Month: January 2017

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KALAGNY Elections: Call for Nominations

AVAILABLE POSITIONS

Elections are for President, Executive Vice President*, Vice President of Communications^, Vice President of Membership, Treasurer, Secretary (Officers) and seven (7) Governor positions on the KALAGNY Board. All positions are for two-year terms, except one (1) Governor position which is for a one-year term°. Terms commence July 1, 2017. To view KALAGNY’s current By-Laws, click here.

*The Vice Presidential Candidate with the most votes will be designated as Executive Vice President.
^Assist President with website, email, social media and all outbound communications.
°The Governor Candidate with the 7th most votes will be designated for the one (1) year term.

ELIGIBILITY REQUIREMENTS TO SERVE AS A BOARD MEMBER

Only those members in good standing who have been admitted to practice law in any jurisdiction are qualified to run for an elected position. A member in “good standing” is defined as those members (a) whose membership has not been suspended or revoked as of the Election Date, and (b) who have paid in full their membership dues as of the Record Date.

NOMINATION OF CANDIDATES

The KALAGNY Nominations Committee is now accepting applications for the available positions listed above. If you are interested in seeking one of the available positions listed above, please submit your Statement of Interest along with your resume to [email protected] no later than January 30, 2017, 11:59 PM.  Please add the word “Election” to the subject line of your e-mail.  Late submissions will not be considered. Please be sure to identify the available position you are seeking.

The Nominations Committee will consider all applications and will provide a recommended slate of candidates for each of the available positions listed above.

RELEVANT DATES

Record Date – January 13, 2017. You must be a paid member by the Record Date to be eligible to seek election and to vote in the election.

Submission Date – January 30, 2017. Your Statement of Interest along with your resume must be submitted to [email protected] no later than January 30, 2017, 11:59pm.  Please add the word “Election” to the subject line of your e-mail.

Distribution Date – February 20, 2017. Information regarding the slate of Officers and Governors selected by the Nominations Committee will be circulated by the Distribution Date. The slate will be posted on the KALAGNY website.

Ballot Date – March 20, 2017.  Ballot form will be made available on the KALAGNY website. Members wishing to vote will have to hand in their ballots in person by no later than 8:00 PM on the Election Date. You may not cast your vote by proxy.

Election Date & General Membership Meeting – April 6, 2017.  KALAGNY Elections and annual membership meeting will take place on the evening of April 6, 2017. Venue will be announced. All are welcome to this event but only eligible members may vote.

Light dinner and refreshments will be served. Click here to RSVP.

If you have any questions, please contact us at [email protected].

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Asian Americans say Obama had impact on them – USA – Chinadaily.com.cn

Asian Americans say Obama had impact on them
– USA – Chinadaily.com.cn

Read Paul Welitzkin’s article in the China Daily US, in which he touches upon the different ways that the Obama administration affected Asian Americans. Welitzkin draws from various perspectives, including that of Executive Director Yang Chen:

“President Obama also issued an executive order on diversity and inclusion within the federal government as related to the federal workforce and it had a big impact on Asian Americans who work for the federal government,” said Yang Chen, executive director of the Asian American Bar Association in New York.

However, Chen said there were also some negative developments during the Obama years “such as the failed prosecutions of two Chinese-American scientists, one a professor and the other a federal employee, which illustrated how the fear of China affected Chinese Americans.”

To read the full article, click on the link in the title.

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NAPABA Statement on Today’s Supreme Court Arguments in Key Cases Involving Trademarking of Racial Slurs and Racial and Religious Profiling

For Immediate Release
Jan. 18, 2017

For More Information, Contact:
Brett Schuster, Communications Manager
202-775-9555; [email protected]

WASHINGTON — Today, the United States Supreme Court will hear arguments on two cases — Lee v. Tam and Ziglar v. Abbasi — that will have a significant impact on racial and religious minorities.

In Lee v. Tam, the Court will consider whether Simon Shiao Tam’s application to trademark the name of his band, “The Slants,” was properly rejected by the U.S. Patent and Trademark Office.  In a decision by the Federal Circuit, the appellate court found Section 2(a) of the Lanham Act, which prohibited “disparaging” trademarks such as “The Slants,” to be unconstitutional under a facial challenge brought by Tam.

“Racial slurs should not be recognized as commercial speech through federally-protected trademarks,” said NAPABA President Cyndie M. Chang. “Freedom of speech does not require that the government allow racially derogatory terms to be trademarked so that a trademark owner can have exclusive rights to use and monetize such terms.”

NAPABA previously filed an amicus brief in Lee v. Tam when it was before the Federal Circuit and joined a brief — along with the Hispanic National Bar Association, the National Bar Association, the National Native American Bar Association, and the National LGBT Bar Association — to urge the Supreme Court to support the constitutionality of Section 2(a). NAPABA also joined an earlier-filed amicus brief in the related case, Blackhorse v. Pro-Football Inc., before the Fourth Circuit regarding the Redskins trademark.  

Ziglar v. Abbasi concerns the rights of individuals who were detained as terrorism suspects in the aftermath of Sept. 11, 2001, based solely on the basis of their race, religion, immigration status, or national origin and whether they have the rights to sue former high-level Bush administration officials who were involved in ordering the racial and religious profiling that led to their detention.

“The diverse group of amici in Ziglar v. Abassi highlights the importance of resolving the issue of the ability of individuals to seek specific redress from the government when their civil rights have been violated through racial or religious profiling,” Chang continued. “We expect the Court to carefully consider the amicus briefs and arguments made today in making their decision.“

NAPABA joined 27 national and local organizations, including bar associations (such as NAPABA affiliates Asian American Bar Association of Greater Chicago and Asian Pacific American Bar Association of Pennsylvania), religious organizations, and civil rights groups in filing an amicus brief in support of the plaintiffs in this case.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at 202-775-9555 or [email protected].

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American (APA) attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 75 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government. NAPABA engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org

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2017-18 ABA Presidential Committee Appointments

NAPABA Endorsements Deadline: Friday, Feb. 3, 2017

NAPABA needs your help and involvement to ensure that Asian Pacific Americans are represented in the ranks of the American Bar Association leadership. We encourage you to self-nominate for a Presidential Committee Appointment by the ABA deadline of Feb. 22, 2017.

In addition to your self-nomination, NAPABA will be recommending candidates for appointments to committees, commissions, and other ABA entities for the upcoming bar year. To be considered for a NAPABA endorsement, you must submit a request to NAPABA by 12 p.m. EST on Friday, Feb. 3, 2017.

We look forward to receiving your applications and value your participation in this process. For more information on submitting a NAPABA endorsement request, please click here.

National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org

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Fellowship Application

Fellowship Application

Applications are now open for the 2017 Civic Fellowship Program. Every year, ILF selects approximately 30 outstanding Asian American, Native Hawaiian, and Pacific Islander (AANHPI) college students to spend eight to ten weeks during the summer interning at a federal agency in Washington D.C. 

This fellowship program is an 8- to 10-week scholarship opportunity in Washington, D.C. Undergraduate students of APA heritage who are United States citizens and possess a GPA of 3.0 and above are eligible for this fellowship. To learn more or submit an application, click HERE. 

Deadline to apply is February 1, 2017.

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AABANY is Proud to Announce that We Are Participating in the Empire State Immigrant Defense Fund

What Is the Empire State Immigrant Defense Fund?

On January 9, Governor Cuomo presented the 12th Proposal of the 2017 State of the State Agenda to launch the “New York Promise” Agenda – a sweeping, unprecedented package of reforms to advance principles of social justice, affirm New York’s progressive values, and set a national standard for protections against all forms of discrimination. 

One of the objectives of the Agenda is the “We Are All Immigrants” Initiative which is being launched to expand opportunity and empower immigrants in New York. It features a comprehensive package of proposals, including the Empire State Immigrant Defense Fund. Governor Cuomo will launch this first-in-the-nation, state-led, public-private legal defense project to ensure that all New Yorkers have access to representation and due process, regardless of their citizenship status. This initiative will be administered by the State’s Office for New Americans in partnership with advocacy organizations, major colleges and universities, law firms, and legal associations around the state.

For more information, click HERE. 

How Can AABANY Members Participate?

AABANY members and supporters are highly encouraged to reach out to our Immigration and Nationality Law Committee to let the Committee Co-Chairs Amanda Bernardo, Poonam Gupta and Susan Akina know about your interest in getting involved. Thanks in advance for your willingness to help our immigrant communities in New York.

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AABANY Diversity & Inclusion CLE Requirement Support Letter to Hon. Betty Weinberg Ellerin

AABANY Diversity & Inclusion CLE Requirement Support Letter to Hon. Betty Weinberg Ellerin

January 12, 2017

Dear President Gutekunst:

On September 14, 2016, the Asian American Bar Association of New York (AABANY) submitted the attached letter [see link in title] to the Hon. Betty Weinberg Ellerin to express its support of a separate diversity, inclusion and anti-bias continuing legal education (“D&I CLE”) requirement. This letter is attached hereto for your reference. For the reasons stated below, AABANY remains steadfast in its support of this requirement and urges the swift adoption and implementation of the D&I CLE requirement.

Hong Yen Chang was the first Chinese American admitted to the bar in New York in 1888. Six years earlier, the United States Congress passed the Chinese Exclusion Act, making all Chinese ineligible for United States citizenship, in a public climate laden with racism and xenophobia. New York State required that applicants for bar admission to be citizens. Mr. Chang was admitted only after a special legislative exception was made by the New York state legislature. Two years later, he moved to California and applied to be admitted to the bar there – but he was denied due to the Chinese Exclusion Act.

For six decades after, Hong Yen Chang’s admission to the New York State bar was a singular occurrence, as Congress and state legislatures continued passing laws designed to prevent persons of Asian ancestry from attaining citizenship and receiving the benefits enjoyed by citizens, such as the right to own land. The Chinese Exclusion Act was not repealed until 1942. To this day, Chinese Americans remain the only group singled out for exclusion based on race through Congressional action.

The antipathy displayed against Chinese Americans affected other Asian Americans, including Japanese Americans, who were held in internment camps during World War II in disregard of their rights as American citizens. Families and lives were destroyed as a result, affecting countless Japanese Americans, many of whom were born in the United States and had lived and worked here for several generations. This unjust and devastating action was upheld in cases such as Korematsu v. United States, decided in 1944 by the United States Supreme Court. This case has never been overturned.

All racially-based barriers to citizenship were not lifted until 1952. Barriers to immigration from Asian countries were not lifted for another thirteen years, in 1965. The children of the post-1965 immigrants have been entering the profession in larger numbers in the last 25 years or so, finally starting to be hired by firms that a generation before had refused to hire Asian Americans because of racism and bias. This current generation of lawyers faces seemingly intractable barriers to advancement in the profession, as numerous statistics show year after year, despite what the Model Minority Myth might misleadingly cause the general public to believe.

The foregoing state of affairs highlights the prevailing reality that although the very first Asian American lawyer in New York State was admitted 129 years ago, the legacy of exclusion, discrimination and bias continues to preserve a Bamboo Ceiling in 21st century America. 

AABANY believes that for the legal profession and the larger community to make meaningful progress on issues of race, discrimination, social justice, civil rights and human rights, education is critical, now more than ever. As noted in our first letter, law is among the least diverse professions in today’s America. For a profession that represents long-honored ideals of equality, fairness and justice, the continuing legal education of New York attorneys must embrace and uphold diversity, inclusion and anti-bias as essential values of the highest priority.

AABANY maintains that New York should forthwith adopt and implement a D&I CLE requirement and urges the New York State Bar Association House of Delegates to vote in support thereof.

Respectfully submitted,

Susan Shin
President, AABANY

This letter was originally submitted on January 12, 2017 to President Claire Gutekunst of the New York State Bar Association. Click here to see the letter in its original form. For the original support letter to Hon. Ellerin, see the link in the title above.