Ages ago, at my first-year law school orientation, my classmates were told "If you only know the law, then you do not know the law at all." I took the words to heart as I made my way through law school, through law practice and, now, into law teaching. The Cosmopolitan Lawyer lists readings, many non-law, which are influencing my thinking about law. It is my effort to be, and to encourage others to be, more cosmopolitan--and, thus, less parochial--in thinking about law.
November 24, 2011
"PROTECTIVE CUSTODY"
Samuel Hynes, Anne Matthews, Nancy Caldwell Sorel, & Roger J. Spiller, Reporting World War II: Part Two: American Journalism 1944-1946 (New York: Library of America, 1995) (From: The Editors of Fortune, "Issei, Nisei, Kibei": "The longer the Army permits California and the rest of the Pacific Coast to be closed to everyone of Japanese descent the more time is given to the Hearst papers and their allies to convince Californians that they will indeed yield to lawlessness if the unwanted minority is permitted to return. By continuing to keep American citizens in 'protective custody,' the U.S. is holding to a policy as ominous as it is new. The American custom in the past has been to lock up the citizen who commits violence, not the victim of his threats and blows. The doctrine of 'protective custody' could prove altogether too convenient a weapon in many situations. In California, a state with a long history of race hatred and vigilanteism, antagonism is already building against the Negroes who have come in for war jobs. What is to prevent their removal to jails, to 'protect them' from riots? Or Negroes in Detroit, Jews in Boston, Mexicans in Texas? The possibilities of 'protective custody' are endless, as the Nazis have amply proved." Id. at 47, 69-70.).