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In the Shadow of KorematsuDemocratic Liberties and National Security$
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Eric K. Yamamoto

Print publication date: 2018

Print ISBN-13: 9780190878955

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780190878955.001.0001

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Judging National Security and Civil Liberties Controversies

(p.11) 1 Overview
In the Shadow of Korematsu

Eric K. Yamamoto

Oxford University Press

The Overview depicts the challenge of adjudicating security and liberty disputes in the shadow of Korematsu, particularly the judge’s role in reviewing government claims of “pressing public necessity.” That challenge speaks to those committed both to safety and justice in a constitutional democracy grounded in the rule of law—policymakers, administrators, judges, government and civil liberties lawyers, legal scholars, businesses, community justice advocates and concerned members of the polity. The chapter discusses the persisting yet uncertain significance of Korematsu, including the colliding views its 1984 reopening raised. This chapter concludes by carefully summarizing the content of each ensuing chapter in the book.

Keywords:   Korematsu, national security, civil liberties, judge’s role, constitutional democracy, rule of law, justice, 9/11, strict scrutiny

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