Tag: NAPABA

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NAPABA Supports Introduction of the Korematsu-Takai Civil Liberties Protection Act by Senators Duckworth and Hirono

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For Immediate Release
Dec. 19, 2017

WASHINGTON — Yesterday, on the anniversary of the United States Supreme Court’s decision in the landmark case, Korematsu v. United States (1944), Senators Tammy Duckworth (D-Ill.) and Mazie Hirono (D-Hawaii) and Representative Mark Takano (D-Calif.) introduced the Korematsu-Takai Civil Liberties Protection Act of 2017. The legislation would make it clear that the discriminatory detentions endorsed in Korematsu are prohibited.

“The specter of the Korematsu decision haunts us to this day,” said National Asian Pacific American Bar Association (NAPABA) President Pankit J. Doshi. “With this bill, Congress has the chance to repudiate the Supreme Court’s ruling and prevent the country from repeating a dark chapter of our nation’s history. We thank Senators Duckworth and Hirono, and Representative Takano, for their leadership in trying to overturn this widely condemned decision. As leaders in the legal profession and in recognition of our history as Asian Pacific Americans, NAPABA fully supports the introduction and passage of this legislation.”

“We, as a nation, must never forget or repeat the horrors thousands of Japanese Americans experienced as prisoners within our own borders. We must also continue to do everything we can to ensure such a national travesty never happens again. I’m proud to introduce this bill with Senator Hirono in remembrance of my dear friend and former colleague Mark Takai to reinstate our commitment to protecting civil liberties and strengthen our resolve to ensure we never again repeat such shameful acts,”said Senator Duckworth.

“The internment of Japanese Americans was deeply wrong and set a precedent — that it should never happen again. However, the President and his administration continue to advance divisive policies and rhetoric that demonize the Muslim community and other minority communities. By repudiating this legal precedent that could allow a travesty like the internment to happen again, we are standing up for the civil rights of all communities, a worthy cause that I’m sure our friend Mark Takai would have joined us on,”said Senator Hirono.

“This legislation is an important acknowledgement of the injustice suffered by my grandparents, parents, and more than 115,000 others who were relocated and imprisoned based on nothing more than their heritage,” said Representative Mark Takano. “This stain on our history must serve as a warning of what happens when we allow fear and hate to overwhelm our basic respect for one another. I am proud to introduce this legislation in the House, and I could not think of a more appropriate way to honor the memory of Congressman Mark Takai, who was a good friend, a great public servant, and an even better person.”

Read the Korematsu-Takai Civil Liberties Protection Act of 2017.

The bill, named in honor of Fred Korematsu and Rep. Mark Takai, would amend the Non-Detention Act of 1971 to bar detentions or imprisonment based on protected characteristics, including race or religion. The Non-Detention Act sought to repeal the Emergency Detention Act of 1950, a law that continued the legacy of Executive Order 9066, which led to the incarceration of 120,000 individuals on the basis of their Japanese ancestry under the guise of “military necessity” and national security. The Supreme Court found the orders constitutional following challenges by Fred Korematsu, Gordon Hirabayashi, and Minoru Yasui.

NAPABA worked with the offices of Sens. Duckworth, Hirono, and Rep. Takano, the Korematsu family and coram nobis legal teams, and civil rights groups to draft the bill that honors the legacy of Fred Korematsu, recognizes the history of Japanese American incarceration, and seeks to overturn the impact of the Supreme Court’s holding in Korematsu v. United States.

NAPABA is proud to join leading groups in the Asian Pacific American community — the Korematsu Institute, Stop Repeating History, the Asian Pacific American Institute for Congressional Studies, the Japanese American Citizens League, and Asian Americans Advancing Justice – AAJC — as original endorsers of the bill.

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

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American 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 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter(@NAPABA).

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Interpreting Justice: Progress and Challenges on Language Access, An Asian Pacific American Perspective 2017

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For Immediate Release

Dec. 14, 2017

Download a copy of “Interpreting Injustice.”

WASHINGTON — At a briefing on Capitol Hill, the National Asian Pacific American Bar Association (NAPABA) released “Interpreting Justice: Progress and Challenges in Language Access,” a report on language access for Asian Pacific Americans with limited English proficiency (LEP).

“Interpreting Justice” provides recommendations on policies, strategies, and best practices for legal, government, and community stakeholders to further diminish barriers to language access services for Asian Pacific Americans. “Interpreting Justice” finds that while overall progress has been made in the past 10 years, LEP individuals continue to struggle with limitations on languages interpreted, costs of interpretation, inconsistent interpreter quality, insufficient language assistance inside and outside of the courtroom, and a lack of translated written materials.

“This important report demonstrates the progress federal and state courts and agencies have made in the past decade, but underscores the continued need to improve language access services for the Asian Pacific American communities all over the country,” said NAPABA President Pankit J. Doshi. “NAPABA’s language access report, ‘Interpreting Justice,’ provides an updated picture on how the federal and state courts and agencies accommodate for the fastest growing population in the United States, Asian Pacific Americans.”

The diverse array of languages and dialects, particularly among Asian and Pacific Islander Americans, presents great challenges to ensure quality interpretation in both federal and state courts.“Interpreting Justice” recommends improving rules and standards for the use of interpreters, creating and providing translations of vital documents, and prioritizing appropriate training and compensation to maintain a pool of highly qualified interpreters.

Access for people with limited English proficiency in state courts progressed in the last decade, but access still varies greatly by state.  More state courts and agencies have adopted language access plans or require certified interpreters, but states remain inconsistent with compliance with language access requirements. Much of the progress state and local agencies achieved for LEP individuals was the result of collaboration with advocates and community stakeholders.

NAPABA’s report also recognizes funding for language access as one of the largest barriers for LEP individuals and programs designed for LEP individuals. Federal budget cuts and the lack of awareness of language services for the LEP community creates a required increased emphasis on pursuing other forms or channels of funding, often stretching organizational capacity. NAPABA’s report recommends a number of feasible measures to counteract the underfunding.

“Interpreting Justice” builds on the work NAPABA started in 2007 with its groundbreaking report, “The State of Language Access for Asian Pacific Americans,” a culmination of NAPABA’s longstanding commitment to advance equal access to justice for Asian Pacific Americans with limited English proficiency (LEP) and widely used in creating new national standards on language access in the courts.

To access the full report, click here.

The report is a project of the NAPABA Research Institute led by the NAPABA Pro Bono and Community Service Committee. The report was released during a Congressional briefing in collaboration with the Congressional Asian Pacific American Caucus, featuring remarks delivered by Congresswoman Grace Meng (N.Y.–6), held in conjunction with the NAPABA Convention in Washington, D.C.

For more information, the media may contact Brett Schuster, NAPABA communications manager, 202-775-9555, [email protected]. Questions about the 2017 report may be sent to Oriene Shin at 202-775-9555, or at [email protected].

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American 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 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter(@NAPABA).

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NAPABA Celebrates Confirmation of James Ho to U.S. Court of Appeals for the Fifth Circuit

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For Immediate Release

Dec. 14, 2017

WASHINGTON — Today, the United States Senate voted to confirm James C. Ho as a judge on the U.S. Court of Appeals for the Fifth Circuit. Ho is the first Asian Pacific American to serve on the Fifth Circuit and the sixth active Asian Pacific American federal appellate judge.

“James Ho is nationally recognized for his legal acumen and we congratulate him on his historic confirmation,” said Pankit J. Doshi, president of the National Asian Pacific American Bar Association (NAPABA). “Widely respected throughout NAPABA for his leadership and mentorship, we congratulate him on his confirmation. It is fitting that he continues to break barriers on behalf of the community as the first Asian Pacific American to serve on the U.S. Court of Appeals for the Fifth Circuit.”

Ho is the co-chair of the Appellate and Constitutional Law practice group at the law firm of Gibson Dunn & Crutcher. He has presented over 45 oral arguments in federal and state courts nationwide, including 16 arguments before the Fifth Circuit. He has argued and won cases before both the U.S. Supreme Court and the entire Fifth Circuit en banc.

Throughout Ho’s career, he has had extensive experience in all three branches of government: as former chief counsel for Senator John Cornyn, as an appointee at the U.S. Department of Justice, and as a law clerk for Justice Clarence Thomas of the U.S. Supreme Court and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Most recently, he was the first Asian Pacific American ever appointed to serve as the solicitor general of Texas, the state’s chief appellate and Supreme Court litigator.

Ho is an active member of the Asian Pacific American community. He is co-chair of the NAPABA Judiciary & Executive Nominations & Appointments Committee, and he has written and spoken on numerous occasions about the role of Asian Pacific Americans in the law.

Ho has been recognized for his leadership and honored by organizations throughout the Asian Pacific American community, both nationally and in Texas, including the President’s Award from NAPABA, the Award for Outstanding Contributions to Asian Pacific American Leadership from the Conference on Asian Pacific American Leadership, the Justice David Wellington Chew Award from the Asian Pacific Interest Section of the State Bar of Texas, the Community Leader Award from the Dallas Asian American Bar Association, the Award for Outstanding Contributions in Law from the Greater Dallas Asian American Chamber of Commerce, and the Outstanding Achievement Award from the SMU Asian Pacific American Law Students Association.

NAPABA is proud to have supported James Ho during his nomination process. We thank President Trump for nominating him and Senators Cornyn and Ted Cruz of Texas for recommending him to the White House.

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

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American 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 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter(@NAPABA).

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NAPABA and APALA-NJ Congratulate Gurbir S. Grewal on nomination to serve as Attorney General of New Jersey

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For Immediate Release

Dec. 12, 2017

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and the Asian Pacific America Lawyers Association of New Jersey (APALA-NJ) congratulate Gurbir S. Grewal on his nomination by New Jersey Governor-Elect Phil Murphy to serve as the attorney general of New Jersey. When confirmed, Grewal will be the first Asian Pacific American to serve as the attorney general of New Jersey and the first Sikh American to serve as a state’s attorney general in the nation.

“We congratulate Gurbir Grewal on his historic nomination to serve as attorney general of New Jersey,” said Pankit J. Doshi, president of NAPABA. “An accomplished lawyer and public servant, Mr. Grewal has demonstrated his commitment to the community and the skills needed to lead the state’s law enforcement agency. Following the recent xenophobic incidents in New Jersey, his appointment is a reminder that diversity is something we all value. As a member of the Asian Pacific American Lawyers Association of New Jersey, he serves as a role model to attorneys and law students around the nation.”

“This is truly a historic moment,” said Jack Chan, president-elect of APALA-NJ. “APALA-NJ congratulates Prosecutor Grewal on this well-deserved accomplishment, and we applaud Governor-Elect Murphy for making the nomination.”

Grewal currently serves as the Bergen County prosecutor, a position to which he was appointed by Gov. Chris Christie in 2016. From 2010 to 2016, he served as an assistant U.S. attorney in the U.S. Attorney’s Office for the District of New Jersey, including two years as the chief of the Economic Crimes Unit. Previously, he was an assistant U.S. attorney in the Eastern District of New York and in private practice at Howrey LLP.

Grewal is a member of APALA-NJ and a 2017 recipient of the APALA-NJ Trailblazer Award for his leadership in the legal community. Grewal graduated cum laude with a Bachelor of Science in Foreign Service from the Georgetown University School of Foreign Service in 1995. He obtained his law degree from the College of William & Mary, Marshall-Wythe School of Law in 1999.

For more information, the media may contact Brett Schuster, NAPABA communications manager, 202-775-9555, [email protected]; or Arupa Barua, APALA-NJ vice president of communications, at[email protected].

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter(@NAPABA).

The Asian Pacific American Lawyers Association of New Jersey (APALA-NJ) founded in 1985 and incorporated in 1993, is the largest specialty bar association that collectively represents the interests of Asian and Pacific American lawyers in the State of New Jersey. APALA-NJ educates its members and the community about issues of critical concern to Asian Americans, and it supports the entrance and advancement of Asian Americans into and within the legal profession.

To learn more about APALA-NJ, visit www.apalanj.org.

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NAPABA Inspirational Video Series | Judge Denny Chin

How did the son of a garment factory seamstress and Chinese restaurant cook come to sit in chambers once occupied by Justice Thurgood Marshall?

The December edition of the NAPABA Inspirational Video Series showcases Judge Denny Chin and his path to the United States Court of Appeals for the Second Circuit. Judge Chin leads you on a journey from his immigration to the U.S. from Hong Kong at the age of two to his first law school internship with the Southern District of New York where he realized—almost immediately—that he wanted to become a judge.

Be sure to discuss and share Judge Chin’s story on Twitter, Facebook, and Instagram using the hashtag, #NAPABAInspirationalSeries.

About Judge Chin
Judge Denny Chin is a United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit. He was sworn in on April 26, 2010. He had previously served, from Sept. 13, 1994, through April 23, 2010, as a U.S. District Judge for the Southern District of New York.

In the District Court, Judge Chin presided over a number of important matters, including cases involving Megan’s Law, the Million Youth March, Al Franken’s use of the phrase “Fair and Balanced” in the title of a book, the Naked Cowboy, and the Google Books project. He also presided over two criminal trials arising out of the United Nations Oil for Food Program, as well as the trial of an Afghan warlord charged with conspiring to import heroin, and the guilty plea and sentencing of financier Bernard L. Madoff.

In the Circuit Court, Judge Chin has authored opinions or dissents in cases involving the enforceability of arbitration clauses in on-line agreements, the General Motors bankruptcy, environmental regulations governing the discharge of ballast water from ships, the constitutionality of the government’s seizure and retention of computer hard drives, barriers to access for voters with disabilities, and the streaming of copyrighted television broadcasts over the Internet.

(Source: https://www.youtube.com/)
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NAPABA Files Amicus Briefs in the Fourth and Ninth Circuits Challenging the President’s Revised Muslim and Refugee Ban

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For Immediate Release

Dec. 1, 2017

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) filed amicus briefs in both the U.S. Court of Appeals for the Ninth Circuit and in the U.S. Court of Appeals for the Fourth Circuit to support the preliminary injunction of President Trump’s September 24, 2017, revised executive order barring refugees and individuals from six Muslim-majority countries and North Korea, along with government officials from Venezuela, from entering the United States.

The Trump Administration’s appeals in these cases, State of Hawaii v. Trump and International Refugee Assistance Project v. Trump, arise from the legal challenges to the third revised executive order, which was announced in September 2017 and set to take effect October 18, 2017. On October 17, Judge Derrick K. Watson of the U.S. District Court for the District of Hawaii granted the temporary restraining order. NAPABA filed an amicus brief in this case on November 22. The U.S. district court in Maryland also enjoined the visa ban on October 17, 2017, and the Administration’s appeal in that case is pending in the Fourth Circuit, where NAPABA filed an amicus brief on November 17, 2017.

“This third order continues the discriminatory and unlawful exclusion promoted by its predecessors,” said NAPABA President Pankit J. Doshi. “As a bar association committed to promoting diversity and inclusion, we are proud to continue to speak out in these cases. As an Asian Pacific American community, we have experienced the harms of exclusionary laws and we will continue to oppose this anti-Muslim and anti-immigrant order.”

NAPABA’s amicus briefs describe decades of statutory exclusion of citizens of Asian and Pacific Island countries under early U.S. immigration law, including the Chinese Exclusion Act of 1882 — the first federal law to ban a group of people on the basis of their race. The Civil Rights Era marked a dramatic turning point that saw Congress dismantle nationality-based discrimination with the Immigration and Nationality Act of 1965. The brief explains that presidential discretion in the area of immigration and refugee admission, while broad, is limited by statute. NAPABA argues that President Trump’s revised order, with its anti-Muslim underpinnings, violates the unambiguous prohibition on discrimination established by Congress.

NAPABA opposed earlier iterations of the executive order, including submitting amicus briefs at the District, Circuit, and Supreme Court level.

NAPABA recognizes lead pro bono counsel, James W. Kim, a NAPABA member and partner at McDermott Will & Emery LLP, in Washington, D.C., Mr. Kim’s team (including Andrew Genz, Joshua Rogaczewski, Philip Levine, Matthew Girgenti, and Llewelyn Engel), NAPABA Amicus Committee co-chairs, Professor Radha Pathak of Whittier Law School and Albert Giang, a partner at Boies Schiller Flexner LLP in Los Angeles, and NAPABA Civil Rights Committee co-chair Meredith Higashi for their leadership drafting the brief, which also involved the efforts of NAPABA staff.

The Ninth Circuit will hear the case on December 6, 2017, in Seattle, WA. The Fourth Circuit will hear the case on December 8, 2017 in Richmond, VA.

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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

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The NAPABA Inspirational Video Series continues in November with an interview featuring Brian Sun, partner-in-charge of Jones Day’s Los Angeles office and a founding member of NAPABA.

Learn how a first-generation Chinese American got his start thanks to a unique job on his resume and about the reason he decided to pursue a career in law. You’ll also hear what motivates Brian daily and the impact the murder of Vincent Chin had on him. 

About Brian
Brian Sun has earned a national reputation as a distinguished trial lawyer in complex business litigation and white collar criminal defense. He is a fellow of the American College of Trial Lawyers and has been named by Lawdragon Magazine as one of America’s 500 leading lawyers. Brian is recognized as a Band 1 lawyer by Chambers and listed among the most highly regarded lawyers in the U.S. by Who’s Who Legal in the area of business crime defense.

(Source: http://www.napaba.org/)
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