{"title":"The Arrival of Asian Americans An Agenda for Legal Scholarship","authors":"Frank H. Wu","doi":"10.15779/Z38827F","DOIUrl":"https://doi.org/10.15779/Z38827F","url":null,"abstract":"Asian Americans have arrived. Every generation supposes itself to invent the world anew, but for Asian Americans as a racial minority group, there has been no better time than the present moment. In the past decade, Asian immigrants and their American-born descendants have become so numerous and prominent that it has become impossible to ignore their communities and claims. According to the 2000 census, Asian Americans number approximately 11,899,000, or about four percent of the overall national population of about 281,422,000.' Even and perhaps especially those who are alarmed by the changing demographics of the United States, along with scholars studying race matters and activists for racial justice, must take into account Asian Americans. The exact ends and means of integrating Asian Americans should be articulated rather than assumed. Consider the changes within just the legal academy. Asian Americans and Asian American studies are both flourishing. Without exaggerating Asian American achievements, it can be said it must be said the number of Asian American students has increased dramatically. In 1982-83, Asian American enrollment at law schools was only 1,947.2 In 2001-02, Asian","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128596989","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":"Interest Convergence, Negative Action, and SFFA vs. Harvard","authors":"Julie J. Park","doi":"10.15779/Z38804XK4T","DOIUrl":"https://doi.org/10.15779/Z38804XK4T","url":null,"abstract":"I. INTEREST CONVERGENCE: THE FULL REALIZATION In 2009, my collaborator Amy Liu and I started writing a paper on Asian Americans and affirmative action that eventually became our paper “Interest Convergence or Divergence? A Critical Race Theory Analysis of Asian Americans, Meritocracy, and Critical Mass in the Affirmative Action Debates.” In that paper, we argued that any effort to adopt Asian Americans into the anti-affirmative action cause represented interest convergence, a term that originated within Critical Race Theory. Interest convergence describes how it is unlikely for the White majority to adopt the interests of people of color unless there is a clear way that Whites would benefit—in other words, when there is a convergence of interests. When we started writing, there had not been any high-profile cases challenging affirmative action featuring Asian American plaintiffs although, in 2006, Jian Li filed a complaint against Princeton University alleging discrimination. Still, at the time of writing, we were not too far removed from the 2003 University of Michigan Grutter v. Bollinger and Gratz v. Bollinger cases and had yet to undergo the two Fisher v. University of Texas Supreme Court cases, all of which featured White female plaintiffs.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133763966","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 Enduring Effect of the Chinese Exclusion Cases: The Plenary Power Justification for On-Going Abuses of Human Rights","authors":"N. Saito","doi":"10.15779/Z384K4H","DOIUrl":"https://doi.org/10.15779/Z384K4H","url":null,"abstract":"We tend to think of Chae Chan Ping v. United Statesi and the other Chinese exclusion cases of the late 1800s as a remnant of the racist past of Asian exclusion and segregation in America. However, these cases have had a tenacious grip on American law, and are very much alive and well. In the Chinese exclusion cases the Supreme Court first articulated the \"plenary power\" doctrine in the context of immigration law. Shortly thereafter, the plenary power doctrine also became a cornerstone of federal law governing both American Indian nations and external colonies such as Puerto Rico and Guam.2 Today, it is the plenary power doctrine articulated in these cases which allows the Justice Department to engage in the highly troubling selective imprisonment and deportation of Muslim, Arab, and Middle Eastern immigrants. The Chinese exclusion cases provide a valuable lens through which we can look at the significant role that the plenary power doctrine exercises in contemporary American jurisprudence. As such, they illustrate that the treatment of Asian Americans in the law cannot be dismissed as aberrational. More than a century of plenary power cases further demonstrate that the fate of Asian American communities is inextricably linked to that of all those deemed \"Other\" in America today, whether by virtue of race, ethnicity, national origin, religion, or citizenship status.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133888989","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 Law Journal Symposium on Labor and Immigration","authors":"Hina B. Shah","doi":"10.15779/Z38C28W","DOIUrl":"https://doi.org/10.15779/Z38C28W","url":null,"abstract":"I'm going to address the role of attorneys as organizers. Usually when you think about attorneys, you don't think about attorneys' roles as organizers or as part of the broader struggle of the community. Where I work, at the Asian Law Caucus, the two worlds really do meet: we try to fuse our litigation with being active outside the litigation to empower and organize immigrant workers. I'm going to talk about the framework we use at the Asian Law Caucus and how I specifically use it in the employment and labor project to empower immigrant workers. There are basically four steps to empowerment in organizing immigrant workers. These are empowerment through education, through community organizing, through litigation, and through coalition building. All of these steps are intertwined; they are not separate things and you can't think about them productively in separate contexts. You do want them to depend on each other. We try to do all of them together and that's a hard task, but a productive one. Whenever you're going after an employer and advocating for immigrant workers, you try to use a multi-pronged approach. Lora Foo talked about it this morning: you've got to attack a problem from all sides instead of using the narrow focus that law school teaches you to think about, which stresses only litigation and legal solutions. At the Asian Law Caucus we really try to find a broad-based solution. But without thinking outside of that litigation/lawyer box, we are not really going to be able to empower or organize workers. In empowering immigrant workers, education is one of the most basic needs we address. We strive to provide education on their legal rights, education on what they can do to advocate for themselves and for their fellow workers. Most immigrant workers come from countries that have poor labor laws. They come from countries where government agencies are not friends of the workers or friends of the poor. They are often accustomed to dealing with corruption. A lot of immigrant workers are afraid","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125133307","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":"Foreword: Law in Living Color","authors":"M. Russell","doi":"10.15779/Z38ZC6B","DOIUrl":"https://doi.org/10.15779/Z38ZC6B","url":null,"abstract":"When asked by the editors of the Asian Law Journal to serve as guest editors for a special symposium issue on race, law, and film, Professor Margaret Chon and I welcomed the opportunity for a number of reasons. First, the Asian Law Journal occupies a singular position among law reviews in its explicit commitment to foster scholarship focusing on the history, experiences, and concerns of Asians in the United States and intemational legal systems; it is an honor to be associated with such a critically important enterprise. Second, the specific topic of this symposium issue is unique as well; although the broader subject of law and film has been explored in recent years through the innovative work of Professor John Denvir and others,' this symposium is the first volume of essays focusing particularly on the analysis of films as a means to understand the role of race in American law. Given the burgeoning interest in interdisciplinary critiques of popular culture in contemporary explorations of race, it seems both timely and illuminating to focus the lens of scholarly analysis on the way in which popular movies depict racial themes in the law. Finally, as we consulted with the ALJ editors about the possible themes of and contributors to this project, Margaret Chon and I realized with great excitement that this collaboration presents the fortuitous opportunity for us to work with talented scholars in such fields as critical race theory, queer theory, and feminist theory-and, we hope, to bring their thought-provoking and original work to a new and broader audience of legal practitioners and laypersons, as well as legal scholars and law students. What, then, is the purpose of a symposium on the theme of race, law,","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130180415","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 Color Fault Lines: Asian American Justice from 2000","authors":"Eric K. Yamamoto","doi":"10.15779/Z38PP3R","DOIUrl":"https://doi.org/10.15779/Z38PP3R","url":null,"abstract":"This symposium aims to connect those of us here scholars, lawyers, community workers and law students. It also aims to link \"us\" with our Asian American communities, and then beyond, with African Americans, Native Americans and Hawaiians, Latinas/os and white Americans of good will, and then beyond that, with all people struggling against forms of social discrimination. In doing so, the symposium specifically aims to further a joint project of envisioning Asian American participation in justice struggles from the Year 2000 on. Let's turn to history to my spring semester, second year at Boalt Hall, when I took a two-credit externship at Dale Minami's new law office in Oakland (Dale had just left the Asian Law Caucus). Late every Thursday, Dale would sit and talk about political lawyering about the importance of not only knowing the mechanics of in-the-trenches lawyering practice, but also of having a sophisticated theoretical grasp of how law and the courts really operate in a largely white-dominated (but demographically changing), capitalist society. He was skeptical and hopeful, harsh and uplifting and always critically strategic. He would tell me, \"start now, do; but also always read and think.\" So I did small legal things in the Asian American community and with APALSA. I studied Marxist Theory of the State and Law and Ancient Law, and I read Legal Realism, Legal Process, Asian American History, John Rawls and \"Law Against the People.\" (I would have taken critical race theory and social justice courses with Professors Harris and Wildman if they had existed.) When I started a complex litigation practice and did community law work, I found the critical take on law and legal process immensely useful. Seeing the system from the outside helped me function on the inside. Several years later, this all came even more vividly to life when Dale and others asked me to join the Fred Korematsu coram nobis legal team to reopen the infamous WWII Japanese American internment case Korematsu","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130368620","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":"Moving Beyond the Partner Track","authors":"S. Mangena","doi":"10.15779/Z38WP2D","DOIUrl":"https://doi.org/10.15779/Z38WP2D","url":null,"abstract":"There is a pervasive belief in the United States th at if you work hard, you will succeed. Many attorneys, particularly min ority associates, have internalized this ethos by putting their heads down and racking up billable hours, despite narratives that suggest hard work is far from sufficient for advancement. The Partner Track, a novel by Chinese-American attorney Helen Wan, explores the complexities of this dynami c in the context of a major Manhattan law firm. As she tells the story of Ingrid Yung, a ChineseAmerican attorney on the cusp of partnership, Wan r ecognizes that promotion of an Asian woman to partner is unlikely in major law firms, and that promotion in and of itself is not wholly t he result of nor does it result in curing the obstacles faced by minority as sociates and partners. Her narrative suggests that firms could substantively s upport minority attorneys with initiatives that address underlying racial an d gender dynamics. Reoriented diversity programs could more consciously address those dynamics by instituting more comprehensive me ntorship for incoming minority attorneys; more than that, such p rograms could attract affluent clients and so facilitate profit-making an d firm growth, in addition to making marked improvements for minorities. The Partner Track begins with Ingrid as a senior associate advancing toward partnership at the fictional preeminent law firm Parsons Valentine. After years of high-quality work and assurances fro m senior partners, she expects a partnership offer within the year. 2 Other women who joined Parsons Valentine with Ingrid left to start familie s and embark on other ventures, but she persisted. 3 Ingrid is pushed forward by the expectations of","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128910583","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":"Tax and Race: The Impact on Asian Americans","authors":"Mylinh Uy","doi":"10.15779/Z38G00V","DOIUrl":"https://doi.org/10.15779/Z38G00V","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123979715","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":"Forsaken and Forgotten: The U.S. Internment of Japanese Peruvians During World War II","authors":"Lika C. Miyake","doi":"10.15779/Z38NP3D","DOIUrl":"https://doi.org/10.15779/Z38NP3D","url":null,"abstract":"The internment of Japanese Americans during World War 11 has been well discussed by scholars, but few remember or even know about the internment of Japanese Peruvians in the US. This note examines the history of the Japanese Peruvian internment, focusing on the US. government's legal justification for the program and the unjust treatment of the Japanese Peruvians under the US. immigration system after the conclusion of the war. The author considers US. legal and constitutional theories and cases relevant to the Japanese Peruvian internment and highlights the vulnerability of non-citizens in the US. during wartime. In conclusion, the author argues that the US. government should grant Japanese Latin Americans reparations equal to that mvarded to Japanese Americans. Furthermore, the US. government should acknowledge the responsibility to avoid race or nationality-based bias, whether in crafting domestic policy or acting in foreign affairs.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115691549","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":"Pioneers in the Fight for the Inclusion of Chinese Students in American Legal Education and Legal Profession","authors":"Li Chen","doi":"10.15779/Z38JC66","DOIUrl":"https://doi.org/10.15779/Z38JC66","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130895025","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}
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