Yale Law Journal: ‘Masquerading Behind a Facade of National Security’

In a Yale Law Journal article, Prof. Eric K. Yamamoto and law student Rachel Oyama address a pressing question for a constitutional democracy both concerned about national security and committed to the rule of law: what will happen when those detained, harassed, or discriminated against in the name of national security turn to the courts for legal protection?

The essay refracts this question through the lens of Korematsu and its 1984 coram nobis reopening, examining how courts will—and should—respond to the dual needs to promote national security and protect fundamental democratic liberties. (read more)