{"title":"In re World War II Era Japanese Forced Labor Litigation and Obsticles to International Human Rights Claims in U.S. Courts","authors":"Jack Haberstroh","doi":"10.15779/Z38XK31","DOIUrl":"https://doi.org/10.15779/Z38XK31","url":null,"abstract":"In recent years, numerous Korean and Chinese victims of Japan's World War II forced labor camps have pursued civil claims against Japanese corporations in the United States. A wave of civil claims involving such forced labor arose with the 1999 passage of California Code of Civil Procedure (CaICCP) section 354.6. CaICCP section 354.6 created a cause of action for WWII-era victims of slave or forced labor and extended the statute of limitations for such actions to 2010.2","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"97 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":"121458313","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":"Rethinking Asian American Jurisprudence","authors":"Leti Volpp","doi":"10.15779/Z38WG5C","DOIUrl":"https://doi.org/10.15779/Z38WG5C","url":null,"abstract":"In 1995, the anthropologist Sylvia Yanagisako published an analysis of undergraduate introductory Asian American history classes taught at several universities in the late 1980s.1 She was interested to observe how these classes had served to shape what she noted was a paradoxical goal: the desire for a unified Asian American identity, despite the enormous diversity in and among Asian American communities, and despite the antipathy for the historical lumping of all Asians as one in a world split into East and West.2 What she found was both fascinating and instructive for a consideration of the integration of Asian American studies and law. Her research suggests that we contemplate how Asian American Jurisprudence classes both reflect and construct a particular Asian American identity.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"46 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":"126374121","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 the Road to the White House: Musings on Being Invisible","authors":"R. Chang","doi":"10.15779/Z38B58P","DOIUrl":"https://doi.org/10.15779/Z38B58P","url":null,"abstract":"issue, featuring its first article entitled \"Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space. \" I ASIAN L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law Journal) launched only the second law journal in the United States dedicated to Asian American Jurisprudence. The author of this landmark article is none other than Professor Robert S. Chang, one of the most recognized figures in Asian American Jurisprudence and Critical Race Theory. To celebrate the fifteen years since the publication of the inaugural issue and this landmark article, the Asian American Law Journal held its Fifteenth Anniversary Dinner on October 18, 2008. Professor Robert S. Chang was the keynote speaker. What follows is Professor Chang's keynote address, delivered two weeks before the historic 2008 presidential election.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"33 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":"132836744","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":"Rethinking the Language of Race and Racism","authors":"Michael Omi","doi":"10.15779/Z38JP3C","DOIUrl":"https://doi.org/10.15779/Z38JP3C","url":null,"abstract":"The members of the Asian Law Journal are to be commended for organizing a symposium to interrogate the connections between emergent critical theories of race and the strategies and practices of social justice lawyering. Both legal scholars and activists have bemoaned the widening gap between theory and practice, called for a rethinking of the traditional civil rights paradigm, and wondered how to seize the \"moral high ground\" with respect to contemporary political debates about racial inequality. To contribute to this broader dialogue, I want to offer some brief observations about the conceptual language of race, racism, and anti-racism, and discern its meaning for the task at hand. In January of 2000, Oakland Mayor Jerry Brown was asked by San Francisco Chronicle political columnists Phillip Matier and Andrew Ross about his downtown revitalization plans. The following dialogue ensued: Matier & Ross: Some people say you're just trying to bring 10,000 white people into the downtown with all these high-priced live-work lofts. Brown: How do you know what color they are going to be? Matier & Ross: Come on, who do you think lives in these lofts? Brown: Well, that's kind of a stigmatization of nonwhite people. There are African Americans, Chinese, Filipinos and there are white people and by the way, race is just kind of silly anyway because 99 percent of our DNA is the same. Matier & Ross: Maybe, but race is still a part of politics especially local politics. Brown: It's a fact that is often manipulated and used. Yes, there is a","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"44 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":"133417613","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":"We Have Arrived, We Have Not Arrived","authors":"Eric K. Yamamoto","doi":"10.15779/Z38158K","DOIUrl":"https://doi.org/10.15779/Z38158K","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"5 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":"132568127","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 Brief Overview of President Obama's Asian American Judicial Nominees in 2010","authors":"Jonathan Jew-Lim","doi":"10.15779/Z385C50","DOIUrl":"https://doi.org/10.15779/Z385C50","url":null,"abstract":"","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":"127071483","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":"President Obama and the Polymorphous \"Other\" in Political Discourse","authors":"C. Kim","doi":"10.15779/Z38SZ99","DOIUrl":"https://doi.org/10.15779/Z38SZ99","url":null,"abstract":"At the Asian American Law Journal Symposium at Berkeley Law last spring,' I displayed two pictures from two presidential contests twenty years apart. Only a few in the audience, composed mostly of twentysomething-year-old law students, recognized the first picture as a mug shot of Willie Horton, the black convicted felon featured in the Republican television ad that helped sink Democrat Michael Dukakis' presidential bid in 1988.2 They did, however, recognize the second picture: the July 2008 cover of the New Yorker featuring Barack Obama and Michelle Obama dressed as a Muslim and a militant (Black Panther?) respectively. Barack is giving Michelle what FOX news anchor E.D. Hill called a \"terrorist fist jab\";' Osama bin Laden's portrait hangs over the mantel; and the American flag bums in the fireplace. Both pictures capture historic moments in which race emerged as a potent force in American electoral politics. Both give voice to conservative fears about the kind of threats to which liberals are leaving the nation vulnerable-in the first case, recidivist crime by the incorrigible black felon; in the second case, an inside takeover at the highest level of power by Islamic terrorists posing as the American President and the First Lady. I suggest that juxtaposing these two pictures, these snapshots from presidential contests twenty years apart, tells us something important about shifting notions of race, religion, and the Nation in the new millennium. These changing notions, burnished in the course of partisan political struggle, intimate the seemingly contradictory point that \"the Other\" in U.S. political discourse is a continuously shifting form even as it stays eerily the same.","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":"115668919","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":"In the Margins: How Mainstream Legal Advocacy Strategies Fail to Fully Assist Asian American, Native Hawaiian, and Pacific Islander LGBT Youth","authors":"Roel Mangiliman, M. D. Quon","doi":"10.15779/Z381K2N","DOIUrl":"https://doi.org/10.15779/Z381K2N","url":null,"abstract":"INTRODUCTION: CHARLENE NGUON ............................................................. 6 I.WHO ARE ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER LESBIAN GAY BISEXUAL TRANSGENDER YOUTH? ........... 9 A. Demographics ............................................................................ 10 B. Racism and Homophobia........................................................... 12 II.MAINSTREAM LEGAL STRATEGIES .......................................................... 14 A. LGBT Legal Strategies .............................................................. 14 B. APA Legal Strategies ................................................................ 16 III.HOW MAINSTREAM LEGAL STRATEGIES FAIL TO EMPOWER APA LGBT YOUTH ................................................................................... 18 A. Practical Barriers: Shortcomings of Mainstream Legal Strategies ................................................................................... 19 1. Language Barriers at Legal Entry Points ............................. 19 2. Lack of Acceptance by Dominant Community Groups ....... 20 3. Cultural Aversions to Advocacy .......................................... 22 B. Substantive Barriers: How the Law is Only Tooled to Address Single-Identity Discrimination .................................... 24 IV.RE-IMAGINING LEGAL STRATEGY: ON COMMUNITY LAWYERING ........ 26 A. Community Lawyering .............................................................. 27 B. Community Lawyering for APA LGBT Youth: Directions for Change ................................................................................. 30 V.REVISITING CHARLENE ............................................................................ 30 CONCLUSION ................................................................................................ 32","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":"115787466","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":"New Directions in Asian American Jurisprudence","authors":"N. Gotanda","doi":"10.15779/Z382G53","DOIUrl":"https://doi.org/10.15779/Z382G53","url":null,"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.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"19 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":"117147054","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":"Redefining and Reclaiming Korean Adoptee Identity: Grassroots Internet Communities and the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption","authors":"Christina Yang","doi":"10.15779/Z38VC69","DOIUrl":"https://doi.org/10.15779/Z38VC69","url":null,"abstract":"My parents told me that summer of my arrival I would sing and talk in Korean. Of course they never knew what I was saying. They also told me that in those first weeks I would run up to the front door, throw my body up against it and cry and cry and say in Korean, “Jip e ka le!” My sister, born to my parents and age 9 at the time, thought it might be some strange Korean game. So she would run up to the door, throw her body against it and say, “Jip e ka le!” I can imagine my sister doing this over and over—and turning my tears into laughter. Years later my parents learned what my Korean words meant: I want to go home.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"9 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":"117167896","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}