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Book
1 online resource.
  • Prologue
  • Overview: judging national security and civil liberties controversies
  • The 1944 Korematsu Supreme Court decision
  • The 1980s coram nobis cases
  • Korematsu's chameleonic deployment
  • Jurisprudential foundations
  • A workable method
  • Realpolitik influences
  • In the shadow of Korematsu
  • In the light of justice: concluding thoughts.
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. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and 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. One of which is: 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? This book portrays 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. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
(source: Nielsen Book Data)9780190878955 20180813
Law Library (Crown)
Book
xiii, 248 pages ; 25 cm
  • Overview : judging national security and civil liberties controversies
  • The 1944 Korematsu Supreme Court decision
  • The 1980s coram nobis cases
  • Korematsu's chameleonic deployment
  • Jurisprudential foundations
  • A workable method
  • Realpolitik influences
  • In the shadow of Korematsu
  • In the light of justice : concluding thoughts
  • Epilogue.
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. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and 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. One of which is: 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? This book portrays 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. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
(source: Nielsen Book Data)9780190878955 20180813
Law Library (Crown)
Book
xi, 330 p. ; 24 cm.
Once dominated by black-white relations, discussions of race in the USA are increasingly informed by an awareness of strife between non-white racial groups. Combining race history, legal theory, theology, social psychology and anecdote, this work offers an examination of race and responsibility, with tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. It also paints a picture of South Africa's controversial Truth and Reconciliation Commission, and presents an Asian American apology to native Hawaiians for complicity in their oppression.
(source: Nielsen Book Data)9780814796740 20160528
Law Library (Crown)
Book
xi, 330 p. ; 24 cm.
Once dominated by black-white relations, discussions of race in the USA are increasingly informed by an awareness of strife between non-white racial groups. Combining race history, legal theory, theology, social psychology and anecdote, this work offers an examination of race and responsibility, with tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. It also paints a picture of South Africa's controversial Truth and Reconciliation Commission, and presents an Asian American apology to native Hawaiians for complicity in their oppression.
(source: Nielsen Book Data)9780814796740 20160528
Green Library
Book
xxx, 506 p. : ill., maps ; 26 cm.
  • Prologue: Willed concealing, forgetting, remembering and repairing
  • History
  • The internment cases
  • Incarceration : effects and consequences
  • The coram nobis litigation
  • Executive and congressional action
  • Global implications of internment redress
  • Epilogue: Watchful care over the loaded weapon.
Law Library (Crown)
Book
xxxi, 490 p. : ill. ; 26 cm.
Law Library (Crown)

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