In the Shadow of Korematsu: Democratic Liberties and National Security

ISBN : 9780190878955

Eric K. Yamamoto
264 Pages
156 x 235 mm
Pub date
Apr 2018


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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.


Preface Part One: The Challenge Prologue Chapter I: Overview: Judging National Security and Civil Liberties Controversies Part Two: The Contested Cases Chapter II: The 1944 Korematsu Supreme Court Decision Chapter III: The 1980s Coram Nobis Cases Chapter IV: Korematsu's Chameleonic Deployment Part Three: The Next Steps Chapter V: Jurisprudential Foundations Chapter VI: A Workable Method Chapter VII: Realpolitik Influences Part Four: Looking Back, Moving Ahead Chapter VIII: In the Shadow of Korematsu Chapter IX: In the Light of Justice - Concluding Thoughts Table of Authorities Index

About the author: 

Eric K. Yamamoto is the Fred T. Korematsu Professor of Law and Social Justice at the William S. Richardson School of Law, University of Hawai`i. He is nationally and internationally recognized for his legal work and scholarship on civil procedure as well as national security and civil liberties, civil rights and social justice, with an emphasis on reconciliation initiatives and redress for historic injustice. He authored Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America (2000); Race, Rights and Reparation: Law and the Japanese American Internment (Second Edition, 2013), co-authored with Margaret Chon. He has been a visiting professor at the University of California, Berkeley School of Law, the Santa Clara Law School, and the City University of New York Law School.

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