Cindy K. Smith


This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct and indirect compensation most effectively meets those goals.