Asian American Law Journal最新文献_第5页

The Mixed-Race Experience: Treatment of Racially Miscategorized Individuals under Title VII 混合种族的经验:根据第七章对待种族错误分类的个人

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38WC6N

Ken Davison

{"title":"The Mixed-Race Experience: Treatment of Racially Miscategorized Individuals under Title VII","authors":"Ken Davison","doi":"10.15779/Z38WC6N","DOIUrl":"https://doi.org/10.15779/Z38WC6N","url":null,"abstract":"One observer writes, \"Race may be America's single most confounding problem, but the confounding problem about race is that few people seem to know what race is.\"' This remark poignantly captures the irony of race--that is, race still remains an enigma even though we live in a society in which race determines so much of our lives. Indeed, notions of race, to a large extent, govern our public and private identities by associating certain characteristics with socially constructed racial classes. Some characteristics that identify and associate a person with a racial group are susceptible to change and are viewed by the law as the result of mutable social forces. Under Title VII, some courts have adopted a mutability requirement under which employers may permissibly discriminate based upon \"socially-driven\" characteristics, even if they are a part of a person's racial, sexual or ethnic identity. Social characteristics such as one's language, manner of speech, style of hair, attire and choice of friends are all factors that are commonly viewed as indicators of a person's racial ancestry, but remain unprotected under a mutability analysis. Foremost amongst indicators of race is phenotype, which is defined as the interaction of an individual's gene structure with his or her surroundings to create physical appearance.2 Phenotype indicators, such as hair texture, facial features, and skin color, are assumed to be based on","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":"115995216","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}

引用次数: 1

The De-Minoritization of Asian Americans: A Historical Examination of the Representations of Asian Americans in Affirmative Action Admissions Policies at the University of California 亚裔美国人的非少数化:对加州大学平权法案招生政策中亚裔美国人代表的历史考察

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z388P3M

S. S. Lee

引用次数: 26

Justice for Filipino Veterans, at Long Last 菲律宾退伍军人终于得到了正义

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38KG4V

Michael M. Honda

引用次数: 1

Critical Legal Studies, Asian Americans in U.S. Law & Culture, Neil Gotanda, and Me 批判性法律研究，美国法律与文化中的亚裔美国人，尼尔·戈达达和我

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38VS1S

K. Aoki

引用次数: 3

Still Keeping the Faith: Asian Pacific Americans, Ballot Initiatives, and the Lessons of Negotiated Rulemaking 仍然保持信仰:亚太裔美国人，投票倡议和协商规则制定的教训

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z384S2Z

Troy M. Yoshino

引用次数: 3

Inspiring Intolerance: The Truth about Robert Spencer - A Review of the Truth about Muhammad: Founder of the World's Most Intolerant Religion 鼓舞人心的不宽容:关于罗伯特·斯宾塞的真相-对穆罕默德的真相的回顾:世界上最不宽容的宗教的创始人

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38X58J

Deepika Bains, Aziza Ahmed

引用次数: 4

Marriage and Morality: Examining the International Marriage Broker Regulation Act 婚姻与道德:对《国际婚姻中介管理法》的审视

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38FS1N

Noga Firstenberg

{"title":"Marriage and Morality: Examining the International Marriage Broker Regulation Act","authors":"Noga Firstenberg","doi":"10.15779/Z38FS1N","DOIUrl":"https://doi.org/10.15779/Z38FS1N","url":null,"abstract":"This Article examines the International Marriage Broker Regulation Act (IMBRA) through the lenses of race, gender, and the institution of marriage. Legal scholarship about IMBRA has been sparse since its enactment in 2006, however the Act merits further investigation. Created to protect noncitizen women intending to marry U.S. citizen men met through international marriage brokers (1MB), the Act aims to give these women access to information about the U.S. citizens and to educate them about their rights and resources in the event of domestic violence. To do so, the Act regulates the IMB industry and the male clients of IMBs.Looking beyond the purported purposes of IMBRA, this Article explores the historical schemas that inform the \"unconscious\" of the Act to better situate it as rooted in a discourse of moral judgments concerning race, gender, and marriage. Since the mid-nineteenth century, laws have been enacted to regulate the entry of immigrants into the United States. Notions about race, gender, and moral values were used as benchmarks to exclude immigrants and deny citizenship. To this day, these notions continue to influence laws regulating immigration and citizenship. Specifically, the ideological roots underlying IMBRA can be linked to earlier precedents, which were based on Western notions about race, gender, and marriage. By identifying and analyzing these precedents, we can better understand IMBRA's regulations, and use that knowledge to develop future immigration policy further.","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":"132560789","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}

引用次数: 2

'Savagery' in the Subways: Anti-Muslim Ads, the First Amendment, and the Efficacy of Counterspeech 地铁中的“野蛮”:反穆斯林广告，第一修正案，以及反言论的效力

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38MG46

Engy Abdelkader

{"title":"'Savagery' in the Subways: Anti-Muslim Ads, the First Amendment, and the Efficacy of Counterspeech","authors":"Engy Abdelkader","doi":"10.15779/Z38MG46","DOIUrl":"https://doi.org/10.15779/Z38MG46","url":null,"abstract":"From San Francisco to Washington, D.C. to Detroit to Chicago to New York, anti-Muslim hate placards have recently appeared on government-owned transit systems in cities around the country. Anti-Muslim hate groups designed, funded and placed the inflammatory advertisements, representing a well-orchestrated campaign to demean and attack the minority Muslim community. The ads have culminated in hate crime charges in the subway pushing death of an immigrant of South Asian descent, diverse manifestations of counter official and private speech and First Amendment litigation in at least three jurisdictions where well-meaning transit officials attempted to prevent the ads’ placement. Interdisciplinary in its orientation, this essay first contemplates anti-Muslim sentiment in the U.S. more than a decade following the tragic events surrounding 9/11. Then, it describes three variant strands of the hate ads after identifying the anti-Muslim activists responsible for them. The essay thereafter engages in a comparative analysis of the First Amendment litigation that followed upon the heels of seemingly well-intentioned government censorship of the odious speech in New York, Detroit and Washington, D.C. These vignettes are woven together with a singular analytic thread: the effectiveness of counterspeech by officials and private entities as the preferred self-help remedy of first instance. Ultimately, the piece illustrates that while counterspeech is admittedly not without flaw, it nevertheless represents an effective non-judicial means for empowering individuals, educating communities and undermining harmful or threatening expression including the anti-Muslim hate speech here.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"17 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":"132661108","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}

引用次数: 2

Discrimination in the Wen Ho Lee Case: Reinterpreting the Intent Requirement in Constitutional and Statutory Race Discrimination Cases 李文和案中的歧视:宪法和法定种族歧视案件中意图要求的再解释

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38SP1Z

Miriam Kim

{"title":"Discrimination in the Wen Ho Lee Case: Reinterpreting the Intent Requirement in Constitutional and Statutory Race Discrimination Cases","authors":"Miriam Kim","doi":"10.15779/Z38SP1Z","DOIUrl":"https://doi.org/10.15779/Z38SP1Z","url":null,"abstract":"In 1999, US. government scientist Wen Ho Lee was terminated from his job at Los Alamos National Laboratory and charged with espionage. The US. government suspected Dr. Lee of stealing top secret nuclear weapons information for the Chinese government. What ensued was one of the most highly publicized cases of racial profiling in Asian American history. The author contends that the investigation of Wen Ho Lee was tainted with stereotypes of perpetual foreignness, and that Lee was selectively targeted and treated differently because of his race. Although a plea bargain between Lee and the government officially ended the legal battle, the author hypothesizes how Lee would have faired had he been able to pursue a claim of racial discrimination either through selective prosecution under the Equal Protection Clause, or an employment discrimination claim under Title VII. The author shows how the current \"intent requirement,\" in both types of claims, fails to adequately address subtle forms of discrimination such as those that may have been at play in the Lee affair. The author proposes that a uniform interpretation of intent based on causation would solve this problem by expanding the scope of inferences the fact finder would be allowed to draw in order to account for such forms of discrimination.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"21 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":"134527656","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}

引用次数: 4

Moral Responsibility to Filipino Amerasians: Potential Immigration and Child Support Alternatives 菲律宾美亚混血儿的道德责任:潜在的移民和子女抚养选择

Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z384P37

E. Kolby

引用次数: 1