{"title":"Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority","authors":"Stewart Chang","doi":"10.15779/Z383K2B","DOIUrl":"https://doi.org/10.15779/Z383K2B","url":null,"abstract":"INTRODUCTION .............................................................................................. 5 I.ASIAN IMMIGRATION AND THE AMERICAN FAMILY: SHIFTING THE RHETORIC FROM EXCLUSION TO ASSIMILATION ................................ 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril ............................................................ 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority ......................................................................... 15 II.WHY GAY IS DEFINITELY NOT THE NEW BLACK: THE EVOLUTION OF THE BAD QUEER INTO THE GOOD GAY ........................................ 21 A. Incrementalism and the Narrowing of Dignity ............................ 22 B. Racial Implications of Incrementalism ........................................ 27 III. FROM WHITEWASHING TO PINKWASHING: MODEL MINORITIES AND THE ENTERPRISE OF AMERICAN EXCEPTIONALISM .................. 33 IV. CONCLUSION .......................................................................................... 37","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"98 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":"121142904","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":"Protecting Sex Trafficking Victims: Establishing the Persecution Element","authors":"Calvin Cheung","doi":"10.15779/Z38PS12","DOIUrl":"https://doi.org/10.15779/Z38PS12","url":null,"abstract":"On January 14, 2004, federal immigration and customs agents raided four brothels in a predominantly Asian neighborhood in San Francisco known as the Sunset District.1 Two days later, the agents arrested Yuen Ling Poon, a licensed haircutter whom authorities believed was one of the 2 leaders in an apparent international smuggling operation. According to unsealed federal court documents, Poon smuggled undocumented women from Thailand, China, Korea, and Malaysia to be sex workers in her brothels.3 Agents also seized $31,500 in cash and 3,000 condoms from 4 Poon's house. Additionally, court papers indicated that the women were part of a trafficking circuit that rotated sex workers between Canada and major United States cities, including Los Angeles, Houston, Chicago, and New York.5 In a four-part special report beginning October 6, 2006, the San Francisco Chronicle reported sex trafficking as an $8 billion international business, with California, New York, Texas, and Las Vegas among its largest commercial centers.6 The special report centered on You Mi Kim, a sex trafficking victim from South Korea who was tricked into believing that leaving her family and working in America as a waitress would lead to","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"7 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":"125673934","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":"Extradition and the Hong Kong Special Administrative Region: Will Hong Kong Remain a Separate and Independent Jurisdiction after 1997","authors":"E. Rapoport","doi":"10.15779/Z386K46","DOIUrl":"https://doi.org/10.15779/Z386K46","url":null,"abstract":"Hong Kong plays a key role in U.S. efforts to fight international criminal activities in Southeast Asia, because of its unique geographical and political position. However, as of July 1, 1997, the People's Republic of China formally regained control of Hong Kong, which raises concerns over the extradition of criminal fugitives to and from Hong Kong. The reason being that, although there is a proposed U.S.-Hong Kong extradition treaty, there is no U.S.-China extradition treaty making continued U.S.-Hong Kong extradition controversial. Moreover, the current extradition framework creates tension between the Judicial and Executive branches of the US. government. The author argues that the level and extent of Mainland China government interference with Hong Kong will shift the burden of approving extradition from the Judicial to Executive branch. He concludes that continued extradition is dependent on Hong Kong ensuring that the basic rights of criminal defendants are respected and that the continued willingness of the U.S. to extradite fugitives to Hong Kong after 1997 will depend on Hong Kong's integrity as a separate and independent jurisdiction.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"100 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":"124033950","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":"From Little Acorns Great Oaks Grow-Neil Gotanda's Contribution to the Law Permitting General & Punitive Damages in Employment Discrimination Cases","authors":"D. Oppenheimer","doi":"10.15779/Z38KW0R","DOIUrl":"https://doi.org/10.15779/Z38KW0R","url":null,"abstract":"Although Neil Gotanda's contributions to critical race scholarship are widely recognized, Gotanda's work as a practitioner has also had great impact. In this article, the author tells how Gotanda drafted a \"controversial set of regulations\" for the California Fair Employment Housing Commission which ultimately paved the way for the 1991 amendment of Title VII of the 1964 Civil Rights Act permitting general compensatory and punitive damages in federal employment discrimination cases.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"51 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":"127554813","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":"Profiling Culture: An Examination of Korean American Gangbangers in Southern California","authors":"Daniel Ahn","doi":"10.15779/Z38QW04","DOIUrl":"https://doi.org/10.15779/Z38QW04","url":null,"abstract":"Los Angeles Mayor James Hahn and Police Chief William Bratton have declared war on Southern California's street gangs.' The gang problem, they argue, is insidious and should be considered a national problem akin to terrorism.2 The parallel between gangs and terrorism is instructive, for profiling is a controversial yet significant issue for both. While profiling and the war on gangs affect all gangs, the ramifications of both have largely focused only on African American and Hispanic gangs. Indeed, among the least studied type of gang is the Asian American gang in general and the Korean American gang in particular.3 According to one scholar, the dearth of scholarly literature on Asian American gangs is due to the fact that \"Asian gangs are not perceived as a serious threat by the non-Asian community or media\" because the majority of Asian American gang-related crimes are \"committed against other Asians\"; therefore, non-Asian American communities are rarely affected.4 Notably, there is even less literature on Korean American gangs.' This is","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"27 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":"132681632","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":"Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building","authors":"T. L. Banks","doi":"10.15779/Z38TP2Q","DOIUrl":"https://doi.org/10.15779/Z38TP2Q","url":null,"abstract":"Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls \"simultaneous racism,\" where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicating a pattern of how the dominant power uses law to enforce insularity among and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraints does not excuse the behavior of White appeasement or group insularity among both Asians and Blacks. Instead, she makes an appeal for engaging in the difficult task of coalition-building on political, economic, social and personal levels among minority groups.","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":"117034572","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 Asian American Closet","authors":"Jean-hae Shin","doi":"10.15779/Z38029H","DOIUrl":"https://doi.org/10.15779/Z38029H","url":null,"abstract":"This article is an examination of the Asian American closet, as an analogy drawn from the gay closet.' The gay closet, of course, is a term used to describe the process by which some gays may hide their sexuality from public view, in order to avoid social disapproval or legal sanctions. At first glance, it may seem that application of the \"closet\" concept to Asian Americans does not quite hold up in a literal sense, since unlike gays, Asian Americans cannot closet their minority identities completely. Nevertheless, this article argues that Asian Americans may employ the closet concept in at least two senses. The first sense-the weaker onecomes into play when Asian Americans \"cover\" or downplay their ethnic behaviors, in order to make them less visible or salient.2 In this sense, the Asian American closet is generally a weak form, since Asian Americans cannot convincingly pretend to be white and can only attempt to suppress ethnic behaviors. However, in a second sense, the unique and contradictory stereotypes that Asian Americans face may allow them to","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"35 39","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134505140","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":"Symbolism under Siege: Japanese American Redress and the Racing of Arab Americans as Terrorists","authors":"N. Saito","doi":"10.15779/Z38B56V","DOIUrl":"https://doi.org/10.15779/Z38B56V","url":null,"abstract":"","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":"134580764","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":"Fighting for an Equal Voice: Past and Present Struggle for Noncitizen Enfranchisement","authors":"Bryant Yuan Yang","doi":"10.15779/Z387P38","DOIUrl":"https://doi.org/10.15779/Z387P38","url":null,"abstract":"Voting rights and democratic participation should be expanded to noncitizens in order to preserve and strengthen our society. Over eleven percent of all U.S. residents are foreign born.' Approximately 4.6 million California residents, one-fifth of the state's adult population, are noncitizens.2 In twelve municipalities in California, noncitizens3 constitute a majority and in eighty-five cities, they make up more than one-quarter of the general population.4 Scholars view the political disparity between a growing disenfranchised people and the general population as volatile and detrimental to societal cohesion.5 In recent years, a growing number of cities have adopted policies to expand voting rights to immigrants, especially for noncitizens who are legal permanent residents (LPRs).6","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"16 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":"133400140","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 Immigrant Workers Union: Challenges Facing Low-Wage Immigrant Workers in Los Angeles","authors":"Y. Park","doi":"10.15779/Z388K4W","DOIUrl":"https://doi.org/10.15779/Z388K4W","url":null,"abstract":"The campaign to establish a labor union at Assi Super, Inc. (\"Assi Super\"), one of Los Angeles Koreatown's largest supermarkets, began in July 2001, when eight Latino workers staged a brief walk-out action to protest cuts to their shifts that followed a pattern of unlawful employment practices. The eight employees walked down the street one block into the office of Korean Immigrant Workers Advocates (KIWA), where the Immigrant Workers Union (IWU) was born. The IWU was conceived as a new type of union-worker-led, community-based, and independent of the AFL-CIO. The IWU hoped to utilize collective bargaining after an election certified by the National Labor Relations Board (NLRB) to improve working conditions at Assi Super, where violations of employment law were commonplace. Assi Super management swiftly reacted with an antiunion campaign employing common union-busting tactics, despite prohibition of such an approach under the National Labor Relations Act","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"181 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":"131701347","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}