/Z38Q52FD2N","url":null,"abstract":"INTRODUCTION ................................................................................... 20 I.THE STUDENTS FOR FAIR ADMISSION AGAINST HARVARD COLLEGE LAWSUIT .................................................................................. 24 II.REPEATING TIRED OLD ARGUMENTS ............................................. 29 III.DESTINATION: SUPREME COURT? ................................................. 38 IV.BEYOND HARVARD: RACE, ADMISSIONS, AND THE LACK OF STUDENT DIVERSITY ............................................................... 40 CONCLUSION ....................................................................................... 44","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116502503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Asian Americans and Affirmative Action—Again","authors":"Frank H. Wu","doi":"10.15779/Z38FQ9Q585","DOIUrl":"https://doi.org/10.15779/Z38FQ9Q585","url":null,"abstract":"Asian Americans at last have been introduced to the civil rights movement, but in the awkward role of potential spoilers apparently opposed to the interests of African Americans and other people of color. Asian Americans now are the plaintiffs in the ongoing attacks on affirmative action and diversity more generally, in lieu of whites depicted as innocent victims in a spoils system. This informal Essay, based on the keynote address at 2019 symposium on Asian Americans and Affirmative Action, presents ten points in an effort to provoke people to think for themselves, not to persuade them to think as I do. These issues are not new. Asian Americans were involved in the traditional civil rights movement, in a manner not customarily recognized. They have occupied an uneasy position with respect to affirmative action since before the Bakke decision, mentioned in an earlier case since forgotten. I have been working on these issues since I started my career and published on the subject 32 years ago in a newspaper op-ed. I have argued on behalf of equal, fair, and just treatment of Asian Americans and in the advancement of bridge building with others who historically have been excluded. I continue to believe it possible to advocate for Asian Americans as well as universal principles that are needed to sustain a diverse democracy. I offer these thoughts to honor the late Chancellor Chang-lin Tien, who led the University of California, Berkeley (Cal) with distinction. As the first Asian American to head a research university in the States, he was a champion of academic excellence and affirmative action as complementing one another. What do we want Berkeley to look like? Who belongs here? And to whom does it in turn belong? The University of California (UC) system is a public good. It is the engine of economic growth.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134600192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Muslim Americans: Do US Democratic Institutions Protect Their Religious Liberty?","authors":"Engy Abdelkader","doi":"10.15779/Z38TX3567J","DOIUrl":"https://doi.org/10.15779/Z38TX3567J","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130888480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Anti-Chinese Racism at Berkeley: The Case for Renaming Boalt Hall","authors":"Charles Reichmann","doi":"10.15779/Z38FX73Z11","DOIUrl":"https://doi.org/10.15779/Z38FX73Z11","url":null,"abstract":"Those familiar with UC Berkeley School of Law know its traditional name and the name of its primary classroom building - Boalt Hall. Yet few know much about the man who gave the law school its name. A close look at John Boalt’s legacy, however, calls out for a reexamination of the law school’s continued association with Boalt, given the contrast between UC Berkeley’s stated values and Boalt’s influential views that the Chinese were an unassimilable race that ought to be excluded from the United States. Boalt's racial theories were identical to John C. Calhoun's, whose name Yale University recently removed from a residential college on the grounds that Calhoun's principles and legacy are at odds with Yale's mission and values. Through his widely-circulated and virulently racist 1877 address \"The Chinese Question\" and his proposal for a plebiscite on further immigration, Boalt was instrumental in catalyzing support for the Chinese Exclusion Act.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122817376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Promoting Asian American Representation Through Copyright: Moral Rights in The Last Airbender and Fair Use in Ms. Marvel","authors":"J. Tanaka","doi":"10.15779/Z38KP7TR5B","DOIUrl":"https://doi.org/10.15779/Z38KP7TR5B","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115586452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comprehensive Immigration Reform in the Jim Crow Era: Chinese Exclusion and the McCreary Act of 1893","authors":"G. J. Chin, D. Tu","doi":"10.15779/Z38ZW0J","DOIUrl":"https://doi.org/10.15779/Z38ZW0J","url":null,"abstract":"This paper discusses the first immigration amnesty, the McCreary Act of 1893, which regularized the status of tens of thousands of Chinese immigrants to the United States. The Chinese migrants became deportable because they failed to register as required by the Geary Act, based on advice of counsel that the law, applicable on racial grounds, was unconstitutional. Nevertheless, in an era in which racial discrimination was more intense than it is now, and in which Congress had determined that Chinese immigration should end, Congress agreed to let those here remain, on conditions, rather than taking the opportunity to rid the country of Chinese.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128482835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Changing Face of the American Worker","authors":"R. Roberts, Fatima Iqbal, Zahra Billoo","doi":"10.15779/Z383G5F","DOIUrl":"https://doi.org/10.15779/Z383G5F","url":null,"abstract":"INTRODUCTION .......................................................................................... 209 I. HANI’S STORY ..................................................................................... 212 II. RELEVANT CASES BEFORE HANI’S FIRING........................................ 215 III.HANI’S SUMMARY JUDGMENT VICTORY .............................................. 216 CONCLUSION: MOVING FORWARD ............................................................ 218","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131170124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Recycled Hate: Tyler Clementi, Dharun Ravi, and Those in the Crossfire","authors":"Joseph Bui","doi":"10.15779/Z38BW0B","DOIUrl":"https://doi.org/10.15779/Z38BW0B","url":null,"abstract":"In the aftermath of Tyler Clementi’s tragic suicide, many called for the imprisonment and deportation of the young man they found to be responsible: his roommate, Dharun Ravi. Ravi briefly viewed and publicly ridiculed Clementi’s romantic encounters with another man. Clementi jumped off the George Washington Bridge shortly after. Punishing Ravi became a rallying cry for many progressive-minded people who believed that imprisoning and deporting Ravi would promote civil rights. This Article complicates that narrative. Punishing non-citizens uniquely harshly for hate and bias offenses does not advance the goals of hate crime legislation. It subverts those goals. The disproportionate attention on Dharun Ravi and the South Asian community allows homegrown homophobia to go unchecked. The calls to deport and criminalize non-citizens feed into narratives that facilitate hate-motivated violence against people of color and the LGBT community. And the renewed tensions between the LGBT and South Asian communities allow conservatives to continue pursuing a policy of divide and conquer.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126150803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Connecting State Violence and Anti-Violence: An Examination of the Impact of VAWA and Hate Crimes Legislation on Asian American Communities","authors":"Pooja S. Gehi, Soniya Munshi","doi":"10.15779/Z38R864","DOIUrl":"https://doi.org/10.15779/Z38R864","url":null,"abstract":"In the United States, the dominant approach to responding to various forms of interpersonal violence, such as intimate violence or bias attacks, supports and expands the state apparatus of incarceration. For communities of color and LGBTQ (lesbian, gay, bisexual, trans, and queer) communities who are already at risk for institutional violence, solutions that are built on a foundation of criminalization become a source of violence as they intensify policing mechanisms. These uneasy dynamics can be examined through a closer look at legislation intended to protect survivors of intimate violence and hate crimes. Analyzing the emergence of legislative responses to violence that is committed against people who are marginalized because of their race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability provides an insight into systematized sociopolitical institutions, such as the state incarceration apparatus. Legislation that addresses “violence against women” and “hate crimes” are used both against and in “protection of” Asian American communities and offer illustrative examples of the relationship between individualized violence and state violence. In this Article, we examine how these legislative acts exclude, neglect, and punish survivors who deviate from the parameters of the “model minority victim.” Next, we examine the impact of these different legal remedies -- how they expand state criminalization of immigrant communities and perpetuate negative stereotypes of people of color, and how they rely on the criminal-legal infrastructure in the United States for “safety” and “punishment” and serve to build the perpetually expanding prison system. Finally, we examine the potential for transformative justice strategies as a response to individualized violence that do not rely on the state. We look at the ways in which state-based responses to violence contribute to race-based discrimination and fail to encourage solidarity among people of color. Instead, we propose a shift away from state-based responses to community-based responses that identify all forms of violence whether personal, political, state, or systemic.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116005416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Systems Approach to Identifying Structural Discrimination Through the Lens of Hate Crimes","authors":"H. Singh, Jaspreet Singh, Prabhjot Singh","doi":"10.15779/Z386K3S","DOIUrl":"https://doi.org/10.15779/Z386K3S","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123345161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}