USSC - Korematsu v. U.S. (ebook) 1.3


Category: Reference
Price: $0.99 (iTunes)

Description:

Korematsu v. United States, 323 U.S. 214 (1944), was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which required Japanese-Americans in the western United States to be excluded from a described West Coast military area.
In a 6-3 decision, the Court sided with the government, ruling that the exclusion order was constitutional. The opinion, written by Supreme Court justice Hugo Black, held that the need to protect against espionage outweighed Fred Korematsu's individual rights, and the rights of Americans of Japanese descent. (The Court limited its decision to the validity of the exclusion orders, adding, "The provisions of other orders requiring persons of Japanese ancestry to report to assembly centers and providing for the detention of such persons in assembly and relocation centers were separate, and their validity is not in issue in this proceeding.")

The decision in Korematsu v. United States has been very controversial. Indeed, Korematsu's conviction for evading internment was overturned on November 10, 1983, after Korematsu challenged the earlier decision by filing for a writ of coram nobis. In a ruling by Judge Marilyn Hall Patel, the Federal District Court for the Northern District of California granted the writ (that is, it voided Korematsu's original conviction) because in Korematsu's original case, the government had knowingly submitted false information to the Supreme Court that had a material impact on the Supreme Court's decision.

The Korematsu decision has not been explicitly overturned. Indeed, the Korematsu ruling is significant both for being the first instance of the Supreme Court applying the strict scrutiny standard to racial discrimination by the government and for being one of only a tiny handful of cases in which the Court held that the government met that standard.

This decision is very readable by everyone and great for anyone interested in learning more about the supreme court, history, or the subject of the case.

LANDMARK DECISION:
A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. Certain cases within this category are widely known in legal studies and may be reviewed by law students even if they have been overturned by later decisions.

The term "landmark decision" is not a formal legal term but a colloquialism, however it is in widespread use amongst legal professionals — over 5,000 published opinions of lower courts can be found identifying some precedent as a landmark decision in the field of law being addressed.

FEATURES:
• This eBook has internal links, in both directions, between footnotes and citations within the rulings themselves.
• It remembers where you last were reading
• Very fast to open and display.
• Self contained and therefore does not require internet.
• Excellent reference material for lawyers, teachers and students.
• Has ability to tele-read at a settable pace so as to avoid use of screen gestures.
• This is a reference work eBook eReader.

USSC - Korematsu v. U.S. (ebook)



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