Skip to content Skip to main menu
  • News
  • Events
  • Law Library
  • Giving
  • Alumni
  • Quicklinks

    • Academic Calendar
    • bCourses Overview
    • bCourses Link
    • Schedule of Classes
    • Academic Rules
    • View Evaluations
    • UC Berkeley Law Logo (Identity)
    • RoloLaw
    • Event, Catering and Food Policy
    • Emergency Info
    • Resource Hub for Faculty & Staff
    • COVID-19 Information

    Support

    • Remote Teaching Resources
    • Computing Support
    • Faculty Support Unit
    • Berkeley Law Events
    • Business Services
    • Faculty Services (Library)
    • Human Resources & Academic Personnel
    • Instructional Technology
    • Phones
    • Room Reservations
    • Building Services
    • Resources to Respond to Sexual Harassment
  • Quicklinks

    • Academic Calendar
    • b-Line
    • Berkeley Law Facebook
    • Financial Aid
    • Faculty Profiles
    • Schedule of Classes
    • Teaching Evaluations
    • Final Exam Review Session Schedule
    • Exams
    • Final Exam Schedule
    • CalCentral
    • COVID-19 Information
    • Event, Catering and Food Policy
    • Emergency Info
    • Resource Hub for Students

    For Students

    • Dean of Students Office
    • Academic Policies
    • Academic Skills Program
    • Student Organizations
    • Student Journals
    • Commencement
    • Bookstore
    • Wellness at Berkeley Law
    • Registrar
    • University Health Services
    • Resources to Respond to Sexual Harassment
    • Inclusive Restrooms
  • Search for People at Berkeley Law

UC Berkeley Law
    • Academics Home
    • Areas of Study
      • Criminal Justice
      • Environment and Energy
      • Human Rights
      • Social Justice and Public Interest
        • Curriculum
          • J.D. Path
          • LL.M. Path
        • Social Justice+Public Interest Community at Berkeley Law
          • Public Interest and Pro Bono Graduation
      • Business and Start-ups
        • Business Law Curriculum
        • Business Law Faculty
      • Law and Technology
        • Student Activities
        • Law and Tech Curriculum
        • Law and Tech Faculty
      • Environmental Law
      • International and Comparative Law
        • Centers, Clinics, and Programs
        • Faculty
        • Student Activities
      • Constitutional and Regulatory
      • Law and Economics
        • Faculty
        • Prospective Students
        • Visiting Scholars
        • Law and Economics Fellowship
    • J.D. Program
      • First-Year Curriculum
      • Concurrent Degree Programs
      • Combined Degree Programs
      • Berkeley-Harvard Degree Programs
    • LL.M. Programs
      • Current Academic Calendars
      • LL.M. Executive Track
        • Past LL.M. Executive Track Academic Calendars
          • 2023 LL.M. Executive Track Academic Calendar
          • 2022 LL.M. Executive Track Academic Calendar
          • 2021 LL.M. Executive Track Academic Calendar
          • 2020 LL.M. Executive Track Academic Calendar
          • 2019 LL.M. Executive Track Academic Calendar
          • 2018 LL.M. Executive Track Academic Calendar
        • LL.M. Executive Track Courses
      • LL.M. Traditional Track
        • Current Academic Calendars
      • LL.M. Courses
      • Certificates of Specialization
      • Application & Admission
        • Steps to Apply
        • Application Forms & Deadlines
        • Eligibility & Admission Standards
        • Application Checklist
        • Admissions Policies
        • Check Application Status
      • Tuition & Financial Aid
        • Cost of Attendance
        • Scholarships
        • Ways to Fund Your Studies
          • Financial Aid Checklist for LL.M./J.S.D. Students
        • FAQ Financial Aid
      • Admitted Students
        • Visas
        • Housing Resources
        • Cancellation & Refund Policies
      • Join an Event & Connect with LL.M. Staff
        • Recruiting and Informational Events
        • Visit Us!
        • Contact Us
      • Meet Our Students
        • LL.M. Thesis Track Student Profiles
      • Meet Our Partners
      • Questions? Start Here
    • Doctoral Programs
      • J.S.D. Program
        • Application & Admission
          • Steps to Apply
          • Application Form & Deadline
          • Eligibility & Admission Standards
          • Application Checklist
          • Check Application Status
        • J.S.D. Tuition & Financial Aid
          • Cost of Attendance for JSD
          • Robbins J.S.D. Fellowship
        • J.S.D. Student Profiles
          • Zehra Betul Ayranci
          • Ella Corren
          • Silvia Fregoni
          • George Lambeth Vicent
          • Sylvia Si-Wei Lu
          • Natsuda Rattamanee
          • Youngmin Seo
          • Abdullah Alkayat Alazemi ’21
          • Mehtab Khan ’21
          • Maximilien Zahnd ’21
          • Shao-Man Lee ’20
          • Alvaro Pereira ’20
        • Contact Us
      • Ph.D. Program – Jurisprudence and Social Policy (JSP)
        • Events Calendar »
    • Certificates & Honors
    • Executive Education
    • Schedule of Classes
      • One Year Curriculum Planner
    • Current Academic Calendars
      • 2024-2025 Academic Calendar
      • 2025 LL.M. Executive Track Calendar
      • Past Academic Calendars
        • 2023-2024 Academic Calendar
        • 2022-2023 Academic Calendar
        • 2021-2022 Academic Calendar
        • 2020-2021 Academic Calendar
        • 2019-2020 Academic Calendar
        • 2018-2019 Academic Calendar
        • 2017-2018 Academic Calendar
        • 2016-2017 Academic Calendar
        • 2015-2016 Academic Calendar
        • 2014-2015 Academic Calendar
        • 2013-2014 Academic Calendar
        • 2012-2013 Academic Calendar
        • 2011-2012 Academic Calendar
        • 2010-2011 Academic Calendar
        • 2009-2010 Academic Calendar
        • 2008-2009 Academic Calendar
      • Future Academic Calendars
        • 2025-2026 Academic Calendar
    • Registrar
      • Order of the Coif and Dean’s List
      • Academic Rules
        • Supplemental Academic Rules for Traditional Track LL.M. Students
        • Academic Honor Code
        • Academic Rules Petition
        • Academic Rule 3.06 – applies to the Class of 2010 and before
        • Credit Hours
      • Registration
      • Transcripts
      • Verification of Attendance
      • Registrar’s Forms
      • Ordering a Diploma »
      • J.D. Academic Guidance
        • 3L Requirements FAQ
        • 3L Degree Worksheet
      • Registrar’s Student FAQ
      • Bar Information
        • State Bar Swearing-In Ceremony Information
          • State Bar Swearing-In Ceremony – Who’s Coming
    • Admissions Home
    • J.D. Admissions
      • Applying for the J.D. Degree
        • Ready to Apply
        • After You’ve Applied
        • Transfer & Visiting Student Applicants
        • Pre-Law Preparatory Academy
        • FAQs
      • Entering Class Profile
      • Connect with Admissions
        • Plan Your Visit
        • Virtual Engagement
        • Recruitment Events
        • Law Building Tour
        • View the Prospectus
        • Contact LL.M. Admissions
        • Contact J.S.P. Admissions
      • Meet Our Students
      • Studying at Berkeley Law
      • Living in the Bay Area
      • Concurrent & Combined Degree Programs
      • Faculty Admissions Policy
      • Financial Aid
        • Prospective and Entering Students
          • Entering Student Registration & Financial Aid Information
          • Financial Aid for International J.D. Students
          • Financial Aid for Undocumented J.D. Students
          • Legal Resident Information
        • Types of Aid
          • Scholarships
          • Loans
          • Work-Study
          • Native American Opportunity Plan
          • Financial Aid for Active Military and Veteran J.D. Students
          • Resources For Bar Related Expenses
        • How to Apply
          • Financial Aid Checklist & Timeline For Entering Students
          • Financial Aid Checklist & Timeline For Continuing Students
          • Financial Aid Checklist & Timeline For Incoming Transfer Students
        • Tuition & Fees
          • Cost of Attendance Adjustments
        • Forms
        • PDST-Increase Offset Awards (PIOAs)
        • Loan Repayment Assistance Program (LRAP)
          • LRAP Eligibility Guidelines
          • LRAP Eligibility Calculator
          • How to Apply for LRAP
          • LRAP Forms
          • Public Service Loan Forgiveness (PSLF)
          • News & Updates
          • LRAP & PSLF Testimonials
          • LRAP FAQs
        • Satisfactory Academic Progress
        • Withdrawals and Financial Aid
        • Info Sessions & Presentations
        • Financial Literacy
        • Financial Aid – J.D. Concurrent Degree Programs
        • FAQ & Glossary
        • Requesting a Financial Aid Award for a Student
        • About Our Team
      • Outreach Partnerships
      • Admitted Students – First-Year »
      • Admitted Students – Transfer & Visitor Status »
      • For Current Berkeley Law Students
      • Admissions Policies
      • ABA Required Disclosures »
    • LL.M. Admissions
    • J.S.D. Admissions
    • Ph.D. (JSP) Admissions
    • Visiting Scholar and Visiting Student Researcher Admissions
    • Faculty & Research Home
    • Faculty Experts by Topic
    • Faculty Profiles
    • Deans Emeritus Lecturers
    • Recent Faculty Scholarship
    • Awards and Honors
    • Faculty on Social Media
    • Faculty in the News
    • Featured Research
    • Centers, Institutes & Initiatives
    • Experiential Home
    • Clinical Program
      • Apply to the Clinics
      • Death Penalty Clinic
        • About the Clinic
          • Faculty and Staff
          • Alumni
        • Clinic News
        • Projects and Cases
          • Death Penalty Clinic Amicus Curiae Briefs
          • Guess Who’s Coming to Jury Duty?: How the Failure to Collect Juror Demographic Data Contributes to Whitewashing the Jury Box
          • Whitewashing the Jury Box: How California Perpetuates the Discriminatory Exclusion of Black and Latinx Jurors
        • Information for Students
        • Resources and Publications
          • Capital Defense Internships and Jobs
        • Donate to the Clinic
      • East Bay Community Law Center
      • Environmental Law Clinic
        • About the Clinic
        • Information for Students
        • Newsletters
        • Clinic News
        • Student Voices
        • Faculty and Staff
        • Alumni
        • Donate to the Clinic
        • Lawsuit Filed Over Radioactive Waste at Hunters Point Naval Shipyard
      • Global Rights Innovation Lab Clinic
        • About Us
        • Information for Students
      • Human Rights Clinic
        • About the Clinic
          • Alumni
          • Faculty and Staff
        • Clinic News
        • Projects and Cases
          • Featured Reports and Projects
          • Accountability and Transitional Justice
          • Promoting Human Rights in the United States
          • A Rights-Based Approach to Combating Poverty: Economic, Social & Cultural Rights
          • Counter-Terrorism and Human Rights
        • Resources and Publications by Focal Area
        • Information for Students
          • Student Self-Reflection
        • Donate to the Clinic
      • Policy Advocacy Clinic
        • About Us
        • People
          • Georgia Valentine
        • Clinic News
        • Resources and Publications
        • Juvenile Fees
          • COVID-19 Action on Juvenile Fees
          • Juvenile Fee Abolition in California
        • Adult Fees
          • Ending Unjust and Ineffective Criminal Fees in California
        • Students
        • Donate to the Clinic
      • Samuelson Law, Technology & Public Policy Clinic
        • About
          • Faculty and Staff
          • Clinic Alumni
          • Partners
        • Clinic News
        • Our Work
        • Information for Students
        • Access Reports
      • Social Enterprise Clinic
        • About Us
        • Information for Students
        • Our Work
      • Clinical Program Annual Report
        • Annual Report Archive
      • The Brian M. Sax Prize for Excellence in Clinical Advocacy
        • Brian M. Sax
        • Recipients
    • Pro Bono Program
      • The Pro Bono Pledge
        • Definition of Pro Bono
      • Log Your Pro Bono Hours
        • Definition of Pro Bono
      • Student-Initiated Legal Services Projects (SLPS)
        • How to Apply
        • Current Student-Initiated Legal Services Projects
          • Animal Law and Advocacy
          • Arts and Innovation Representation
          • Berkeley Immigration Group
          • Berkeley Law Anti-Trafficking Project
          • Berkeley Law and Organizing Collective
          • Business Community Legal Advice Workshop
          • California Asylum Representation Clinic
          • Clean Energy Leaders In Law
          • Climate Migration & Displacement Project
          • Consumer Protection Public Policy Order
          • Contra Costa Reentry Project
          • Digital Rights Project
          • Disability Rights Project
          • Drug Policy, Education, and Decriminalization Project
          • East Bay Dreamers Project
          • Environmental Conservation Outreach
          • Family Defense Project
          • Food Justice Project
          • Foster Education Project
          • Free The Land Project
          • Gun Violence Prevention Project
          • Homelessness Service Project
          • International Human Rights Workshop
          • International Refugee Assistance Project
          • La Alianza Workers’ and Tenants’ Rights Clinic
          • Legal Automation Workshop
          • Legal Obstacles Veterans Encounter
          • Name and Gender Change Workshop
          • Native American Legal Assistance Project
          • Palestine Advocacy Legal Assistance Project
          • Police Review Project
          • Political and Election Empowerment Project
          • Post-Conviction Advocacy Project
          • Queer Justice Project
          • Reentry Advocacy Project
          • Reproductive Justice Project
          • Startup Law Initiative
          • Survivor Advocacy Project
          • Tenants’ Rights Workshop
          • Workers’ Rights Clinic
          • Youth Advocacy Project
        • How to Start a New SLP
        • Inactive Student-Initiated Legal Services Projects
          • AI Legal Workshop
          • Berkeley Abolitionist Lawyering Project
          • Berkeley Immigration Law Clinic
          • Berkeley Students in Support of Arts and Innovation
          • Civil Rights Outreach Project (CROP)
          • Community Restorative Justice Project
          • Community Defense Project
          • Juvenile Hall Outreach
          • Karuk-Berkeley Collaborative Legal
          • Local Economies and Entrepreneurship Project
          • Prisoner Advocacy Network
          • Wage Justice Clinic
          • Workers’ Rights Disability Law Clinic
      • Berkeley Law Alternative Service Trips (BLAST)
        • Current Berkeley Law Alternative Service Trips (BLAST)
          • Alaska
          • Atlanta
          • Central Valley
          • Hawai’i
          • Kentucky
          • Mississippi
          • Montana
          • U.S./Mexico Border
        • Inactive Berkeley Law Alternative Service Trips
          • Los Angeles
          • South Texas
          • Tijuana
      • Call for Necessary Engagement in Community & Timely Response (CNECT)
        • Berkeley Law Afghanistan Project
        • Current & Past CNECT Partners
          • Hub for Equity in Administrative Representation
          • Racial Justice Legal Research Bank Project
        • CNECT News
      • Independent Projects
      • Opportunities for LL.M. Students
      • Supervising Attorneys
      • Pro Bono Spotlights
        • IRAP Project
        • David Nahmias
        • Angélica César & Mackenzie Gettel
        • Skylar Cushing
        • Addie Gilson & Eli McClintock-Shapiro
        • Tori Porell, Supervising Attorney FosterEd
        • Drug Policy, Education, and Decriminalization (DECrim) Project
        • Caity Lynch, JD ’25
        • Berkeley Immigration Group SLP Supervising Attorneys
        • Family Defense Project
        • Gabby Cirelli, JD ’24
        • Brooke D’Amore Bradley, JD ’23
        • Taiya Tkachuk, ’24
        • Emily Chuah ’24
        • Malak Afaneh ’24
        • KeAndra Hollis ’24
        • Maripau Paz ’24
        • Lucero Cordova ’23
        • Bharti Tyagi ’21
        • Benji Martinez ’23
        • Will Morrow ’23
        • Stephanie Clemente ’23
        • Francesco Arreaga ’21
        • Armbien Sabillo ’21
        • Kelsey Peden ’21
        • Jennifer Sherman ‘22
        • Professor Khiara M. Bridges
        • Professor Kristen Holmquist
      • Awards
      • Law Firm Pro Bono Programs
      • New York Bar Pro Bono Requirement
      • For Public Interest & Pro Bono Providers
    • Professional Skills Program
      • Legal Research, Analysis, and Writing Program
      • Elective Skills Courses
    • Advocacy Competitions Program
      • Eligibility by Class Year
      • Internal Competitions
        • McBaine Honors Moot Court
          • 2025 McBaine Competition
          • McBaine Honors Moot Court Competition 2024 Photo Essay
          • Previous Years’ McBaine Competitions
          • Past McBaine Winners
          • McBaine — Frequently Asked Questions
          • Helpful Materials
        • Halloum Negotiation Competition (Spring)
          • Competition FAQ
          • Previous Winners
        • Halloum Business Competition (Fall)
        • Bales Trial Competition
      • External Competitions (BOA)
        • BOA Tryouts
        • Alternative Dispute Resolution (ADR) Team
        • Moot Court Team
        • Tech & IP Team
        • Trial Team
      • Competition Videos
    • Field Placement Program
      • Testimonials
      • How to Apply
      • Judicial Externships
      • Civil Field Placements
      • Criminal Field Placements
      • Away Field Placements
        • The Hague
        • INHR Program
        • UCDC Law Program
      • For Supervisors and Host Organizations
        • BACE: Bay Area Consortium on Externships
      • Administrative Rules
      • Frequently Asked Questions
      • Field Placement Program Evaluation Database
    • Startup@BerkeleyLaw
      • Law Students
      • Entrepreneurs
        • How to Start a Startup @ Cal
        • FORM+FUND
        • Startup Law Initiative
      • Investors
    • Veterans Law Practicum
    • Ninth Circuit Practicum
    • Domestic Violence & Gender-Based Violence Practicum
      • About the Director
      • How to Apply
      • History & Impact
    • Careers Home
    • For J.D. Students
      • CDO Email Archive
      • Appointments and Drop-In Hours
      • Private Sector Careers
        • Explore Private Sector Careers
        • How to Apply to Private Sector Jobs
          • 2L Summer Private Sector Job Search
          • OCI Alternatives
      • Public Interest Careers
        • Explore Public Interest
          • Public Interest/Public Sector Employer Events & Resources
        • Find Public Interest Jobs
          • PI/PS Interviewing Resources
          • Using Interview Programs to Land Your 1L Summer Job
          • Your 2L and 3L PIPS Job Search
          • Post-Graduate Public Interest Fellowships
          • PI/PS Job Search Videos
        • Finance Your Public Interest Career
          • Summer Funding for PI/PS Internships & Judicial Externships
          • Berkeley Law Bridge and Public Interest Fellowships
      • Public Sector Careers
        • Federal Government Careers
        • State & Local Government Careers (incl. CA)
        • Careers in Policy/Politics
      • Judicial Clerkships
        • Application Instructions & Resources
        • Alumni Clerkship & Judicial Staff Directory
        • Clerkship Yearbooks
        • Clerkship and Interview Evaluations
        • Videos of Clerkship Programs
      • Judicial Externships
      • OCI Programs
      • Alternative Careers
    • For LL.M. Students
    • For Employers
      • Berkeley Law Recruiting Policies
      • Employer Resources for Virtual Internship Programs
      • Non Discrimination and Non Harassment Policies
      • Grading Policy
      • OCI Programs
      • Posting Job Listings
      • Reaching Berkeley Law J.D. Students
    • PSJD »
    • For Alumni
      • For Recent Graduate Job-Seekers
      • Enrichment Opportunities for Recent Grads
      • Executive Education
      • CDO Online Resources
      • Help the CDO
    • Careers in Law Teaching
      • Alumni Faculty Directory
      • Videos of Academic Placement Committee Programs
    • About CDO
      • CDO Staff News
    • Career Resource Library
    • Employment Outcomes
      • Employment Statistics
      • Judicial Clerkship Placement Statistics
  1. Home
  2. Articles
  3. News
  4. Journal Symposium Highlights Past Impact, Present Relevance of Nullifying Korematsu

Journal Symposium Highlights Past Impact, Present Relevance of Nullifying Korematsu

Projected slide showing Congressional Commission on Wartime Relocation and Internment of Civilians quote: The broad historical causes which shaped these decisions were race prejudice, war hysteria and a failure of political leadership.
  • Share article on Facebook
  • Share article on Twitter
  • Share article on Bluesky
  • Share article on LinkedIn
  • Email article

By Andrew Cohen 

Justice delayed isn’t ideal, but it’s better than justice denied — especially if the lessons gleaned help avert similar mistakes.

At its annual spring symposium on Jan. 28, the Asian American Law Journal at Berkeley Law commemorated the 40th anniversary of the coram nobis case overturning Korematsu v. United States. The event examined Korematsu’s importance, historical context, and ongoing pertinence in the face of global threats to civil rights. 

In 1944, the U.S. Supreme Court upheld the internment of nearly 120,000 Japanese Americans on the West Coast during World War II, ruling the detention a “military necessity” not based on race. At the symposium, attorneys who helped overturn Korematsu and others involved in two related cases described how the cases unfolded and what lessons they now offer.  

Four Panel speakers at table
The symposium’s first panel featured renowned lawyers Dale Minami ’71, Peggy Nagae, and Rodney Kawakami, whose work helped vacate the convictions against Fred Korematsu and Gordon Hirabayashi, and U.S. Ninth Circuit Court of Appeals Judge Mary M. Schroeder. Photo by Sascha Nour Fawaz

Keynote speaker and Korematsu coram nobis legal team member Lorraine Bannai directs Seattle University School of Law’s Fred T. Korematsu Center for Law and Equality and Professor of Lawyering Skills. Outlining the history of exclusion and animosity against Asian Americans when they first arrived in the U.S., she said that in 1905 the Japanese and Korean Exclusion League declared, “We cannot compete with people who have such a low standard of civilization, living, and wages.” 

Soon after Pearl Harbor was bombed on Dec. 7, 1941, Japanese Americans were removed from their homes — first to temporary confinement centers, and later to more permanent camps in desolate areas of the U.S. Fred Korematsu, an Oakland native and civil rights activist, resisted the internment and went into hiding before being arrested. 

Stressing that there were no charges, trials, or evidence that anyone had engaged in espionage or sabotage, Bannai said: “The government argued that they had certain racial characteristics that made them prone to be allied to Japan, argued without proof that Japanese American children who attended Japanese language schools were subject to sources of propaganda, and that there was insufficient time to separate the loyal Japanese Americans from the disloyal.” 

In Yasui v. United States, Minoru Yasui (the Oregon Bar’s first Japanese American member) challenged the constitutionality of the military curfew imposed on Japanese American citizens during the war, as did University of Washington student Gordon Hirabayashi in Hirabayashi v. United States.

In 1982, documents were discovered showing that while these cases were being argued before the Supreme Court, the government altered and destroyed evidence from intelligence agencies indicating that Japanese Americans posed no military threat to the U.S. The next year, a pro bono legal team including Bannai and fellow panelist Dale Minami ’71 filed identical petitions for each case in three federal district courts for a writ of error coram nobis, which asks the Court to rectify an error that led to a gross injustice.

A San Francisco federal district court judge granted the writ voiding Korematsu’s conviction, but explained that any legal precedent established by the case remained in force because it hinged on prosecutorial misconduct, not an error of law.

“The rights and human dignity of minorities have been compromised throughout history,” Bannai said. “The same stereotypes that led to wartime incarceration of Asians continue today are proven by recent anti-Asian hate crimes. The incarceration tells us that we all have to speak out. Very few stood up for the Japanese community and opposed the incarceration when it occurred.”

Dubious but determined 

Minami recalled feeling skeptical when told about the effort to overturn Korematsu, but also eager to join it. 

“This was going to be a massive undertaking,” he said. “We were going to retry history … to educate the public about the truth of these allegations.” 

Co-founder of the Asian Law Caucus, the first nonprofit firm dedicated to Asian Pacific Islander legal advocacy, Minami also helped start the Asian American Bar Association of the Greater Bay Area, Asian Pacific Bar of California, and Coalition of Asian Pacific Americans. He described the strategy behind filing in three separate courts where each man originally brought his case instead of filing a consolidated case before the Supreme Court.

Assessing the Court’s conservative makeup at the time and seeing that separate cases provided multiple opportunities to make arguments, Minami said it offered “three bites at the apple to get a favorable ruling and a chance to appeal.”

Panel with three speakers
King & Spalding partner Quyen Ta ’03, who helped spark a new San Francisco initiative addressing hostilities against Asian Americans, with Korematsu lawyer and University of Hawaii Law Professor Eric Yamamoto (left) and Berkeley Law Dean Erwin Chemerinsky. Photo by Sascha Nour Fawaz

Although the convictions were vacated in each case, the Yasui decision found no need to proceed with legal or factual findings. At the symposium, Yasui lawyer Peggy Nagae discussed that “bittersweet result,” and how things felt “unfinished and dissatisfied” when he died in 1986. 

“There was no education for the public, and ultimately no healing,” said Nagae, who worked with Yasui’s daughter to form the Yasui Legacy Project. “He never got his day in court that he so wanted.” 

Panelist Rodney Kawakami, an attorney for Hirabayashi, noted that Bannai’s sister Kathryn Bannai organized Hirabayashi’s legal team and that it was important for a Japanese American woman attorney to be its public face. 

“At that time, there were very few,” he said. “The core team included a Latina, an African American, Chinese Americans, and Caucasians. They wanted the legal team to be diverse to reflect the principle that Gordon Hirabayashi stated: ‘This not just my case, or a Japanese American case. This is an American case.’” 

In 1987, the U.S. Ninth Circuit Court of Appeals unanimously upheld a Seattle district court’s decision vacating both Hirabayashi’s forced removal conviction and his curfew conviction.

Historical boomerangs 

During the second panel, Berkeley Law Dean Erwin Chemerinsky called Korematsu “a tragically flawed decision.” Discussing the 2018 Trump v. Hawaii case, in which the Supreme Court upheld then-President Trump’s executive order restricting travel to the U.S. by citizens from eight predominantly Muslim countries, Chemerinsky said, “Our country seems to be making the same mistake time and again.” 

He added that the Court again assessed a group of people as dangerous on account of race, ethnicity, and national origin, with no evidence that they threatened national security.  

“The Constitution exists to check the government’s power, especially in times of national crisis,” Chemerinsky said. “These cases saw a terrible abdication of the Supreme Court in its role.” 

King & Spalding partner Quyen Ta ’03 was part of a group of lawyers with the Alliance for Asian American Justice that last year sued then-San Francisco District Attorney Chesa Boudin, after a violent attack on an Asian elder was pleaded down to misdemeanor assault instead of being charged as a hate crime. 

Karen Korematsu at podium
Fred Korematsu’s daughter Karen Korematsu, founder and executive director of the Fred T. Korematsu Institute, gives the symposium’s closing remarks. Photo by Sascha Nour Fawaz

Ta said the complaint was eventually withdrawn after it sparked productive discussions with Boudin and her office, and that a new initiative under current DA Brooke Jenkins focuses on issues the complaint raised regarding hostilities and access to justice. 

“It’s really important to be a community lawyer no matter where you are,” said Ta, a Vietnamese refugee who worked at the Asian Law Caucus as a paralegal before law school and won Berkeley Law’s 2018 Young Alumna Award. “Cases aren’t files; these are people’s lives at stake. You can impact and effect social change in whatever environment you’re in.” 

In 1988, the United States paid $20,000 each in reparations to over 82,000 surviving Japanese Americans who were interned. University of Hawaii Law Professor and Korematsu legal team member Eric Yamamoto noted that compensation alone isn’t sufficient: instead, the government apologizing for and acknowledging its wrongdoing “can lead to social healing of transgenerational injuries, and reduce the likelihood of repeating mistakes.”

He stressed the importance of teaching and learning about the cases — and to extend their international and human rights reach. 

“The state secrets privilege encourages the government to exaggerate or lie about national security to justify civil liberties abuses,” Yamamoto said. “The coram nobis cases highlight what’s at stake when the government cannot hide: checks and balances to American democracy.” 

Asian American Law Journal at Berkeley Law Editors-in-Chief Diana Lee ’23 and Kristen Smith ’23 contributed to this report.

02/07/2023
Topics: Alumni News, Constitutional and Regulatory, Criminal Justice, Racial Justice, Social Justice and Public Interest, Student News

News

  • Transcript Magazine
    • Transcript Archive
      • Transcript Spring 2021 Online Edition
      • Transcript Fall 2020 Online Edition
      • Transcript Spring 2020 Online Edition
      • Transcript Fall 2019 Online Edition
      • Transcript Spring 2019 Online Edition
      • Transcript Fall 2018 Online Edition
      • Transcript Spring 2018 Online Edition
      • Transcript 2017 Online Edition
      • Transcript 2016 Online Edition
  • Podcasts
  • On Display
  • Media Highlights
  • News Archive
    • 2025 Archive
    • 2024 Archive
    • 2023 Archive
    • 2022 Archive
    • 2021 Archive
    • 2020 Archive
    • 2019 Archive
    • 2018 Archive
    • 2017 Archive
    • 2016 Archive
    • 2015 Archive
    • 2014 Archive
    • 2013 Archive
    • 2012 Archive
    • 2011 Archive
    • 2010 Archive
    • 2009 Archive
    • 2008 Archive
    • 2007 Archive
    • 2006 Archive
    • 2005 Archive
    • News Briefs
    • Alumni Newsletter
  • Trailblazing Women
  • Social Media
  • Communications Office
    • Media Release Form
    • UC Berkeley Law Logo (Identity)
      • Ordering Printed Supplies
  • Law School Images »
  • Twitter
  • Youtube
  • Instagram
  • Flickr
  • Facebook
  • LinkedIn
  • TikTok
  • About
  • Getting Here
  • Contact Us
  • Job Openings
  • ABA Required Disclosures
  • Feedback
  • For Employers
  • Accessibility
  • Relay 711
  • Nondiscrimination
  • Privacy Policy
  • UC Berkeley

© 2025 UC Regents, UC Berkeley School of Law, All Rights Reserved.