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She examines the difficulties surrounding the use of the cultural defense(CD) in US law. She is not completely opposed to the use of the CD, but only under certain, individual categories. She illustrates the design of US law as subjective, not neutral, privileging certain individuals, while marginalizing, subordinating or completely ignoring individuals to the point of being invisible. US law in influenced by race, gender and class.
The topic of the essay point out the racialized and gendered nature of law. Volpp uses the term Chinese and Chinese American interchangeably because while an immigrant may not be a legal citizen, the law handles them as Americans because they are living in the US, yet tends to treat many Chinese people as unassimilated even if they have lived in the US for many generations...
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