Jump to ContentJump to Main Navigation
In the Shadow of KorematsuDemocratic Liberties and National Security$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 November 2019

Jurisprudential Foundations

Jurisprudential Foundations

Chapter:
(p.77) 5 Jurisprudential Foundations
Source:
In the Shadow of Korematsu
Author(s):

Eric K. Yamamoto

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190878955.003.0006

This chapter examines how the dissonant treatment of Korematsu plays out in still intensely competing jurisprudential views of the court’s role in high profile security and liberty disputes. It describes and critiques the underpinnings for the exceedingly deferential all the laws but one approach rooted in the government’s broad national security and war powers. And it develops the contrasting call to vigilance with roots in the Supreme Court’s seminal embrace of watchful care over fundamental liberties in its Civil War case Ex Parte Milligan. The chapter then offers a jurisprudentially nuanced conception of judicial independence, discussing works by prominent American, British, and Israeli jurists and scholars. The chapter closes by highlighting Justice Sonia Sotomayor’s observation that in recent years courts have made a “modicum of progress” in generating a better balance of security and liberty, while acknowledging Professor Own Fiss’s spotlight on the judicial penchant for backsliding.

Keywords:   jurisprudence, war on terror, court’s role, national security, civil liberties, checks and balances, William Rehnquist, Aharon Barak, Korematsu, Ex Parte Milligan

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .