In his article, Professor Mark Killenbeck defends both Korematsu v. United States and Trump v. Hawaii on their own terms, albeit on narrow grounds. He goes on to conclude that comparisons of the two decisions don’t hold up. Killenbeck has authored a thoughtful and contrarian paper, but I’m not sold. In my view, Korematsu simply isn’t worth saving; in fact, a more complete repudiation of the internment decisions is overdue. Trump v. Hawaii, too, must also be revisited at the earliest opportunity and its more alarming features that abet presidential discrimination against non-citizens rejected. Moreover, I believe that comparisons between the two disputes are warranted. When the two controversies are brought together, they underscore several ...
More When Justice Sonia Sotomayor analogized the majority opinion in Trump v Hawaii to Korematsu v U...
I begin with some reflections on my own career in teaching—or, perhaps, attempting to teach—American...
As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the C...
This is an invited response to Professor Mark Killenbeck\u27s article, Sober Second Thoughts? Korem...
We are elated to present Professor Mark Killenbeck’s thought provoking article, Sober Second Thought...
In Korematsu, Hirabayashi, and the Second Monster, Eric L. Muller explores whether Korematsu v. Unit...
How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly a...
In Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essa...
Mark Killenbeck’s Korematsu v. United States has important affinities with Dred Scott v. Sandford. B...
In just a few years, seven decades will have passed since the United States Supreme Court\u27s decis...
One of the darkest periods in modern United States history is reoccurring with mixed public approval...
(Excerpt) Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately p...
Contrary to Chief Justice Robert\u27s dicta, Trump v. Hawaii (2018) did not overrule Korematsu v. Un...
The Japanese Pearl Harbor attack on December 7, 1941, marked the beginning of total war between the ...
On the second-to-last day of the term, the U.S. Supreme Court issued its decision in Trump v. Hawaii...
More When Justice Sonia Sotomayor analogized the majority opinion in Trump v Hawaii to Korematsu v U...
I begin with some reflections on my own career in teaching—or, perhaps, attempting to teach—American...
As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the C...
This is an invited response to Professor Mark Killenbeck\u27s article, Sober Second Thoughts? Korem...
We are elated to present Professor Mark Killenbeck’s thought provoking article, Sober Second Thought...
In Korematsu, Hirabayashi, and the Second Monster, Eric L. Muller explores whether Korematsu v. Unit...
How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly a...
In Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essa...
Mark Killenbeck’s Korematsu v. United States has important affinities with Dred Scott v. Sandford. B...
In just a few years, seven decades will have passed since the United States Supreme Court\u27s decis...
One of the darkest periods in modern United States history is reoccurring with mixed public approval...
(Excerpt) Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately p...
Contrary to Chief Justice Robert\u27s dicta, Trump v. Hawaii (2018) did not overrule Korematsu v. Un...
The Japanese Pearl Harbor attack on December 7, 1941, marked the beginning of total war between the ...
On the second-to-last day of the term, the U.S. Supreme Court issued its decision in Trump v. Hawaii...
More When Justice Sonia Sotomayor analogized the majority opinion in Trump v Hawaii to Korematsu v U...
I begin with some reflections on my own career in teaching—or, perhaps, attempting to teach—American...
As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the C...