In The Shadow Of Korematsu
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Author | : Eric K. Yamamoto |
Publisher | : Oxford University Press |
Total Pages | : 265 |
Release | : 2018-03-12 |
Genre | : Law |
ISBN | : 0190878975 |
The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America - an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration - a decision later found to be driven by the government's presentation of "intentional falsehoods" and "willful historical inaccuracies" to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers - realpolitik advocacy - at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
Author | : Eric K. Yamamoto |
Publisher | : Oxford University Press |
Total Pages | : 265 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190878959 |
This book discusses the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. It charts policymakers' and judges' "chameleonic deployment" of the muddled high court ruling alternatively to legitimate or to reject present-day security actions that undercut fundamental rights to freedom, association, religious choice, due process, and equality - rights of immigrants and citizens, protestors and justice organizations, worshippers, and journalists.
Author | : Eric K. Yamamoto |
Publisher | : Aspen Publishing |
Total Pages | : 542 |
Release | : 2020-10-01 |
Genre | : Law |
ISBN | : 1543823440 |
Race, Rights and National Security: Law and the Japanese American Incarceration is both a comprehensive resource and course book that uses the lens of the WWII imprisonment of Japanese Americans to explore the danger posed when the country sacrifices the rule of law in the name of national security. Following an historical overview of the Asian American legal experience as unwanted minorities, the book examines the infamous Supreme Court cases that upheld the orders leading to the mass incarceration and their later reopening in coram nobis proceedings that proved the government lied to the Court. With that foundation, the book explores the continued frightening relevance of those cases, including how racial and religious minorities continue to be harmed in the name of national security and the threat to democracy when courts fail to act as a check on their co-equal branches of government. New to the Third Edition: An entirely new section, which views the recent targeting of religious minorities through the lens of the Japanese American incarceration, including the Muslim travel ban case of Trump v. Hawaii, which purported to overrule Korematsu v. United States. A continuous inquiry throughout the book regarding the role of courts in reviewing government actions taken in the name of national security, the tensions inherent in identifying that role, the potential cost of excessive court deference, and a proposed method for judicial review of national security-based government actions. Updated text, including revisions that tailor the book’s content to its revised focus on national security, enhanced discussions of early anti-Asian exclusionary laws and Ex Parte Endo; recent events raising parallels to the Japanese American incarceration, such as the incarceration of immigrants and family separation at the southern border and the continued negative stereotyping of Asian Americans. Augmented discussion of ethical rules in relation to misconduct by government lawyers during World War II. Professors and students will benefit from: A succinct overview of Asian American legal history An overarching narrative that takes the reader from early anti-Asian discriminatory laws to the wartime Japanese American incarceration to today, interweaving carefully contextualized case law with questions, original government and litigation documents, oral histories, commentary, and photographs to stimulate class discussion. A focus on both the legal and non-legal issues surrounding the Japanese American incarceration, so that readers consider how the legal system, the law, and players within the legal system act within a broader milieu of politics, economics, and culture. The ability to understand law and the legal system in a way that is both interdisciplinary and that crosses different areas of law. The book treats subjects such as race relations and critical race theory; constitutional, criminal, and national security law; criminal and civil procedure; professional ethics; evidence; legal history; and lawyering practice. A professor in the area of constitutional law, for example, might excerpt relevant portions of the book to supplement the standard, typically decontextualized case law treatment of the Korematsu and Hirabayashi cases. At the same time, this book explores these and other cases in their historical and political context and addresses the law’s real human impact. Finally, the story of the Japanese American incarceration provides a powerful starting place for students to discuss a range of present-day issues regarding stereotypes and profiling, government restraint on liberties, national protectionism, and civic responsibility. If teaching at its best is about engaging students’ hearts and minds, and provoking stimulating debate, these materials are designed to facilitate just that.
Author | : Eric K. Yamamoto |
Publisher | : Aspen Publishing |
Total Pages | : 542 |
Release | : 2020-10-01 |
Genre | : Law |
ISBN | : 1543803636 |
Race, Rights and National Security: Law and the Japanese American Incarceration is both a comprehensive resource and course book that uses the lens of the WWII imprisonment of Japanese Americans to explore the danger posed when the country sacrifices the rule of law in the name of national security. Following an historical overview of the Asian American legal experience as unwanted minorities, the book examines the infamous Supreme Court cases that upheld the orders leading to the mass incarceration and their later reopening in coram nobis proceedings that proved the government lied to the Court. With that foundation, the book explores the continued frightening relevance of those cases, including how racial and religious minorities continue to be harmed in the name of national security and the threat to democracy when courts fail to act as a check on their co-equal branches of government. New to the Third Edition: An entirely new section, which views the recent targeting of religious minorities through the lens of the Japanese American incarceration, including the Muslim travel ban case of Trump v. Hawaii, which purported to overrule Korematsu v. United States. A continuous inquiry throughout the book regarding the role of courts in reviewing government actions taken in the name of national security, the tensions inherent in identifying that role, the potential cost of excessive court deference, and a proposed method for judicial review of national security-based government actions. Updated text, including revisions that tailor the book’s content to its revised focus on national security, enhanced discussions of early anti-Asian exclusionary laws and Ex Parte Endo; recent events raising parallels to the Japanese American incarceration, such as the incarceration of immigrants and family separation at the southern border and the continued negative stereotyping of Asian Americans. Augmented discussion of ethical rules in relation to misconduct by government lawyers during World War II. Professors and students will benefit from: A succinct overview of Asian American legal history An overarching narrative that takes the reader from early anti-Asian discriminatory laws to the wartime Japanese American incarceration to today, interweaving carefully contextualized case law with questions, original government and litigation documents, oral histories, commentary, and photographs to stimulate class discussion. A focus on both the legal and non-legal issues surrounding the Japanese American incarceration, so that readers consider how the legal system, the law, and players within the legal system act within a broader milieu of politics, economics, and culture. The ability to understand law and the legal system in a way that is both interdisciplinary and that crosses different areas of law. The book treats subjects such as race relations and critical race theory; constitutional, criminal, and national security law; criminal and civil procedure; professional ethics; evidence; legal history; and lawyering practice. A professor in the area of constitutional law, for example, might excerpt relevant portions of the book to supplement the standard, typically decontextualized case law treatment of the Korematsu and Hirabayashi cases. At the same time, this book explores these and other cases in their historical and political context and addresses the law’s real human impact. Finally, the story of the Japanese American incarceration provides a powerful starting place for students to discuss a range of present-day issues regarding stereotypes and profiling, government restraint on liberties, national protectionism, and civic responsibility. If teaching at its best is about engaging students’ hearts and minds, and provoking stimulating debate, these materials are designed to facilitate just that.
Author | : Lorraine K. Bannai |
Publisher | : University of Washington Press |
Total Pages | : 319 |
Release | : 2015-11-02 |
Genre | : Social Science |
ISBN | : 029580629X |
Fred Korematsu’s decision to resist F.D.R.’s Executive Order 9066, which provided authority for the internment of Japanese Americans during World War II, was initially the case of a young man following his heart: he wanted to remain in California with his white fiancée. However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights. After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah. He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu’s case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress. Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.
Author | : Roger Daniels |
Publisher | : Plunkett Lake Press |
Total Pages | : 117 |
Release | : 2019-08-09 |
Genre | : History |
ISBN | : |
Well established on college reading lists, Prisoners Without Trial presents a concise introduction to a shameful chapter in American history: the incarceration of nearly 120,000 Japanese Americans during World War II. With a new preface, a new epilogue, and expanded recommended readings, Roger Daniels’s updated edition examines a tragic event in our nation’s past and thoughtfully asks if it could happen again. “[A] concise, deft introduction to a shameful chapter in American history: the incarceration of nearly 120,000 Japanese-Americans during World War II.” —Publishers Weekly “More proof that good things can come in small packages... [Daniels] tackle[s] historical issues whose consequences reverberate today. Not only [does he] offer cogent overviews of [the] issues, but [he] is willing to climb out on a critical limb... for instance, writing about the incarceration of Japanese-Americans during WW II... ‘this book has tried to explain how and why the outrage happened. That is the role of the historian and his book, which is to analyze the past. But this historian feels that analyzing the past is not always enough’ — and so he takes on the question of ‘could it happen again?’ and concludes that there’s ‘an American propensity to react against “foreigners” in the United States during times of external crisis, especially when those “foreigners” have dark skins,’ and that Japanese-Americans, at least, ‘would argue that what has happened before can surely happen again.’” — Kirkus Reviews “An outstanding resource that provides a clear and concise history of the mass incarceration of Japanese Americans during World War II.” — Alice Yang Murray, University of California, Santa Cruz “Especially in light of the events following September 11, 2001, Roger Daniels has done us a great favor. In a slender book, he tells, with the assurance of a master narrator, an immense story we — all of us — ignore at the peril of our freedoms.” —Gary Y. Okihiro, Columbia University “No book could be more timely. How, as a different immigrant minority is under racial pressure associated with a feared enemy, the updated Prisoners Without Trial helps us see clearly what lessons we may draw from the past.” — Paul Spickard, author ofJapanese Americans “In the epilogue to the first edition of Prisoners without Trial, Roger Daniels thoughtfully asked, ‘Could it happen again?’ Today, in post-9/11 America, that question has an answer: It can and it has. Daniels addresses these issues in a revised edition of this classic, and he finds the U.S. government perilously close to repeating with the Arab American population mistakes it made with the Japanese Americans.” —Johanna Miller Lewis, University of Arkansas at Little Rock
Author | : Victor Bascara |
Publisher | : Cambridge University Press |
Total Pages | : 399 |
Release | : 2021-06-17 |
Genre | : Literary Criticism |
ISBN | : 1108875750 |
This volume is devoted to Asian American Literature between 1930 to 1965, a period of immense social, historical, and cultural transformations that continue to shape the conditions of our world. From the Great Depression to the Second World War to the Civil Rights Movement to landmark immigrations reforms, Asian American literature provides unique and insightful perspectives on these historical developments, all while creatively engaging with globally-dispersed decolonization movements. Each chapter, written a by leading figures in their fields, demonstrates how Asian American writing affectingly reveals our complex world and its contested pasts. Case studies of major authors of this era show this as a time when the figure of the Asian American author became newly significant. This volume provides historical grounding, theoretical interventions, and nuanced textual analysis of Asian American literature in this period.
Author | : Jamie Ford |
Publisher | : Ballantine Books |
Total Pages | : 370 |
Release | : 2009-01-27 |
Genre | : Fiction |
ISBN | : 0345512502 |
"Sentimental, heartfelt….the exploration of Henry’s changing relationship with his family and with Keiko will keep most readers turning pages...A timely debut that not only reminds readers of a shameful episode in American history, but cautions us to examine the present and take heed we don’t repeat those injustices."-- Kirkus Reviews “A tender and satisfying novel set in a time and a place lost forever, Hotel on the Corner of Bitter and Sweet gives us a glimpse of the damage that is caused by war--not the sweeping damage of the battlefield, but the cold, cruel damage to the hearts and humanity of individual people. Especially relevant in today's world, this is a beautifully written book that will make you think. And, more importantly, it will make you feel." -- Garth Stein, New York Times bestselling author of The Art of Racing in the Rain “Jamie Ford's first novel explores the age-old conflicts between father and son, the beauty and sadness of what happened to Japanese Americans in the Seattle area during World War II, and the depths and longing of deep-heart love. An impressive, bitter, and sweet debut.” -- Lisa See, bestselling author of Snow Flower and the Secret Fan In the opening pages of Jamie Ford’s stunning debut novel, Hotel on the Corner of Bitter and Sweet, Henry Lee comes upon a crowd gathered outside the Panama Hotel, once the gateway to Seattle’s Japantown. It has been boarded up for decades, but now the new owner has made an incredible discovery: the belongings of Japanese families, left when they were rounded up and sent to internment camps during World War II. As Henry looks on, the owner opens a Japanese parasol. This simple act takes old Henry Lee back to the 1940s, at the height of the war, when young Henry’s world is a jumble of confusion and excitement, and to his father, who is obsessed with the war in China and having Henry grow up American. While “scholarshipping” at the exclusive Rainier Elementary, where the white kids ignore him, Henry meets Keiko Okabe, a young Japanese American student. Amid the chaos of blackouts, curfews, and FBI raids, Henry and Keiko forge a bond of friendship–and innocent love–that transcends the long-standing prejudices of their Old World ancestors. And after Keiko and her family are swept up in the evacuations to the internment camps, she and Henry are left only with the hope that the war will end, and that their promise to each other will be kept. Forty years later, Henry Lee is certain that the parasol belonged to Keiko. In the hotel’s dark dusty basement he begins looking for signs of the Okabe family’s belongings and for a long-lost object whose value he cannot begin to measure. Now a widower, Henry is still trying to find his voice–words that might explain the actions of his nationalistic father; words that might bridge the gap between him and his modern, Chinese American son; words that might help him confront the choices he made many years ago. Set during one of the most conflicted and volatile times in American history, Hotel on the Corner of Bitter and Sweet is an extraordinary story of commitment and enduring hope. In Henry and Keiko, Jamie Ford has created an unforgettable duo whose story teaches us of the power of forgiveness and the human heart. BONUS: This edition contains a Hotel on the Corner of Bitter and Sweet discussion guide and an excerpt from Jamie Ford's Love and Other Consolation Prizes.
Author | : Geoffrey R. Stone |
Publisher | : W. W. Norton & Company |
Total Pages | : 758 |
Release | : 2004 |
Genre | : History |
ISBN | : 9780393058802 |
Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.
Author | : David Kretzmer |
Publisher | : Oxford University Press, USA |
Total Pages | : 561 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0190696028 |
"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--