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117 W. Va. L. Rev. 1409 (2014-2015)
Coping with a New Yellow Peril: Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War II

handle is hein.journals/wvb117 and id is 1425 raw text is: COPING WITH A NEW YELLOW PERIL: JAPANESE IMMIGRATION, THE GENTLEMEN'S AGREEMENT, AND THE COMING OF WORLD WAR II Paul Finkelman* I. IN TRO DU CTION .................................................................................... 1409 II. EARLY OPPOSITION TO IMMIGRATION IN A CONTINENT OF IM M IG RA N TS ..................................................................................... 14 12 III. HOSTILITY TO IMMIGRATION FROM THE REVOLUTION TO THE CIVIL W A R .................................................................................................... 14 15 IV. HOSTILITY TO EUROPEAN IMMIGRANTS, 1880-1924 ......................... 1420 V. EAST A SIAN IMMIGRATION ................................................................. 1421 VI. THE NEW YELLOW PERIL: JAPANESE IMMIGRATION .......................... 1426 VII. THE RISE OF ANTI-JAPANESE SENTIMENT, SCHOOL SEGREGATION IN SAN FRANCISCO, AND PRESIDENT ROOSEVELT .............................. 1432 VIII. TOWARD RESTRICTION AND EXCLUSION ............................................ 1444 IX. THE DIPLOMATIC IMPACT OF THE BAN ON JAPANESE IMMIGRATION 1446 X. THE ULTIMATE COSTS OF ANTI-JAPANESE POLICY ............................ 1451 I. INTRODUCTION Immigration, both legal and illegal, has been a divisive political issue in the United States for the last two decades.' This is hardly a new * Senior Fellow, Penn Program on Democracy, Citizenship, and Constitutionalism, University of Pennsylvania and Scholar-in-Residence, National Constitution Center, Philadelphia, Pennsylvania. I wrote portions of this Article while I was a visiting scholar at the Graduate School of Law and Politics at Osaka University in 2012. I thank Gabriel J. Chin, Roger Daniels, William Rhee, and Rogers Smith for their comments and help; my former research assistant Lauren L. Hunt; and the brilliant librarians at Albany Law School: Bob Emery, Leslie Cunningham, Rebecca Murphy, and Colleen Ostiguy. I presented portions of this paper at the 2015 MAPOC Conference and thank the participants at that conference for their comments. I presented a draft of this Article at a workshop at the Race and Justice in America symposium sponsored by The Mudd Center for Ethics at Washington and Lee University, and I thank Margaret Hu, Robin Fretwell Wilson, Alfred Brophy, Joshua Sellers, Dianne Pinderhughes, and Justin Weinstein-Tull for their comments and suggestions. Portions of this Article appeared as Race, Federalism, and Diplomacy: The Gentlemen's Agreement a Century Later, 56 OSAKA U. L. REv. 1 (2009) (Japan). 1409

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