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Asian American Empowerment: Law

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New Trial Sought After Jurors' Racial Remarks
Posted by Andrew on Wednesday, January 16 @ 22:14:05 EST (2706 reads)
Law The Seattle Times
January 15, 2008
©2008 Associated Press

SPOKANE — Attorney Mark D. Kamitomo is asking for a new trial in a medical malpractice case after learning that some jurors allegedly mocked his Japanese heritage during closed-door deliberations.

The Spokane County jury ruled against Kamitomo's client, clearing a doctor accused of negligence in a cancer diagnosis.

But juror Jack Marchant sought out Kamitomo after the trial and told him five jurors — three women and two men — had disparaged Kamitomo in jury proceedings, calling him "Mr. Kamikaze," "Mr. Miyashi" and "Mr. Miyagi," a character in the movie "The Karate Kid."

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After Murders, Indian Students Fearful at LSU
Posted by Andrew on Saturday, December 15 @ 17:26:04 EST (3057 reads)
Law By K.P. Nayar
©2007 The Telegraph (Calcutta, India)
December 15, 2007

Washington -- Authorities at the Louisiana State University in Baton Rouge, where two Indian students were murdered on Thursday night, swiftly moved to set up a “Komma and Allam Support Fund” to assist the families of the dead students.

The fund is named after the murdered students, Komma Chandrasekhar Reddy, 31, and Allam Kiran Kumar, 33.

Stung by criticism about neglecting security at the campus, authorities yesterday belatedly moved in to ensure visible vigilance at the Edward Gay Apartments, the scene of the murders, and other housing units on the notoriously insecure campus.

The LSU police department, working with the Baton Rouge police department, the East Baton Rouge parish sheriff’s office, and the Louisiana State Police, with assistance from the FBI, has launched an intense manhunt for three men, said to be African Americans, who were seen leaving the scene of the murders shortly before the bodies were discovered.

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Friends, Leaders Urge Renewed Probe Into Wone's Murder
Posted by Andrew on Tuesday, August 07 @ 03:29:55 EDT (4791 reads)
Law By Judy Tseng
Special to ModelMinority.com
August 7, 2007

Friends and colleagues of slain attorney Robert Wone crowded into a meeting room at the law firm of Covington & Burling in Washington, D.C. for a press conference on Monday, Aug. 6. Wone, 32, was stabbed to death in a college friend’s townhome northeast of Dupont Circle last year, and no arrests have been made.

Attorney Benjamin Razi, a former colleague of Wone who now represents his widow Katherine Wone, said of the press conference, “I hope that the passion of this group will get the city’s attention and motivate people to action.”

“Everybody we’d been able to talk to now has a lawyer, so there hasn’t been a lot of keeping in contact,” said Capt. C.V. Morris, head of the D.C. Metropolitan Police Department’s violent crime section, of the men present in the home when Wone was stabbed. “That’s the card we were dealt. There’s no reason to try [to contact] them at this point.”

The event took place in a large meeting room where Robert Wone had organized an attorney development seminar in April 2006. After brief introductory remarks from Covington & Burling attorney Benjamin Razi, Kathy Wone was the first to speak. She thanked everyone for attending.

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Attorney-Activist Robert Wone's Mysterious Death Continues to Baffle
Posted by Andrew on Sunday, January 14 @ 22:12:38 EST (9255 reads)
Law By Judy Tseng
Compiled from Press Reports
Special to ModelMinority.com
January 14, 2007

Robert Eric Wone, general counsel for Radio Free Asia, President-Elect of the Asian Pacific American Bar Association-DC, and general counsel to the Organization of Chinese Americans, died of stab wounds on August 3, 2006. He was 32 years old, and, the month prior, had just left the law firm of Covington & Burling to work for Radio Free Asia. A strange mystery continues to surround his brutal and senseless murder. Who would want to kill someone as generous, well-liked, and compassionate as Robert Wone?

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A Tribute to Chris Iijima
Posted by Andrew on Monday, January 02 @ 16:32:49 EST (7028 reads)
Law Law professor, musician and civil rights leader Chris Iijima died Dec. 31 after a long illness. He was 57.

By Mari Matsuda
Address to Na Loio No Na Kanaka Annual Fundraiser
October 2005

We are the children of the migrant workers
We are the offspring of the concentration camp
Sons and daughters of the railroad builder
Who leave their stamp on Amerika

We are the children of the Chinese waiter,
Born and raised in the laundry room
We are the offsping of the Japanese gardener
Who leave their stamp on Amerika

Those lyrics by Chris Iijima and Nobu Miyamoto created a community, by putting down on vinyl what they called “a song of ourselves,” at a time when we were otherwise absent from the space called popular culture. I first heard that song not off the famous Grain of Sand album, but sung at a nuclear free Hawaii fundraiser at Harris Memorial Church, performed by earnest young ethnic studies professors from the University of Hawaii. That song traveled from Harlem to Honolulu, it was part of a huge wave of activism that picked up Asian Americans across the nation and plucked them down in sit-ins and fundraisers and up against police lines where the motto “serve the people,” was not just theory, but also practice. It was life. It was music. It was a way to change the world, and Chris wrote the soundtrack.

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Race Divides Opinions of Vang Verdict
Posted by Andrew on Tuesday, September 20 @ 02:56:38 EDT (9407 reads)
Law

Some say a white jury can't understand that Chai Soua Vang felt threatened by hunters

By Laura Yuen
©2005 St. Paul Pioneer Press
September 18, 2005

The chilling details of his actions - six dead, four shot in the back - make Chai Soua Vang an unlikely subject of sympathy. But like the O.J. Simpson case, the murder trial that ended Friday night with guilty verdicts on all counts has divided its audience into two camps, largely drawn by racial lines.

In the days leading up to the trial, for example, the case drew dozens of posts filled with raw emotions on the Hmong Today online community forum. Some contributors declared Vang innocent, and at least one deemed him a hero. Another person who identified himself as a hunter of Hmong descent called Vang's actions "outrageous and uncalled for" but said the history of racism in the Northwoods of Wisconsin prompted Vang to believe he needed to "kill or be killed." Phebe Saunders Haugen, a Hamline University law professor, does not doubt that racial overtones led to the bloodshed, a lesson that shouldn't be lost. But the former prosecutor was astonished that Vang was claiming self-defense.

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Yellow in a White World
Posted by Andrew on Monday, July 11 @ 00:57:50 EDT (6650 reads)
Law apollyon writes "By Harold Hongju Koh
2004 Yung Wing Lecture. Yale Law School
October 1, 2004

Let me start with an embarrassing confession. I have lived in New Haven for 43 years, and I have taught at Yale for nearly 20. But until recently, when I was asked to give this lecture, I had never ever heard of Yung Wing.

Or at least so I thought. More on that in a little while.

Who, exactly, was Yung Wing? Yung Wing was the first Asian to graduate from Yale. He could well have been the first Asian to obtain a bachelor's degree from any university in the United States. And so, in a very real sense, he is the spiritual ancestor of every one of us of Asian heritage who studies or works here at Yale today. "

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Hate-Crime Forums Timed to Hunter's Trial
Posted by Andrew on Friday, July 01 @ 10:00:00 EDT (5356 reads)
Law

Asian-American, other groups hope to avert bias

By Alice L Chang
©2005 Milwaukee Journal Sentinel
June 23, 2005

After six white hunters were shot dead in a confrontation with a Hmong man in northern Wisconsin last November, bumper stickers circulated that read: "Save a hunter, kill a Hmong."

Also, police arrested a white man suspected of painting the word killer on a truck and two trailer homes owned by Hmong neighbors in western Wisconsin.

Those types of incidents are exactly what Janet Lew Carr wants to prevent.

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Lohman Case More Than Perversion
Posted by Andrew on Thursday, May 12 @ 10:00:00 EDT (6330 reads)
Law If you think Michael Lohman should be charged with committing a hate crime, contact the Mercer County Prosecutor's Office at (609) 989-6309 and the Trenton U.S. Attorney's Office at (609) 989-2190.

By Gladys Um
©2005 The Daily Princetonian
April 22, 2005

For two and a half years, Michael Lohman, a Ph.D. student in the applied math department, had been stalking Asian female students. He had been stealing their undergarments, cutting off their hair or squirting his semen and urine on them while riding the shuttle bus and pouring his bodily fluids into their drinks in the Graduate College and Fine Hall.

According to an article in The Advocate, Lohman has been accused of nearly 80 offenses: contaminating about 50 drinks, squirting semen and urine on about 20 women and snipping the hair of at least eight women. "And those are probably conservative numbers," Princeton Borough Police Lt. Dennis McManimon is reported to have said in the same article.

As disgusting as Lohman's offenses may be, equally disturbing is the fact that it took the University and the Department of Public Safety two-and-a-half years to take any serious action. The complaints started coming in as early as October of 2002, when DPS received a report about a white man introducing an unidentified liquid into an Asian woman's drink. Similar incidents of beverage tampering were reported in April 2003 and May 2004. In spite of the striking details they shared, these reports were treated by DPS as isolated incidents. What is one to make of the length of time that elapsed and the number of women who were allowed to be victimized before the authorities finally managed to connect the dots?

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China Buffet Workers Freed on Condition They Don't Sue
Posted by Andrew on Tuesday, April 26 @ 10:00:00 EDT (6150 reads)
Law dac writes "By Louie Gilot
©2005 El Paso Times
April 18, 2005

The bizarre case of the Grand China Buffet raids has ended with the dismissal of the charges and a promise not to sue.

Immigration and Customs Enforcement agents descended on the El Paso restaurants at 655 Sunland Park Drive and 9505 Viscount and on several residences Nov. 15, questioning about 40 men and women during several days in a hotel. But only six people were formally charged. Their crime: failing to give notice of a change of address within 10 days."

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Princeton Grad Student Accused Of Lewd Behavior Toward Women
Posted by Andrew on Thursday, April 07 @ 01:00:00 EDT (10588 reads)
Law Associated Press
April 5, 2005

PRINCETON, N.J. -- A Princeton University graduate student has been barred from campus after he was accused of surreptitiously cutting locks of hair from women on campus and pouring bodily fluids into women's drinks.

Officials say the student, Michael J. Lohman, 28, targeted Asian women in a spree that may have lasted from 2002 until Lohman was arrested March 30.

A woman reported last month that a man cut off a lock of her hair on a campus shuttle bus, triggering an investigation.
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Demystifying Legalese in Any Language
Posted by Andrew on Friday, March 25 @ 10:00:00 EST (4064 reads)
Law By Yung Kim
©2005 North Jersey Media Group Inc.
March 19, 2005

The law is hard enough to understand.

Trying to understand it in a foreign language and without a lawyer is a daunting task.

Alex Saingchin is fully aware of both.

The second-year student at Rutgers' School of Law in Newark spends hours perusing the intricacies of the legal system. But an interest in public service led him to enlist friends in an effort to take their burgeoning expertise to Asian-Americans in need.

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Korematsu After 9/11
Posted by Andrew on Tuesday, March 15 @ 10:00:00 EST (4638 reads)
Law el1263 writes " © 2005 By Elbert Lin
Special to ModelMinority.com
March 2005

How far have America and her courts come since World War II? Even in the wake of September 11th, it seemed they would not again endorse racial intolerance on the level of wholesale internments. A recent case, however, indicates there has been limited progress since the internment camps and the Supreme Court’s validation of those internments in Korematsu v. United States.

On October 17, 2002, a federal district court in New Jersey revived Korematsu in Dasrath v. Continental Airlines, Inc. by using language remarkably similar to that used in Korematsu. Dasrath concerns two of five suits filed in 2002 by the American Civil Liberties Union (ACLU), each of which alleges the racially discriminatory removal of a passenger from a commercial flight. In the opinion, the court explains 49 U.S.C. § 44,902, a statute permitting “an air carrier . . . [to] refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.” Judge Debevoise’s explication of the broad discretion granted by § 44,902 and his justification for the “heavy” burden the statute imposes upon a plaintiff echo Justice Black’s validation of Exclusion Order No. 34 in Korematsu. "
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Disparity in the Courtroom
Posted by Andrew on Tuesday, February 15 @ 10:00:00 EST (3911 reads)
Law

Asian-American attorneys remain few in numbers

By Jason Kosareff
©2005 San Gabriel Valley Tribune
February 12, 2005

When attorney Daniel Deng goes to court to defend a client, it is not uncommon for other lawyers, bailiffs and judges to assume he is a Mandarin translator. "In a courthouse, Asians are either a defendant or a translator," Deng said. "There are very few attorneys."

Lawyers like Deng, whose Rosemead practice is a smashing success among Asians in Los Angeles County, are few and far between in the national picture of the justice system.

Asian Americans make up 2.3 percent of the nation's 871,115 lawyers, according to the American Bar Association's Commission on Racial and Ethnic Diversity in the Profession. They comprise 4.4 percent of the national population and 13 percent of the California population, according to the Census.

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Man Shot by Cop Identified as Vietnamese-American
Posted by Andrew on Sunday, February 13 @ 10:00:00 EST (2819 reads)
Law By Connie Skipitares
©2005 San Jose Mercury News
January 24, 2005

San Jose police on Sunday identified the man who was shot and killed by an officer early Saturday as Hai Nguyen, 22.

Nguyen held police at bay at his home for 2 1/2 hours before allegedly pointing a gun at them, prompting an officer to open fire. A single gunshot to his chest killed him instantly as he stood just inside his open garage about 1:35 a.m. The officer was identified as Richard Foster, a 12-year veteran of the department and a canine officer.

Foster was placed on routine administrative leave as the investigation into the incident continues.

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Prosecutors Seek David Wong's Release
Posted by Andrew on Monday, December 13 @ 10:00:00 EST (2593 reads)
Law By David W. Chen
©2004 The New York Times
December 11, 2004

Nearly two months after a state court overturned the murder conviction of David Wong, an illegal Chinese immigrant accused of stabbing a fellow inmate in an upstate prison in 1986, prosecutors in Plattsburgh, N.Y., announced yesterday that they had filed a motion to dismiss the charges.

If the motion is approved, as expected, by Judge Richard C. Giardino of Fulton County, it will mark the legal end of a case that has attracted the attention of Asian-Americans around the country. But any celebration for Mr. Wong might be short-lived and bittersweet, since he is expected to be deported to China, meaning that his first taste of freedom in two decades would be not in the United States, but in Hong Kong or China.

Mr. Wong, now 42, was serving time for armed robbery when he was charged with fatally stabbing Tyrone Julius at the Clinton Correctional Facility in Dannemora, about 17 miles west of Plattsburgh. And though there was no physical evidence or obvious motive, Mr. Wong was found guilty based on the testimony of two witnesses and was sentenced to 25 years to life in prison.

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Wu Named One of the Country’s Best Lawyers
Posted by Andrew on Thursday, November 18 @ 10:00:00 EST (2796 reads)
Law By Vanessa Ward Hines
©2004 The South End (Wayne State University)
November 18, 2004

Wayne State University’s Law School Dean, Frank H. Wu, was honored Saturday as one of the “Best Lawyers under 40” during the National Asian Pacific Bar Association’s national convention in Dallas.

The Cleveland, Ohio-born Wu grew up in Metro Detroit. He earned a bachelor’s degree in writing from Johns Hopkins University in Baltimore, Md., in 1988, and a J.D. from the University of Michigan, where he graduated cum laude in 1991.

Wu assumed the helm of the law school July 15, becoming the youngest dean and the first Asian American to hold the position in the school’s history. The ninth dean of the law school, Wu, at 37, is one of the youngest deans in the United States. One of three Asian law school deans, he is the only one in Michigan and the only one of Chinese extraction.
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Phillipino Teen Shot by Toronto Police Officer
Posted by Andrew on Thursday, September 30 @ 10:00:00 EDT (6551 reads)
Law apollyon writes "

Family rejects official report

By Betsy Powell
©2004 The Toronto Star
September 28, 2004

The family of a teen shot to death by a Toronto police officer is rejecting the finding of an investigation that concluded the shooting was "legally justified" because the youth was armed with a knife.

"They are not going to let it go," lawyer Barry Swadron said yesterday, on behalf of Jeffrey Reodica's family. "This decision is not a reflection of what they know." "

(Read More... | 11084 bytes more | 10 comments | Score: 2.6)


Chinese Business Woman Assaulted by Homeland Security Inspector
Posted by Andrew on Thursday, September 02 @ 10:00:00 EDT (3360 reads)
Law Aquira writes "By John M. Glionna
©2004 Los Angeles Times
July 30, 2004

The graphic front page newspaper photo has played into the worst fears of the provincial river port city of Tianjin- showing a local business woman beaten so badly that her face appears a sickly black and blue. Her eyes are swollen shut.

The victim is a Chinese tourist who was recently attacked during an outing to Niagara Falls, on the U.S.-Canadian border. But the suspect isn’t any violent criminal or quick-hit mugger. The man who allegedly punched Zhao Yan repeatedly and doused her with pepper spray was an inspector with the U.S. Department of Homeland Security."

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Sikh Student Detained by Secret Service
Posted by Andrew on Thursday, August 26 @ 10:00:00 EDT (2608 reads)
Law suikana writes "

BC leader says beard, turban triggered stop

By Ralph Ranalli
©2004 The Boston Globe
July 30, 2004

A Boston College student leader who wears a turban and full beard in accord with his Sikh religion says he was detained and interrogated for seven hours Saturday night by Secret Service agents for doing nothing more than taking photographs of the campus.

Sundeep Sahni, a senior with a double major in computer science and finance, said the Secret Service agents, who were staying on campus during the Democratic National Convention, suggested that he was a criminal, searched him and his car for weapons and bombs, and even had him sign a release form during the ordeal that gave them access to his psychiatric records. "
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Coach Alleges Race Discrimination
Posted by Andrew on Sunday, August 22 @ 10:00:00 EDT (2163 reads)
Law By Leila Fujimori
©2004 Honolulu Star-Bulletin
August 13, 2004

The U.S. Olympic tae kwon do team's only two members testified via telephone from Athens yesterday that ousted local coach Dae Sung Lee would be a distraction if he were to coach them at the Olympics.

"It hurts me right now that I bother those athletes," said Lee, after a hearing in federal court in Honolulu yesterday. But Lee said he believes Nia Abdallah and Steven Lopez were coached to respond that way.

U.S. Judge Susan Oki Mollway is expected to rule today on whether to grant Lee's request for a court order to allow him to serve as a certified coach of the tae kwon do Olympic team in the 2004 Olympic Games, which begin today.

Lee, founder and master teacher at the United States Taekwondo Center in Aina Haina, filed suit July 28 against the U.S. Taekwondo Union and U.S. Olympic Committee alleging breach of contract and race discrimination. Lee alleged he was removed because he is a Korean American and because he had a good relationship with the union's former governing body largely made up of Korean Americans.

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A Lifelong Crusader Against Child Labor
Posted by Andrew on Sunday, August 01 @ 10:00:00 EDT (2142 reads)
Law pineappleheadindc writes "By Nora Boustany
©2004 Washington Post
July 22, 2004

The puzzle that has perplexed Kailash Satyarthi for most of his life presented itself to him on his first day of school, when he was barely 6 years old.

A boy about his age sat on the steps outside the school with his father, cleaning and repairing shoes, and not entering the classroom like everyone else. He saw this every morning. It was a common sight in the central Indian town of Vidisha, but facing it daily left Satyarthi feeling humiliated, he said. One day Satyarthi gathered up the courage to ask the cobbler why it was so.

The cobbler replied: "Young man, my father was a cobbler and my grandfather before him, and no one before you has ever asked me that question. We were born to work, and so was my son," Satyarthi recalled.

He was left unsatisfied by that explanation, and by others offered by his parents, teacher and headmaster. "It was very difficult for me to understand," he said. "I used to see that kid every day, and I was unable to solve the problem." "

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Police: Women Forced Into Sex Trade to Pay Debts
Posted by Andrew on Sunday, July 25 @ 10:00:00 EDT (11063 reads)
Law suikana writes "©2004 Associated Press
July 18, 2004

BURLINGTON, Vt. -- Three area spas raided recently by police are believed part of an international syndicate that forced Asian women to work as sex slaves to pay off debts to people who smuggled them to this country, police say.

Investigators' sworn statements allege that Asian women in the network, which spanned four countries and seven states, would provide massages and sexual services, then surrender most of the money to pay for being smuggled into the United States.

The women also paid to live at the spas and rarely left the buildings, the documents say. Several have criminal records with numerous prostitution arrests. "

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Officer Shot Teen in Back, Father Says
Posted by Andrew on Friday, July 16 @ 10:00:00 EDT (3102 reads)
Law apollyon writes "By Joe Friesen
©2004 The Globe and Mail
May 26, 2004

The 17-year-old killed by a Toronto Police officer was shot in the back, according to a doctor who treated him, his father said yesterday.

Willie Reodica, whose son Jeffrey was shot by an undercover officer in Scarborough on Friday, said his son was shot three times. One of the bullets travelled up the young man's spine, lodging at the base of his brain. He was taken off life support late Monday night after doctors said the flow of blood to his brain had been cut off. "
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Horseplay or Assault at Ithaca High?
Posted by Andrew on Wednesday, June 16 @ 10:00:00 EDT (4181 reads)
Law cokebabies writes "By Anne Ju
©2004 The Ithaca Journal
June 5, 2004

ITHACA -- Three months ago, an Ithaca High School student was airlifted by helicopter to Robert Packer Hospital, Sayre, Pa., after what Ithaca Police Chief Victor Loo characterized as "mutual horseplay" between male students.

The airlifted student, Thong Nguyen (pronounced "Tong Noo-yen"), was not badly hurt enough to require more than a few hours at the Sayre hospital, according to an Ithaca Police Department report.

While he insists he was attacked, the other male students maintained otherwise, saying the fight was accidental, according to their statements to Ithaca Police."
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Boeing's Asian American Workers to Appeal
Posted by Andrew on Sunday, June 13 @ 10:00:00 EDT (1877 reads)
Law ©2004 Indo-Asian News Service
June 8, 2004

It isn't over till it's over, says Seattle-based maverick trial lawyer Harish Bharti about a jury dropping charges against Boeing Company of discrimination against Indian Americans and other Asians workers.

Bharti lost his bid to hold Boeing responsible for discriminating against Indian Americans and other Asians in its hiring, salary, and firing practices. The lawyer known for taking on class action suits against corporate giants is filing an appeal within the next few weeks.

On June 2, a federal jury in the court of US District Court Judge Robert Lasnik decided the aircraft manufacturer had not discriminated against Asian Americans and other minority employees in terms of pay or job promotions.

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High School Cited for Racial Violence
Posted by Andrew on Thursday, June 03 @ 10:00:00 EDT (3058 reads)
Law cokebabies writes "By Bryan Virasami
©2004 Newsday
June 1, 2004

Lafayette High School ignored "pervasive" harassment and numerous cases of racially-motivated violence against Asian students for more than two years, the Justice Department said Tuesday.

In a scathing complaint and a 32-page settlement reached with the city, the Brooklyn school and the city Department of Education, school officials were accused of being "deliberately indifferent" to victims and to pleas from their parents and community leaders.

It was the first time under the Bush Administration that a school was taken to court under the Civil Rights Act of 1964, according to Justice Department officials.

"Not only was the violence extreme and persistent but also clearly racially-motivated," said a Justice Department official who did not want to be named. "And you have a situation where the school authority was being deliberately indifferent to the parents and to the concerns of the violence.""
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The Ordeal of Chaplain Yee
Posted by Andrew on Thursday, May 20 @ 10:00:00 EDT (2364 reads)
Law pineappleheadindc writes "By Laurie Parker
©2004 USA Today
May 17, 2004

Last fall, he was the Muslim chaplain who had betrayed America.

Accused of espionage, Army Capt. James Yee saw his notoriety bloom overnight. He was vilified on the airwaves and on the Internet as an operative in a supposed spy ring that aimed to pass secrets to al-Qaeda from suspected terrorists held at Guantanamo Bay, Cuba, where Yee ministered to them. After his arrest, Yee was blindfolded, placed in manacles and taken to a Navy brig, where he spent 76 days in solitary confinement.


Eight months later, all the criminal charges against the 36-year-old West Point graduate have melted away. A subsequent reprimand has been removed from his record. And while many legal analysts are questioning whether a security-conscious military over-reached in its investigation, Yee is back home at Fort Lewis, Wash., pondering what remains of his military career. "

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Guey Heung Lee v. Johnson
Posted by Andrew on Monday, May 17 @ 10:00:00 EDT (1745 reads)
Law

"Brown v. Board of Education was not written for Blacks alone"

Editor's Note: Brown v. Board of Education was decided 50 years ago today. Previously published on this site last August, today we republish the U.S. Supreme Court's subsequent opinion in Guey Heung Lee v. Johnson.

By William O. Douglas
Associate Justice, U.S. Supreme Court
August 25, 1971

Applicants are Americans of Chinese ancestry who seek a stay of a Federal District Court's order reassigning pupils of Chinese ancestry to elementary public schools in San Francisco. The order was made in a school desegregation case, the San Francisco Unified School District having submitted a comprehensive plan for desegregation which the District Court approved.

There are many minorities in the elementary schools of San Francisco; and while the opinion of the District Court mentions mostly the Blacks, there are in addition to whites, Chinese, Japanese, Filipinos, and Americans both of African and Spanish ancestry. The schools attended by the class here represented are filled predominantly with children of Chinese ancestry---in one 456 out of 482, in another 230 out of 289, and in a third, 1,074 out of 1,111.

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Korematsu's Filing in Rumsfeld v. Padilla
Posted by Andrew on Thursday, April 29 @ 10:00:00 EDT (1988 reads)
Law Editor's Note: Since May 2002, U.S. citizen Jose Padilla has been held indefinitely in federal custody without charges or access to counsel. Fred Korematsu, a Japanese American who lost his case against the World War II internment in an infamous Supreme Court decision, filed the following statement earlier this month in favor of Padilla. The case was argued before the Court yesterday.

Filed by Fred Korematsu et al.
Amicus Curiae Brief
U.S. Supreme Court, Docket No. 03-1027
Filed April 2004

The history of the detention of Japanese American citizens during World War II, and the legislation that followed, demonstrate that the Executive Branch does not have the unilateral power to detain an American citizen indefinitely, without charges or access to counsel.

The internment of 120,000 American citizens of Japanese descent during World War II was one of the darkest moments in American history. The American people have recognized that the indefinite detention of these citizens, without charges, was not justified. Indeed, to prevent such acts, Congress repealed the Emergency Detention Act of 1950.

Now, we stand at another crossroads where we face the same question – what circumstances, if any, justify the indefinite detention of an American citizen for suspicious activities, without charges or access to counsel?

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