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3-4-08 Notes - "Law as Crucible and Arena Key...

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“Law as Crucible and Arena” Key Concepts “Infusable” accusation canard Rights consciousness Constitutional learning curve Key Learning Point Lin Sing vs. Washburn 1862 California State Supreme Court Key Breakthrough Reconstruction 13 th , 14 th , 15 th Amendments “infusable” accusation 1869, 1884, then restated in the 1960s o Political; Chinese cared nothing about laws o Chinese weren’t considered in political, public activities o In 1960s, Chinese were to be blamed for the Chinese Exclusion Laws because they didn’t participate in political life (when Chinese couldn’t even become US citizens) “backward and political inept” “provincial” o In 1980s, group of historians questioned the relationship between Chinese in the 19 th century and the legal culture “infusable” accusation is a canard- false statement Chinese in the 19 th century showed keen sensitivity in the active and pro-active outlook; they advocated for their rights in state and federal courts o Developed a rights consciousness
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