Asian American Law Journal最新文献

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Farewell to Jackson-Vanik: The Case for Unconditional MFN Status for the People's Republic of China 告别杰克逊-瓦尼克:为中华人民共和国无条件最惠国地位辩护
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38TS1F
L. J. Kuo
{"title":"Farewell to Jackson-Vanik: The Case for Unconditional MFN Status for the People's Republic of China","authors":"L. J. Kuo","doi":"10.15779/Z38TS1F","DOIUrl":"https://doi.org/10.15779/Z38TS1F","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"420 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":"131709480","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
Outsider Jurisprudence, Critical Pedogogy and Social Justice Activism: Marking the Stirrings of Critical Legal Education 局外人法理学、批判教育学与社会正义行动主义:标志着批判法学教育的萌芽
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38MS2S
Francisco Valdes
{"title":"Outsider Jurisprudence, Critical Pedogogy and Social Justice Activism: Marking the Stirrings of Critical Legal Education","authors":"Francisco Valdes","doi":"10.15779/Z38MS2S","DOIUrl":"https://doi.org/10.15779/Z38MS2S","url":null,"abstract":"It surely is no coincidence that the syllabi of courses on Asian Americans and the Law featured in this Tenth Anniversary Issue of the Asian Law Journal share structural, substantive and methodological commonalities. They each marshal interdisciplinary materials to bring into sharp relief the uses of Law in the origin and construction of everyday realities shaping Asian American lives. They each study the milestones buried and ignored in mainstream education that nonetheless define, in historical and formal terms, these realities shameful milestones like the web of acts constituting the Chinese Exclusion, for example. They each employ formal legal education to teach antisubordination knowledge and foster the ability of students to decolonize themselves and others. In the tradition of remembrance and resistance, the courses described in these syllabi effectively constitute a form of praxis that reflect the four primary functions of critical outsider jurisprudence' at least as viewed from a","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"146 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":"116564527","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: 11
Native Hawaiians and the New Frontier of the Indians Civil Rights Act 夏威夷原住民和新边疆的印第安人民权法案
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38BR8MG83
Lorinda Riley
{"title":"Native Hawaiians and the New Frontier of the Indians Civil Rights Act","authors":"Lorinda Riley","doi":"10.15779/Z38BR8MG83","DOIUrl":"https://doi.org/10.15779/Z38BR8MG83","url":null,"abstract":"INTRODUCTION .................................................................................. 168 I.THE IMPACT OF THE INDIAN CIVIL RIGHTS ACT ............................ 171 A. Born of Two-Policy Eras ................................................ 171 B. ICRA: The Good, the Bad, and the Ugly ........................ 175 II.NATIVE HAWAIIAN SOVEREIGNTY IN THE MODERN ERA ............. 180 A. From the Kingdom of Hawaiʻi to Annexation ................ 180 B. Federal Recognition: The Search for and the Obstacles to Overcome ........................................................................ 183 III.ICRA AND NATIVE HAWAIIANS .................................................. 188 A. Rulemaking to Reestablish a Government-to-Government Relationship: Does the ICRA Belong? ........................... 188 B. Constitution of the Native Hawaiian Nation: Traditional Values and the ICRA ...................................................... 196 CONCLUSION ..................................................................................... 201","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":"131637401","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: 0
Arroz Fritto with Salsa: Asian Latinos and the Future of the United States Arroz frito with Salsa:亚裔拉丁裔和美国的未来
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38HP2M
C. Hiraldo
{"title":"Arroz Fritto with Salsa: Asian Latinos and the Future of the United States","authors":"C. Hiraldo","doi":"10.15779/Z38HP2M","DOIUrl":"https://doi.org/10.15779/Z38HP2M","url":null,"abstract":"Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between these groups. An understanding of the history of global migrations would lead us to realize that Asians and Latinos not only have much to share with each other, but have been doing so for hundreds of years in Latin America. Indeed, a portion of the Latino population in the United States is of Asian ancestry. According to the United States Census, 277,704 Latinos identify themselves as Asian as of 2006.' If one includes Latinos who claim partial Asian ancestry, the number of Asian Latinos in the United States grows to 460,844.2 No doubt this constitutes a small proportion of the overall United States population, but it represents people whose cultural and racial identity blends perceived Asian and Latin American elements. These Asian Latinos","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":"133996605","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: 0
Advancing Diverse Learning for Asian Pacific Islanders 促进亚太岛民的多元化学习
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38W282
Khin Mai Aung, Christina Wong
{"title":"Advancing Diverse Learning for Asian Pacific Islanders","authors":"Khin Mai Aung, Christina Wong","doi":"10.15779/Z38W282","DOIUrl":"https://doi.org/10.15779/Z38W282","url":null,"abstract":"After a sharply divided United States Supreme Court decided two voluntary school integration cases originating from Seattle, Washington and Louisville, Kentucky on June 28, 2007,' the Asian American Legal Defense and Education Fund (\"AALDEF\") 2 and Chinese for Affirmative Action (\"CAA\") 3-the nonprofit civil rights advocacy groups where the co-authors work-received numerous inquiries about the impact of these cases on Asian Pacific Islanders (\"APIs\"). While some expressed concern about the dismantling of longstanding integration programs, others were pleased at the prospect that so-called racial preferences thought to discriminate against APIs would be no more. Still others asked whether APIs-who were left out of some integration programs altogether-would be impacted at all. The controversy over the impact of these cases, Parents Involved in Community Schools v. Seattle School District No. 1 (\"Parents Involved\")","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"147 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134033987","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: 0
Legislative Initiative for Work-Family Reconciliation in South Korea: A Comparative Analysis of the South Korean, American, French, and German Family Leave Policies 韩国工作家庭和解的立法倡议:韩国、美国、法国和德国家庭休假政策的比较分析
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38DP2K
Myunghwa Lee
{"title":"Legislative Initiative for Work-Family Reconciliation in South Korea: A Comparative Analysis of the South Korean, American, French, and German Family Leave Policies","authors":"Myunghwa Lee","doi":"10.15779/Z38DP2K","DOIUrl":"https://doi.org/10.15779/Z38DP2K","url":null,"abstract":"This thesis compares the family leave policies (mat ernity, paternity and parental leave) of South Korea, U.S., France, and G ermany by exploring the cultural context and purposes in adopting famil y leave laws. Unlike Western nations, family leave legislation has been ineffective in South Korea since family leave laws were adopted as a mea ns to achieve the ranks of a developed nation, with little considerat ion as to internal cultural values. Traditional influences of Confucia nism, which support gender inequality have hindered implementation of f amily leave laws, which are based on democratic principles. One metho d o embrace family leave in Korea is through recognition of a collecti ve goal of increasing women’s workforce participation through family leav , since collectivism has historically been accepted and valued by the Ko rean people. By shifting responsibility for children from parents t o government, children can be regarded as public goods, and the establishm ent of public childcare centers can support the implementation of family leave policies to assist working families in South Korea.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"59 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":"134411148","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: 6
Bridging the Gap: The Role of Asian American Public Interest Organizations in the Pursuit of Legal and Social Remedies to Anti-Asian Hate Crimes 弥合差距:亚裔美国人公益组织在寻求针对亚裔仇恨犯罪的法律和社会补救措施中的作用
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38G29B
Michael Chang
{"title":"Bridging the Gap: The Role of Asian American Public Interest Organizations in the Pursuit of Legal and Social Remedies to Anti-Asian Hate Crimes","authors":"Michael Chang","doi":"10.15779/Z38G29B","DOIUrl":"https://doi.org/10.15779/Z38G29B","url":null,"abstract":"The April 1997 shooting death of Kuanchung Kao by Rohnert Park police in Sonoma County, California galvanized the Asian American community in the Bay Area. Rohnert Park police argued that Kao's shooting was justified on the grounds that he posed a \"martial arts\" threat to the officer.' Michael Lynch, one of the two officers at the scene, described Kao as a \"ninja fighter.\"2 In response to the killing, the Asian Law Caucus became involved in the Kao case to pursue legal and social remedies to hate crimes and hate violence. The Asian Law Caucus played a pivotal role in organizing community involvement to seek a legal remedy to Kao's death through the formation of the Justice for the Kao Family Coalition. A strong community-based response was critical to the Asian Law Caucus in order to \"bolster\" the potential for a legal remedy in the Kao case. This Essay argues that Asian American public interest organizations are simultaneously marginal and central to mainstream American legal frameworks. They occupy an \"interstice\" between formalized legal frameworks and the methods and functions of community-based public advocacy. The term \"interstice\" describes the proactive political practices and the role of Asian American public interest organizations as intermediaries between their locally based ethnic community interests and official government legal frameworks and institutions. It represents a \"political space\" where public advocacy in what is normally considered the \"margins\" of law, is brought to bear on the \"center\" or mainstream of law.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"158 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132948374","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: 3
Introduction to Eddy Zheng Eddy Zheng简介
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38H006
T. Kua
{"title":"Introduction to Eddy Zheng","authors":"T. Kua","doi":"10.15779/Z38H006","DOIUrl":"https://doi.org/10.15779/Z38H006","url":null,"abstract":"In 1986, when Eddy Zheng was sixteen years old, he and two of his friends broke into the home of a Chinese immigrant family in San Francisco, hoping to find a safe filled with money and other valuable items.' When there was no safe to be found, their ill-advised armed home invasion quickly developed into a six-hour debacle involving hostage2 taking, kidnapping, and extortion. The criminal escapade finally ended when the police pulled over Zheng and one of his cohorts for driving without their headlights on. Zheng, who was tried as an adult, eventually pleaded guilty to robbery, kidnapping, and possession of a firearm.' He was sentenced to seven years to life with the possibility of parole for his involvement. Zheng was released in 2007 after serving nineteen years of his life sentence in state prison and nearly two years in the custody of the Immigration and Customs Enforcement He now works as a project coordinator for the Community Response Network for Asian Pacific Islanders (CRN-API) 4 at the Community Youth Center of San Francisco. In his day-to-day work, Zheng strives to prevent youth from making the same mistakes he did as a teenager. He believes this goal requires a coordinated effort among community based organizations, parents, schools, and local law enforcement to combat the underlying struggles that immigrant youth often face-living simultaneously in two cultures, navigating the public school system, and struggling to find a sense of belonging and camaraderie. Zheng's story can best be described as one of redemption and transformation. It is often said that prison changes a person, and Zheng is a testament to that fact-but not in the way one might think. Although prison is, more often than not, a place where despair overwhelms hope, Zheng has","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"7 4 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":"114409898","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: 0
Model Minority, Yellow Peril: Functions of Foreignness in the Construction of Asian American Legal Identity 模范少数民族、黄祸:异族在亚裔美国人法律认同建构中的功能
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38FZ9V
N. Saito
{"title":"Model Minority, Yellow Peril: Functions of Foreignness in the Construction of Asian American Legal Identity","authors":"N. Saito","doi":"10.15779/Z38FZ9V","DOIUrl":"https://doi.org/10.15779/Z38FZ9V","url":null,"abstract":"Those of Asian descent are often portrayed as the \"model minority.\" However, the very same elements which comprise the model minority can also be read as components of the \"yellow peril. \" The author argues that Neil Gotanda's concept of 'foreignness\" rectifies the contradictory images simultaneously attributed to Asian Americans. By characterizing those of Asian descent as 'foreigners, \" dominant society is able to slipfreelyfrom the model minority to the yellow peril label. She posits that this freedom has historically enabled those of Asian descent to be used as cheap labor and as a mask to hide real issues of discrimination against Asian Americans and other minorities. Presently 'foreignness\" serve to reinforce racial hierarchy in the US. She concludes that recognizing that foreignness creates this duality for Asian Americans may allow society to more effectively combat the presumption that Asian Americans are foreign and thus entitled to lesser standards ofprotection","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"142 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":"114528417","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: 41
Confronting Misinformation through Social Science Research: SFFA v. Harvard 通过社会科学研究对抗错误信息:SFFA诉哈佛
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38CR5NC9Q
Oiyan A. Poon, Liliana M. Garces, Janelle S. Wong, Megan S. Segoshi, D. Silver, S. Harrington
{"title":"Confronting Misinformation through Social Science Research: SFFA v. Harvard","authors":"Oiyan A. Poon, Liliana M. Garces, Janelle S. Wong, Megan S. Segoshi, D. Silver, S. Harrington","doi":"10.15779/Z38CR5NC9Q","DOIUrl":"https://doi.org/10.15779/Z38CR5NC9Q","url":null,"abstract":"In the ongoing case of Students for Fair Admissions v. Harvard, Edward Blum is attempting once again to use Students for Fair Admissions (SFFA), his anti-affirmative action organization, to further limit the use of race as one factor in holistic admissions processes. But this time, Blum purports to be acting on behalf of a group of anonymous Asian Americans. This strategy, designed to dismantle all affirmative action policies in selective college admissions, is an attempt to drive divisions between Asian Americans and other people of color to increase white access and entitlement to highly selective universities. SFFA falsely claims that Asian Americans are discriminated against in Harvard’s admissions process, basing its claims on misleading information and launching a deceptive media campaign against affirmative action. In the summer of 2018, 531 social scientists with expertise on Asian Americans, race and equity, or college admissions, filed an amicus curiae brief with the US District Court for the District of Massachusetts in support of Harvard University’s holistic admissions process. The brief details the myriad ways in which the plaintiff’s claims are false and misleading and provides evidence that Asian Americans in fact benefit from holistic review. In this article, the authors of the brief provide background information on the case itself, the legal and social context of the case, as well as the importance of social scientists’ participation in producing research relevant to the topic at hand. Following the preface, the brief is printed in full as originally filed, and edited only to comport with the format of this journal. Trial proceedings in the case concluded in early 2019. As of the publishing date of this article, the case remains pending before the district court.","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":"114640338","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: 0
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