Thursday, February 9, 2006
Here's North Carolina CrimProf Eric Muller's description of his latest paper: "I dig way deeper than Korematsu and Hirabayashi to show that just about every case the Justice Department brought against Japanese Americans in WWII--beyond those designed to enforce the curfew and the exclusion--ended in disaster: acquittals (by all-white juries, no less), dismissals, and stern judicial rebukes. Most of the paper is based on archival research, digging out lots and lots of "forgotten" cases that ended in the district or circuit courts rather than going up to the Supremes.
The paper gives a whole new meaning to the 'disaster' of the 'Japanese American cases'--and shows how difficult it was for the Justice Department to get any traction at all with the judiciary outside the most core area of extreme (or, at least allegedly extreme) military necessity."
http://www.isthatlegal.org/archives/2006/02/the_japanese_am.html [Jack Chin]