The Yale Law Journal

Mari J. Matsuda

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This Is (Not) Who We Are: Korematsu, Constitutional Interpretation, and National Identity

Mari J. Matsuda

Asserting the continued usefulness of legal claims, this Essay asks a critical question: what would it really take to overturn Korematsu and end structures of subordination? It argues that a true overruling of Korematsu requires a generative interpretation of our Constitution to uphold the inherent …