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"Concededly Loyal": Mitsuye Endo and the Continuing Significance of Ex parte Endo

Abstract

Ex parte Endo involves issues ranging from the constitutionality of detaining citizens during wartime, judicial avoidance in cases alleging fundamental rights violations, the selectively porous barrier between the judicial and executive branches, the evaluation of a citizen’s loyalty, and the implication of disloyalty due to one’s ancestry—in short, questions of enduring social and legal import that demand further and engaged study with the case and the woman who made it possible. This Article argues that Ex parte Endo and the petitioner at its center merit greater attention and recognition in both legal and cultural discourse.

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