American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

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Current index to legal periodicals

1. The prison and the gallows: the construction of the carceral state in America 2. Law, order, and alternative explanations 3. Unlocking the past: the nationalization and politicization of law and order 4. The carceral state and the welfare state: the comparative politics of victims 5. Not the usual suspects: feminists, women's groups, and the anti-rape movement 6. The battered women's movement and the development of penal policy 7. From rights to revolution: prison activism and penal policy 8. Capital punishment, the courts, and the early origins of the carceral state, 1920s-60s 9. The power to punish: the political development of capital punishment, 1972 to today 10. Conclusion: whither the carceral state.

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The Prison and the Gallows: The Politics of Mass Incarceration in America

Strangers in the Land: Patterns of American Nativism, 1860–1925. By John Higham. (New Brunswick: Rutgers University Press, 1955. xiv + 431 pp. Illustrations, notes, bibliography, and index. $6.00.)

Centre on Migration, Policy and Society

Compared to other groups of color, Asian Americans and their perspectives have rarely been given attention in curriculum studies. This article seeks to address the gap in the literature. It uses AsianCrit, a branch of critical race theory, as a theoretical lens to analyze and explicate common patterns across various states’ scripting of Asian American experience in their U.S. history standards. Informed by AsianCrit, the article describes and troubles invisibility and consequent messages about Asian Americans and their experience in the story of the United States told from state U.S. history standards. The study suggests the benefit of AsianCrit as a theoretical, methodological tool to read and disrupt racism embedded in curriculum scripting of U.S. history. The study also adds a new knowledge to the long-held scholarship on inclusion and representation of historically marginalized groups in official school knowledge.

Asian Americans in American History: An AsianCrit Perspective on Asian American Inclusion in State U.S. History Curriculum Standards

In the spring of 1942, the federal government forced West Coast Japanese Americans into detainment camps on suspicion of disloyalty. Two years later, the government demanded even more, drafting them into the same military that had been guarding them as subversives. Most of these Americans complied, but "Free to Die for Their Country" is the first book to tell the powerful story of those who refused. Based on years of research and personal interviews, Eric L. Muller recreates the emotions and events that followed the arrival of those draft notices revealing a dark and complex chapter of America's history.

Free to Die for Their Country: The Story of the Japanese American Draft Resisters in World War II

When the U.S. government forced 70,000 American citizens of Japanese ancestry into internment camps in 1942, it created administrative tribunals to pass judgment on who was loyal and who was disloyal. In "American Inquisition", Eric Muller relates the untold story of exactly how military and civilian bureaucrats judged these tens of thousands of American citizens during wartime. Some citizens were deemed loyal and were freed, but one in four was declared disloyal to America and condemned to repressive segregation in the camps or barred from war-related jobs. Using cultural and religious affiliations as indicators of Americans' loyalties, the far-reaching bureaucratic decisions often reflected the agendas of the agencies that performed them rather than the actual allegiances or threats posed by the citizens being judged, Muller explains. "American Inquisition" is the only study of the Japanese American internment to examine the complex inner workings of the most draconian system of loyalty screening that the American government has ever deployed against its own citizens. At a time when our nation again finds itself beset by worries about an "enemy within" considered identifiable by race or religion, this volume offers crucial lessons from a recent and disastrous history.

American Inquisition: The Hunt for Japanese American Disloyalty in World War II

In 1942, Bill Manbo (1908-1992) and his family were forced from their Hollywood home into the Japanese American internment camp at Heart Mountain in Wyoming. While there, Manbo documented both the bleakness and beauty of his surroundings, using Kodachrome film, a technology then just seven years old, to capture community celebrations and to record his family's struggle to maintain a normal life under the harsh conditions of racial imprisonment. "Colors of Confinement" showcases sixty-five stunning images from this extremely rare collection of color photographs, presented along with three interpretive essays by leading scholars and a reflective, personal essay by a former Heart Mountain internee.The subjects of these haunting photos are the routine fare of an amateur photographer: parades, cultural events, people at play, Manbo's son. But the images are set against the backdrop of the barbed-wire enclosure surrounding the Heart Mountain Relocation Center and the dramatic expanse of Wyoming sky and landscape. The accompanying essays illuminate these scenes as they trace a tumultuous history unfolding just beyond the camera's lens, giving readers insight into Japanese American cultural life and the stark realities of life in the camps.Also contributing to the book are: Jasmine Alinder is associate professor of history at the University of Wisconsin-Milwaukee, where she coordinates the program in public history. In 2009 she published Moving Images: Photography and the Japanese American Incarceration (University of Illinois Press). She has also published articles and essays on photography and incarceration, including one on the work of contemporary photographer Patrick Nagatani in the newly released catalog Desire for Magic: Patrick Nagatani--Works, 1976-2006 (University of New Mexico Art Museum, 2009). She is currently working on a book on photography and the law.Lon Kurashige is associate professor of history and American studies and ethnicity at the University of Southern California. His scholarship focuses on racial ideologies, politics of identity, emigration and immigration, historiography, cultural enactments, and social reproduction, particularly as they pertain to Asians in the United States. His exploration of Japanese American assimilation and cultural retention, Japanese American Celebration and Conflict: A History of Ethnic Identity and Festival, 1934-1990 (University of California Press, 2002), won the History Book Award from the Association for Asian American Studies in 2004. He has published essays and reviews on the incarceration of Japanese Americans and has coedited with Alice Yang Murray an anthology of documents and essays, Major Problems in Asian American History (Cengage, 2003).Bacon Sakatani was born to immigrant Japanese parents in El Monte, California, twenty miles east of Los Angeles, in 1929. From the first through the fifth grade, he attended a segregated school for Hispanics and Japanese. Shortly after Pearl Harbor, his family was confined at Pomona Assembly Center and then later transferred to the Heart Mountain Relocation Center in Wyoming. When the war ended in 1945, his family relocated to Idaho and then returned to California. He graduated from Mount San Antonio Community College. Soon after the Korean War began, he served with the U.S. Army Engineers in Korea. He held a variety of jobs but learned computer programming and retired from that career in 1992. He has been active in Heart Mountain camp activities and with the Japanese American Korean War Veterans.

Colors of confinement : rare Kodachrome photographs of Japanese American incarceration in World War II

Military jargon sneaks imperceptibly into the vocabulary of the law when the topic is litigation for social change. The litigation itself is styled a \"campaign,\" its theoretical framework a series of \"attacks.\" The planners of these campaigns, to whom many refer as \"fighting the good fight,\" have been likened by Michael Meltsner to \"those highly trained, specially assembled raider groups which are occasionally deployed in wartime\"' to chart \"legal strategy under battlefield conditions.\" 2 Jack Greenberg, Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc. (LDF or \"Fund\") from 1961 through 1984, warns that [t]he term \"campaign\" conjures up an image of military precision. But we will see, time and again, cases take on lives of their own and mature along unexpected lines. . . .Too much that occurs is not subject to control, . . .3 Still, a quick glance at the literature on many of the Fund's projects-campaigns against segregated educational facilities, racially restrictive covenants, money bail, and others-indicates that issues of control, of risk, and of costs and benefits have been central to the decision-making process which has controlled the Fund's campaign strategies. During the 1960s and early 1970s the LDF undertook yet another campaign. The Fund mounted a two-stage attack on the death penalty: first on its imposition for the crime of rape, then on its imposition for any crime at all. This campaign, however, was not marked by a decision-making process similar to that which engendered other LDF projects. If it is true that \"the life of the law has not been logic: it has been experience,\" the LDF's death penalty campaign set logic against

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The Legal Defense Fund's Capital Punishment Campaign: The Distorting Influence of Death

In the debate about racial and ethnic profiling in the wake of the September 11 terrorist attacks, critics of the administration's policies have frequently argued that the government has made the same fundamental error as the Roosevelt administration made when it forced 110,000 Japanese Americans into camps during World War II. This is a powerful rhetorical strategy, but is it an accurate one? What was the "fundamental error" of the Japanese American internment? In this article, Professor Muller argues that the fundamental error of the internment was not the inference of suspicion that the government drew from the fact of Japanese ancestry, but the enormity of the deprivations that the government imposed on the basis of that inference. Seen this way, the internment recedes as a rhetorical device, which allows for a more careful and subtle debate about whether the socio-legal landscape has changed enough in the past 60 years to prevent a civil liberties tragedy like the internment from recurring. Professor Muller concludes that that landscape has not changed enough to ensure that national-origin-conscious enforcement strategies will not leap from minor to massive intrusions.

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Eric L. Muller

Papers

Free to Die for Their Country: The Story of the Japanese American Draft Resisters in World War II

American Inquisition: The Hunt for Japanese American Disloyalty in World War II

Colors of confinement : rare Kodachrome photographs of Japanese American incarceration in World War II

The Legal Defense Fund's Capital Punishment Campaign: The Distorting Influence of Death

Inference or Impact? Racial Profiling and the Internment's True Legacy