This nutshell of _Korematsu_in @JeannieSGersen's piece on Dred Scott is lawprof-standard--but it's also mistaken and perpetuates misunderstanding of the case and the history. First, _Korematsu_ did *not* permit the detention of Japanese Americans, even tho everyone thinks it did.
Korematsu "permitted" the *removal* of Japanese Americans from the West Coast. It said nothing about detention (or "internment" (on which more in a moment)). The Supreme Court did not uphold anyone's detention; in fact, it unanimously *condemned* detention the same day in _Endo_.
(Of course, there are law-review-worthy debates about the Court's duplicity in breaking detention apart from removal in Korematsu and Endo. It's fair to assail the Court for maneuvering to avoid ruling on detention in _K_. But it's wrong to say the Ct permitted detention in _K_.)
And it's also wrong to refer to the detention of Japanese Americans as "internment," even though that's the common term. "Internment" was a *lawful* process brought to bear on a subset of Japanese noncitizens--a couple thousand--after Pearl Harbor.
The process brought to bear on the roughly 120K people of Japanese ancestry (like Fred Korematsu) had nothing to do with that "internment." It was an unprecedented, made-up-on-the-fly imprisonment of people of Japanese ancestry with no claim to the lawful pedigree of internment.
_Korematsu_ is an immensely important case, both historically and doctrinally. We lawprofs should describe it with care. @korematsu @KorematsuCtr @DenshoProject @aaaj_alc @aaldef

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More from @elmunc

9 Jun
A couple of thoughts.
1) Korematsu didn't "permit the Japanese internment." (a) Korematsu said nothing at about detention. (b) Korematsu didn't concern "internment," a lawful form of detention of enemy aliens. This misdescription is so common w/lawprofs who should know better!
2. In my view, starting a core 1st-year law school course w/Dred Scott is like starting a core 1st-year medical school course w/a case of gross surgical malpractice. I understand the instinct to do it (& the article summarizes it well), but I find it pedagogically ill-conceived.
These students are beginners. We owe them some familiarity with the rudiments of constitutional analysis before hitting them w/a moral & analytical monstrosity like Dred Scott. Show them the *construction* tools before deconstructing. Aren't more students likelier to have
Read 5 tweets
8 Jun
Lot of snark abt this from @NYMag Chua/Rubenfeld piece, but I'm gonna say it straight: this is @YaleLawSch's malignancy. I had 3 yrs of nauseous bafflement at the preening, scheming culture--the faux-chill battles for a rung on a supposed "natural hierarchy of achievement." /1 Image
This is professional education--the *formation* of new generations of people as lawyers with access (due to the pedigree) to wide possibilities and deep responsibilities--and a prof's seemingly unashamed metaphor for it is ... a horse race. /2
My memory of YLS is of a theater with two performances. The one you'd think mattered--the one in front of the curtain, the classes and the seminars--was (I came very belatedly to see) just engaging calisthenics. The one that mattered was happening backstage and in the wings, /3
Read 7 tweets
16 Dec 20
History's rhyming at #OleMiss with the apparently politically motivated firing of @garrett_felber, a scholar of race & incarceration. 60 years ago they sent lawprof Bill Murphy packing for defending school desegregation & the @ACLU. historynewsnetwork.org/article/45227 Clarion-Ledger (Jackson, Miss.), June 11, 1961, p. 15.
Bill Murphy had tenure, so instead of firing him, @OleMissRebels drove him away. Enterprise-Journal (McComb, Miss.), Aug 1, 1962, p. 8.
@garrett_felber is the author of THOSE WHO KNOW DON'T SAY from @uncpressblog, a history of the Nation of Islam that was shortlisted for the 2020 Museum of African American History Stone Book Award.
Read 5 tweets
19 Apr 20
OK, friends, in this thread I'm going to walk you through how to bake these #yummy lye pretzel rolls. #quarantineProject #recipe #baking #baker #bakingbread #homemade
Here are the ingredients: 2 cups of lukewarm water, a scant 6 cups of bread flour, a packet of yeast, 1 tablespoon of canola oil, 1 1/2 teaspoons of salt, and 3 teaspoons of sugar.
You'll also need food-grade lye. This scares people but it shouldn't. You need to take care when using it, but it's really not a huge deal. I've made dozens of batches over the years and never had any problem. You can order it online. I ordered mine from essentialdepot.com.
Read 29 tweets
12 Feb 20
Back at the Orange County Courthouse for #SilentSham, round 2. I'll be live-tweeting here.
We're at the lawyers-milling-around-and-yuckin'-it-up stage of the proceedings.
A neither-here-nor-there observation of this courtroom and this case: women are solidly represented in the student ranks of law schools and have been for a long time. But not this courtroom.
Read 56 tweets
6 Feb 20
Here at @UNC, a campaign is being mounted to convince Jewish students not to go on a free trip to Israel over spring break that is being offered them via UNC Hillel (@unchillel). dailytarheel.com/article/2020/0…
@UNC @unchillel According to the article in our campus newspaper, students on a prior iteration of the trip reported that “75 percent of the trip was spent on the Israeli narrative and only 25 percent on the Palestinian narrative.”
@UNC @unchillel The boycott effort is grounded in the idea that “people really need to be more critical and understand the implications of their actions, how identities are politicized, how we are situated and positioned in larger global structures of oppression and to actively dissociate ...
Read 21 tweets

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