肤色断层线:2000年以来亚裔美国人的司法

Eric K. Yamamoto
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引用次数: 1

摘要

这次研讨会旨在把我们在座的学者、律师、社区工作者和法律系学生联系起来。它还旨在将“我们”与我们的亚裔美国人社区联系起来,然后超越,与非裔美国人、印第安人、夏威夷人、拉丁裔/拉丁裔和善意的白人美国人联系起来,然后再超越,与所有与各种形式的社会歧视作斗争的人联系起来。在此过程中,研讨会的具体目的是推动一个联合项目,设想从2000年起亚裔美国人参与正义斗争。让我们把话题转到我在Boalt Hall的第二年春季学期,当时我在戴尔·南(Dale Minami)位于奥克兰的新律师事务所做了两个学分的实习(戴尔刚刚离开亚洲法律核心小组)。每周四晚些时候,戴尔都会坐下来谈论政治律师的重要性,不仅要了解律师实务的机制,还要对法律和法院在一个以白人为主(但人口结构在变化)的资本主义社会中如何运作有一个复杂的理论把握。他时而怀疑,时而充满希望;时而严厉,时而振奋人心;他会对我说:“现在就开始吧!但也要经常阅读和思考。”所以我在亚裔社区和APALSA做了一些小的法律工作。我学习了马克思主义的国家与法律理论和古代法律,我读了法律现实主义、法律程序、亚裔美国人历史、约翰·罗尔斯和《反人民的法律》。(如果哈里斯教授和怀尔德曼教授存在的话,我会选修批判种族理论和社会正义的课程。)当我开始从事复杂的诉讼业务并从事社区法律工作时,我发现对法律和法律程序的批判性理解非常有用。从外部看这个系统有助于我在内部发挥作用。几年后,当戴尔和其他人邀请我加入弗雷德是松律师事务所的法律团队,重新审理臭名昭著的二战日裔美国人拘留案是松案时,这一切变得更加生动
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Color Fault Lines: Asian American Justice from 2000
This symposium aims to connect those of us here scholars, lawyers, community workers and law students. It also aims to link "us" with our Asian American communities, and then beyond, with African Americans, Native Americans and Hawaiians, Latinas/os and white Americans of good will, and then beyond that, with all people struggling against forms of social discrimination. In doing so, the symposium specifically aims to further a joint project of envisioning Asian American participation in justice struggles from the Year 2000 on. Let's turn to history to my spring semester, second year at Boalt Hall, when I took a two-credit externship at Dale Minami's new law office in Oakland (Dale had just left the Asian Law Caucus). Late every Thursday, Dale would sit and talk about political lawyering about the importance of not only knowing the mechanics of in-the-trenches lawyering practice, but also of having a sophisticated theoretical grasp of how law and the courts really operate in a largely white-dominated (but demographically changing), capitalist society. He was skeptical and hopeful, harsh and uplifting and always critically strategic. He would tell me, "start now, do; but also always read and think." So I did small legal things in the Asian American community and with APALSA. I studied Marxist Theory of the State and Law and Ancient Law, and I read Legal Realism, Legal Process, Asian American History, John Rawls and "Law Against the People." (I would have taken critical race theory and social justice courses with Professors Harris and Wildman if they had existed.) When I started a complex litigation practice and did community law work, I found the critical take on law and legal process immensely useful. Seeing the system from the outside helped me function on the inside. Several years later, this all came even more vividly to life when Dale and others asked me to join the Fred Korematsu coram nobis legal team to reopen the infamous WWII Japanese American internment case Korematsu
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