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Cultural Zoning as Reparations: Providing Power to Asian American Communities

Abstract

This Article combines three different concepts that have previously been researched into something novel. It starts by exploring how Asian Americans can justifiably claim reparations for over a century of xenophobia and exclusion committed by the American government and society. The Article then considers what form reparations should take, considering cultural zoningand its usage by Asian Americans in cities like San Francisco and New York.Then, it considers the value of minorities being granted power rather thanrelying only on the assertion of legal rights, incorporating Professor MaggieBlackhawk’s writing about Indigenous communities. Crucially, ProfessorBlackhawk notes that even the most championed civil rights have considerablelimitations when it comes to providing minority communities the abilityto protect themselves from political and social harm.

Synthesizing these three distinct ideas, the Article then outlines a mechanism to achieve reparations for Asian American communities by granting these communities the power to create cultural zones. Such a mechanism would allow these communities to protect their unique interests and to wield a limited degree of sovereignty over spaces and institutions that have become important to them. After identifying some concerns with this policy proposal, this Article will consider how a cultural zoning power would have been helpful in the recent struggles over development in the Two Bridges neighborhood of New York City.

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