Asian American Law Journal最新文献

{"title":"Obnoxious to Their Very Nature: Asian Americans and Constitutional Citizenship","authors":"Leti Volpp","doi":"10.15779/Z382S28","DOIUrl":"https://doi.org/10.15779/Z382S28","url":null,"abstract":"This essay examines the curious juxtaposition of the terms Asian American and American citizenship. While the latter might be thought to easily embrace the former, historically this has not been the case. Recent events suggest that there still exists a contradictory relationship between Asian American racialization and the idea of citizenship. The essay examines four different discourses of citizenship: citizenship as legal status, citizenship as rights, citizenship as political activity, and citizenship as identity/solidarity, and investigates how race fractures the promise of each of these discourses. The racialization of Asian Americans seems especially at odds with two of these discourses. The racialization of Asian Americans as disloyal and politically corrupt contradicts the idea of citizenship as produced through political activity, which might cast skepticism on recent calls for a renaissance of civic republicanism. And Asian Americans are not thought to represent the United States citizenry as a matter of identity. This suggests that citizenship as identity is ontologically separate from citizenship as a legal matter, in other words,access to citizenship in the form of formal legal status or in the form of rights, does not guarantee full citizenship.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132397945","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":"Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950","authors":"Hrishi Karthikeyan, G. J. Chin","doi":"10.15779/Z385G4Q","DOIUrl":"https://doi.org/10.15779/Z385G4Q","url":null,"abstract":"This essay explores the relationship between Asian American population and applicability of anti-miscegenation laws to that group in the first half of the 20th Century, testing legal scholar Gilbert Thomas Stephenson's theory that racial restrictions would arise whenever non-whites of any race exist in considerable numbers. Several states prohibited Asian-white intermarriage even though the Asian American numbers failed even remotely to approach those of the white population in those states. These anti-miscegenation statutes were unique in the Jim Crow regime in the degree of specificity with which they defined the racial categories subject to the restrictions, using precise terms like Japanese or Mongolians, rather than broad terms like colored. Further, the number of statutes applicable to Asians more than doubled between 1910 and 1950, even though census data shows that the proportion of Asian population was stable or declining in these states, and in any event tiny. The proliferation of anti-Asian miscegenation laws raises important questions about the racial landscape of our country during this period. Correlating census data with the development of anti-miscegenation statutes suggests that population does have an impact on whether states would restrict Asian marriage, but in a more complex way than Stephenson proposed. In all states in which Asian-white marriage was restricted by race, so too was African American-white intermarriage; no statutes targeted Asians alone. But in virtually all states restricting African American intermarriage where there was a discernable Asian population - 1/2000th or more - Asian intermarriage was also regulated. The combination of a state's inclination to segregate, plus a visible Asian population, reliably predicts when Asians would be covered by a statute. This suggests that in the states where racially diverse populations were seen as threats appropriately subject to legal regulation, the nature of the problems presented by the various races was the same.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126647914","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 Fight to be American: Military Naturalization and Asian Citizenship","authors":"Deenesh Sohoni, Amin Vafa","doi":"10.15779/Z38PC3B","DOIUrl":"https://doi.org/10.15779/Z38PC3B","url":null,"abstract":"In 1862, Congress passed legislation granting foreigners serving in the U.S. military the right to expedited naturalization. Although driven by pragmatic concerns, \"military naturalization\" served as a powerful symbolic message: those willing to fight for the United States are worthy of its citizenship. At the same time, military naturalization conflicted with existing laws that limited naturalization to whites and blacks. In this Article, we analyze how courts weighed the competing ideologies of citizenship by examining court cases brought by Asian aliens seeking military naturalization between 1900 and 1952. Our research demonstrates the importance of instrumental and ideological pressures in shaping the legal understanding of U.S. citizenship, as well as the contradictions that emerged as the judiciary sought to bring coherence to conflicting legislative acts regarding naturalization. More significantly, we show how decisions made by the courts in defining the pertinent legal issues in military naturalization cases helped perpetuate racialized conceptions of citizenship. t Dcenesh Sohoni is Associate Professor of Sociology, College of William and Mary. Amin Vafa is a graduate student at the Elliott School for International Affairs at George Washington University. The authors are grateful for valuable suggestions and insightful comments from Catherine Lee, Megan McQuiddy, Misha Petrovic, Tracy Sohoni, and the editors of the Asian American Law Journal. This work was supported in part by a William and Mary Faculty Summer Research Grant. An earlier version of this paper was presented at the meetings of the American Sociological Society (2007). Please direct all correspondence to Deenesh Sohoni, Department of Sociology, College of William and Mary, P.O. Box 8795, Williamsburg, VA 23187; e-mail: dssoho@wm.edu.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127834392","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 Immigration Reform","authors":"B. Hing","doi":"10.15779/Z38T573","DOIUrl":"https://doi.org/10.15779/Z38T573","url":null,"abstract":"Asian Americans have a lot to gain from progressive immigration reform. Today, our relatives abroad make up the bulk of those who are on a waiting list that can last almost two decades in some categories. Many young men and women from our communities face deportation even though they have grown up in the United States. Some are subjected to harsh Immigration and Customs Enforcement (ICE) raids and detention policies. Of the estimated twelve million undocumented immigrants in the country, demographers tell us that more than 10 percent are from Asian or Pacific countries. Many undocumented Asian Americans are college or college-bound students who have been praying for the passage of the DREAM Act so that they can get legalized and contribute more fully to U.S. society.Perhaps most importantly, Asian Americans should care about immigration policies because even the most cursory review of Asian American history informs us that immigration laws and enforcement have shaped and reshaped our communities since the 1800s. Today, every Asian American subgroup, with the exception of Japanese Americans, remains predominately foreign-born. And when anti-immigrant restrictionists wage attacks on newcomers, it should not take much to realize that the targets could be us, because in fact, the target is us.In this essay, I first review a handful of policies that relate directly to issues affecting Asian immigration. Then I turn to other big immigration policy questions that all Americans, including Asian Americans, should contemplate. Addressing those questions directly and without delay is an important step in resolving the tension over immigration that affects all communities of color in the United States.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130481708","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":"Alienable Citizenship: Race, Loyalty and the Law in the Age of American Concentration Camps, 1941-1971","authors":"Masumi Izumi","doi":"10.15779/Z38GZ96","DOIUrl":"https://doi.org/10.15779/Z38GZ96","url":null,"abstract":"Whenever there shall be in existence ... an [internal security] emergency, the President, acting through the Attorney General, is hereby authorized to apprehend and by order detain ... each person as to whom there is reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage and sabotage. Emergency Detention Act § 103(a) (1950)","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133134744","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":"Exiled once Again: Consequences of the Congressional Expansion of Deportable Offenses on the Southeast Asian Refugee Community","authors":"Gary K Chow","doi":"10.15779/Z38500R","DOIUrl":"https://doi.org/10.15779/Z38500R","url":null,"abstract":"On November 16, 2003, the New York Times published \"In a Homeland Far from Home,\" an article chronicling the life of Loeun Lun, a Cambodian refugee, whom the United States government deported to Cambodia due to recent changes in immigration law.' Loeun Lun was born to Soun Dok, an impoverished peanut farmer in the midst of the intense economic and social turmoil that defined Cambodia in 1975.2 During this period, Cambodia's communist dictatorship, the Khmer Rouge, brutally relocated citydwellers to the countryside and tore apart families, placing many into forced-labor camps.' Dok and Lun languished in one such labor camp, facing abuse at the hands of guards.4 At one point, soldiers buried Dok up to her neck in mud and left her to die to punish her for supplementing her meager allowance of gruel with bamboo shoots.5 She eventually escaped and reunited with Lun and together they","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131129230","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":"Korematsu v. United States: A Constant Caution in a Time of Crisis","authors":"Susan K. Serrano, Dale Minami","doi":"10.15779/Z380W19","DOIUrl":"https://doi.org/10.15779/Z380W19","url":null,"abstract":"Twenty years ago, in a crowded federal courtroom for the Northern District of California, Fred Korematsu uttered a simple request: \"I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.\"1 Korematsu and his team of young lawyers were there that day to argue for vacating his 1942 conviction for disobeying military wartime exclusion and detention orders, and to end the public stigma of disloyalty imprinted by the original Korematsu decision onto the Japanese American community. Unearthed documents had revealed that no military necessity existed to justify the incarceration, and that government decision makers knew this at the time, and later lied about it to the Supreme Court. On that day, November 19, 1983, forty years after the United States Supreme Court upheld his conviction, Judge Marilyn Hall Patel reversed Korematsu's conviction, acknowledging the \"manifest injustice\" done to him and to all those interned.3 In the original 1944 Korematsu decision, the United States Supreme Court upheld the mass incarceration of 120,000 Americans of Japanese ancestry during World War II without charges, notice, trial or due process, and without any evidence of espionage and sabotage by persons of","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123465269","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":"Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics","authors":"R. Chang","doi":"10.15779/Z38RP21","DOIUrl":"https://doi.org/10.15779/Z38RP21","url":null,"abstract":"This brief essay explores the goals and challenges in constructing a course on Asian Americans and the Law. In published form, this essay will be accompanied by a course syllabus.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114797744","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":"'Yellow' Skin, 'White' Masks: Asian American 'Impersonations' of Whiteness and the Feminist Critique of Liberal Equality","authors":"Suzanne A. Kim","doi":"10.15779/Z38Z58W","DOIUrl":"https://doi.org/10.15779/Z38Z58W","url":null,"abstract":"In two historical Supreme Court cases from the early part of the twentieth century, when only whites and blacks could be United States citizens, two Asian American immigrants made the startling move of claiming that they were \"white\" and, therefore, deserved to be naturalized. The two petitioners - Takao Ozawa and Baghat Singh Thind - claimed they were white by dint of skin color, anthropological evidence, culture, and various other qualities suggesting they \"belonged\" to America. The petitioners' claims resonated with one central message: \"I am just like you.\" Thind's and Ozawa's claims ultimately failed. The petitioners were denied citizenship because the Supreme Court, not surprisingly, held that they did not qualify as \"white,\" and that despite their claims to the con-trary, Ozawa and Thind were just \"different.\" \u0000 \u0000These cases are instructive not only for what they tell us about racial hierarchy and barriers faced by Asian Americans at the time, but also for what they say about current issues surrounding Asian American identity and the ineffectiveness of claiming sameness when one will invariably be labeled as different. Ozawa's and Thind's claims to whiteness and its attendant privilege serve as stark historical examples of a current phenomenon exhibited by some Asian Americans today: making assimilationist claims to the privilege of dominant, white culture in contem-porary debates implicating the concerns of Asian Americans. Echoes of Ozawa's and Thind's claims to whiteness sound throughout the rhetorical positions that some Asian Americans have assumed in current debates, includ-ing affirmative action. In this debate, the controversial \"model minority myth\" has served as the foundation for Asian Americans' claims resembling Ozawa's and Thind's, claims assuring racial insiders, \"I am just like you.\" \u0000 \u0000This paper situates these historical and current claims to whiteness by Asian Americans in the context of Catharine MacKinnon's feminist critique of the liberal model of equality, which forces those seeking \"equality\" to claim similarity to dominant norms. By virtue of traditional equal protection doctrine's \"similarly situated\" require-ment, those who are the same must be treated equally, and conversely, those who are different may be treated as such. MacKinnon's critique demonstrates how women seeking gender equality and racial minorities seeking racial equality, at the very least, face a patent unfairness insofar as they are required to equate themselves with their oppressors to remedy the conditions of their subordination. Furthermore, at worst, women and racial minorities face a doctrinal trap in which they are never meant to gain equality, since women and racial minorities are socially de-fined as \"different.\" Equality claims ultimately collapse inward, as they are founded on a disingenuous struc-ture that treats sameness and difference as exact opposites, when, in actuality, they bear a hierarchical relationship to one another, with \"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"209 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121200053","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":"Equity Denied: Historical and Legal Analyses in Support of the Extension of U.S. Veterans' Benefits to Filipino World War II Veterans","authors":"Michael A. Cabotaje","doi":"10.15779/Z38129V","DOIUrl":"https://doi.org/10.15779/Z38129V","url":null,"abstract":"Filipino Army veterans played an essential role in the United States' victory in the Pacific during World War II. Although their contributions to this effort were recognized by the President and Congress, these individuals have been denied the promised right to veterans' benefits. The author presents the historical context behind the promulgation of 38 US.C. § 107, the key legislation that denied Filipino World War II veterans their benefits. The author explains the judicial reasoning which held §107 constitutional and argues that given the body of discriminatory case law which has been developed, the denial of benefits to the Filipino veterans is unjust and warrants reconsideration.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133412797","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}