Korematsu v. United States is easily one of the worst Supreme Court decisions of all time, and one that people are often unaware of until they get to the strict scrutiny aspect of their Constitutional Law class. In fact, I distinctly remember getting to the World War II portion of history in APUSH back in high school, seeing a brief mention of this case, asking about it in class, only to be brushed off because it “wasn’t important.”
Yesterday was January 30th, 2022: Fred Korematsu Day of Civil Liberties and the Constitution, a day that is mostly only observed in California. On the anniversary of Korematsu, I’d like to draw attention to the article my APALSA mentor, Rosa Kim, wrote up a year ago–and also to weigh in with my own thoughts on the matter.
Korematsu is, undoubtedly, an ugly portion of US History that is often swept under the rug. Fred Korematsu was only 23 when he was ordered by the US Government to evacuate his residence and move into one of the Japanese internment camps prepared in the wake of Pearl Harbor, designed to herd the Japanese American population into controlled areas to supervise them. Anyone “at least 1/16th Japanese” were evacuated. Korematsu was the age many of us students are today when he changed his name and had plastic surgery done to try to avoid this mandate. As a US citizen, he did not understand why he was being herded off to camps as a prisoner merely for the way he looked. He chose to stay at home rather than relocate and was eventually arrested for his violation of the order. Korematsu then courageously appealed his case until it reached the Supreme Court, maintaining that the evacuation order was a violation of his 5th Amendment right.
The following post was written by 1L, Logan Hagerty. Logan is an avid member of the BC Environmental Law Society (ELS) and serves as a 1L Representative. ELS is the umbrella organization for the BC Land & Environmental Law program. We lead research, service, professional training, social events, and more. As President of ELS, it has been a pleasure working with the new students like Logan who share my commitment to environmental law. -Fiona Maguire
I read dozens of faculty bios and course listings when applying to law school. I keyword-searched more variations of “environmental law” than I thought was possible: “Land,” “energy,” “property,” “environmental justice,” and “natural resources,” just to name a few. You guessed it – I came to law school with an interest in environmental law.
Professor Plater’s bio (and bow tie!) stood out on the BC Law website. I’d struck a gold mine. I explored the BC site some more, finding pictures from the Environmental Law Society (ELS) Barbeque and Winter Weekend events. I was hooked! (I also attended both of these events). Now I view the environmental law program as more than a “gold mine.” The program is an old-growth forest; it offers rich, deep-rooted connections, support, and development.
Today was the first day of my last semester of school, ever.* (*Unless I decide I want another degree down the line, but for now, after seven straight years of undergrad and grad school, I’m definitely done for the near future.) As I saw all of the “happy last first day of school” messages this morning, I couldn’t help but feel a sense of restlessness. I’m externing this semester and was working full-time for the day. I realized my anxiety was building up over being in this new externship placement. Here, I’m working in an area of law that I have no experience in, so before I began this morning, I felt incredibly nervous about this new position: What if I’m in a meeting and get asked a question I have no idea how to answer? What if I’m supposed to know about some substantive area of the law that I actually am clueless about? Until I eventually calmed down, I even started wondering how and why I landed the position in the first place. Who, me? How? Why?
This feeling of doubt and lack of confidence isn’t foreign to me. I felt similarly on my very first day of law school, my first case during my clinic experience, and throughout my 2L summer as a summer associate at a law firm. These feelings of self-doubt and uncertainty are a form of imposter syndrome, which is something I continue to struggle with as a final semester 3L. Imposter syndrome can come in various forms for various people. One HBR article defines it as “doubting your abilities and feeling like a fraud.”
Writing an Impact post at the beginning of the semester is never easy. How to recapture the excitement for school after a month’s vacation and a return to campus in the middle of a Boston winter? 1L’s gearing up for round 2, 2L’s grinding away, and 3L’s wondering why we are still on campus. In addition, with the latest Covid surge, another round of “when will this all be over” doesn’t exactly help the cause.
But in this case the answer of what to write about seemed clear to me: my experiences in the Innocence Clinic working for my client. While I am not able to disclose many of the details about his case, I can say that my client had a clean record both before and after the arson he was wrongfully convicted of, and that our clinic recently filed a motion for new trial looking to overturn his conviction using newly discovered evidence that demonstrates his innocence nearly twenty years later.
As we enter a spring semester that is all too familiar with Spring 2021, I encourage everyone to step back and strategize on how to make the most of our short time at BC Law. Around this time last year, I wrote a blog post outlining three strategies for excelling academically and professionally. Additionally, I (unsuccessfully) called on everyone to share their keys to success. I’m reposting that blog, along with other similar blogs, to help first year students navigate the waters after experiencing their first semester. It’s critical for 1Ls, and really all students, to approach the spring semester with a game plan. As always, please fill the comments with your ideas and advice…
School is always a bit of a bubble: something that quickly becomes your entire world and focus. This dynamic is especially true at law school, where balancing the intense schedule of classes, assignments, and reading is frequently compared to attempting to “drink from a fire hose.” Even having been out of school for six years, it was still amazing how quickly I found myself being sucked back into the bubble of campus and studying.
Staying focused on the bigger picture is something I struggled with during my first semester of 1L. While I enjoy the study of law as an academic exercise, I’m not really someone who luxuriates in the minutiae of case law. My decision to come to law school was not driven by the joy of wrestling with esoteric doctrine, reading 150-year-old cases, or basking in Latin maxims; rather, it was the realization that law was often the only route to change. For me, the intellectual challenge of studying law has always been secondary to learning how to use the law as a functional tool to support the causes and communities I care about.
It’s hard to believe that just four months ago, we were nervously waiting in line to pick up our name cards in the Law Library. In a way, that first day of school in August was a lot like the first day of kindergarten, in that we were completely alone in a room full of strangers with nothing but a homemade sandwich in our lunchboxes and a nametag on our chests.
I was told by many upperclassmen that the first semester of 1L year would probably be the most difficult in terms of the steep learning curve–and they were right. I’ve mentioned this in a previous post; what makes 1L such a difficult time for many students is not only the new way of learning material, but also the uncertainty of a new city, new environment, with new people you have never met before. September was the worst period of adjustment for many people, including me. I had nights where I doubted whether or not law school was truly for me. Could I really see myself reading convoluted legal jargon for the rest of my life? Was this really what I wanted to do?
Thankfully, because it was such a prevalent sentiment, I was able to bond with like-minded people who ended up becoming some of my closest friends, and we constantly pushed and supported each other whenever things became difficult.