In the Shadow of Korematsu: Democratic Liberties and National Security

In the Shadow of Korematsu: Democratic Liberties and National Security

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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-an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked 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. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? 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?

Product Details

ISBN-13: 9781515932062
Publisher: Tantor Media, Inc.
Publication date: 08/28/2018
Edition description: Unabridged
Product dimensions: 5.30(w) x 7.40(h) x 0.60(d)

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 Hawaii. He is nationally and internationally recognized for his legal work and scholarship on civil procedure as well as national security, civil liberties, and social justice.

An AudioFile Earphones Award winner, David Shih narrated the History Channel documentary China's First Emperor and the Discovery Networks series Royal Inquest. His many television and film credits include roles in The Path, Law & Order: Special Victims Unit, All My Children, The Amazing Spider-Man 2, and Saving Face.

Table of Contents


Part One: The Challenge
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


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