This book describes the historical and legal experiences of Americans of Asian ancestry who began to come to the United States in the mid-19th century. Like all immigrants in America, they arrived with hopes of making a better life and home in a free country. Instead, Asian-Americans have been mistreated and discriminated against by their fellow Americans--even by Congress and the Supreme Court, which should have made and judged laws without prejudice. This study examines the way immigration and naturalization laws were unfairly administered against Asian immigrants and throws light on a less than admirable period of American legal history. It will be of great interest to scholars in Asian American studies, legal history, and American history.
Despite the growing number of Asian American and Latino/a law students, many panethnic students still feel as if they do not belong in this elite microcosm, which reflects the racial inequalities in mainstream American society. While in law school, these students--often from immigrant families, and often the first to go to college--have to fight against racialized and gendered stereotypes. In Incidental Racialization, Diana Pan rigorously explores how systemic inequalities are produced and sustained in law schools. Through interviews with more than 100 law students and participant observations at two law schools, Pan examines how racialization happens alongside professional socialization. She investigates how panethnic students negotiate their identities, race, and gender in an institutional context. She also considers how their lived experiences factor into their student organization association choices and career paths. Incidental Racialization sheds light on how race operates in a law school setting for both students of color and in the minds of white students. It also provides broader insights regarding racial inequalities in society in general.
In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life. Scott and Laurie Oki Series in Asian American Studies A Capell Family Book
In 1982, a congressional commission concluded that the incarceration of 120,000 Americans of Japanese ancestry during World War II resulted from racism, war hysteria, and failed political leadership. Against long odds, the commission's recommendation that the U.S. government offer financial redress became law on August 10, 1988, when President Reagan signed the Civil Liberties Act. This book is a case study of the political, institutional, and external factors that led to the passage of this controversial legislation. Based on extensive interviews with Senators, members of Congress, key members of their staffs, and lobbyists, as well as statistical analyses of roll call votes, this book provides a uniquely rich account of the passage of a federal law. It also places the campaign for redress in the broader theoretical context of the workings of Congress and the policy-making process.--Publisher description.
In the Jim Crow South, Chinese, Filipino, Japanese, and, later, Vietnamese and Indian Americans faced obstacles similar to those experienced by African Americans in their fight for civil and human rights. Although they were not black, Asian Americans generally were not considered white and thus were subject to school segregation, antimiscegenation laws, and discriminatory business practices. As Asian Americans attempted to establish themselves in the South, they found that institutionalized racism thwarted their efforts time and again. However, this book tells the story of their resistance and documents how Asian American political actors and civil rights activists challenged existing definitions of rights and justice in the South. From the formation of Chinese and Japanese communities in the early twentieth century through Indian hotel owners' battles against business discrimination in the 1980s and '90s, Stephanie Hinnershitz shows how Asian Americans organized carefully constructed legal battles that often traveled to the state and federal supreme courts. Drawing from legislative and legal records as well as oral histories, memoirs, and newspapers, Hinnershitz describes a movement that ran alongside and at times intersected with the African American fight for justice, and she restores Asian Americans to the fraught legacy of civil rights in the South.
In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants. Ancheta examines legal and social theories of racial discrimination, ethnic differences in the Asian American population, nativism, citizenship, language, school desegregation, and affirmative action. In the revised edition of this influential book, Ancheta also covers post-9/11 anti-Asian sentiment and racial profiling. He analyzes recent legal cases involving political empowerment, language rights, human trafficking, immigrant rights, and affirmative action in higher education-many of which move the country farther away from the ideals of racial justice. On a more positive note, he reports on the progress Asian Americans have made in the corporate sector, politics, the military, entertainment, and academia. A skillful mixture of legal theories, court cases, historical events, and personal insights, this revised edition brings fresh insights to U.S. civil rights from an Asian American perspective.
Some half million Chinese immigrants settled in the American West in the nineteenth century. In spite of their vital contributions to the economy in gold mining, railroad construction, the founding of small businesses, and land reclamation, the Chinese were targets of systematic political discrimination and widespread violence. This legal history of the Chinese experience in the American West, based on the author's lifetime of research in legal sources all over the West-from California to Montana to New Mexico-serves as a basic account of the legal treatment of Chinese immigrants in the West.The first two essays deal with anti-Chinese racial violence and judicial discrimination. The remainder of the book examines legal precedents and judicial doctrines derived from Chinese cases in specific western states. The Chinese, Wunder shows, used the American legal system to protect their rights and test a variety of legal doctrines, making vital contributions to the legal history of the American West.
In the tradition of W. E. B. Du Bois, Cornel West, and other public intellectuals who confronted the "color line" of the twentieth century, journalist, law professor, and activist Frank H. Wu offers a unique perspective on how changing ideas of racial identity will affect race relations in the new century.Often provocative and always thoughtful, this book addresses some of the most controversial contemporary issues: discrimination, immigration, diversity, globalization, and the mixed-race movement, introducing the example of Asian Americans to shed new light on the current debates. Combining personal anecdotes, social-science research, legal cases, history, and original journalistic reporting, Wu discusses damaging Asian American stereotypes such as "the model minority" and "the perpetual foreigner." By offering new ways of thinking about race in American society, Wu's work challenges us to make good on our great democratic experiment.
The Emergency Detention Act, Title II of the Internal Security Act of 1950, is the only law in American history to legalize preventive detention. It restricted the freedom of a certain individual or a group of individuals based on actions that may be taken that would threaten the security of a nation or of a particular area. Yet the Act was never enforced before it was repealed in 1971. Masumi Izumi links the Emergency Detention Act with Japanese American wartime incarceration in her cogent study, The Rise and Fall of America's Concentration Camp Law. She dissects the entangled discourses of race, national security, and civil liberties between 1941 and 1971 by examining how this historical precedent generated "the concentration camp law" and expanded a ubiquitous regime of surveillance in McCarthyist America. Izumi also shows how political radicalism grew as a result of these laws. Japanese Americas were instrumental in forming grassroots social movements that worked to repeal Title II. The Rise and Fall of America's Concentration Camp Law is a timely study in this age of insecurity where issues of immigration, race, and exclusion persist.