AuthorTitleCitationSummaryYearKey Term in Title or Summary
Keith Aoki , Kevin R. Johnson An Assessment of Latcrit Theory Ten Years after 83 Indiana Law Journal 1151 (Fall, 2008) With the democratization of legal academia to include law professors of different genders, races, and sexual orientations has come a loss of community, cohesion, and coherence. But what has been gained has been a more democratic and inclusive community. To believe that academics can again speak with a unified voice is no longer possible. Instead of... 2008 Yes
Carlos Hiraldo Arroz Frito with Salsa: Asian Latinos and the Future of the United States 15 Asian American Law Journal 47 (May, 2008) Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... 2008 Yes
Luis Fuentes-Rohwer Bringing Democracy to Puerto Rico: a Rejoinder 11 Harvard Latino Law Review 157 (Spring 2008) The debate over the status of Puerto Rico under U.S. law has grown boring and stale. Consider a recent exchange in the pages of the Yale Law Journal, initiated by José Coleman Tió's proposal for Congress to enfranchise residents of Puerto Rico under the Territorial Clause. Two responses criticized the proposal as dubious, . . . highly... 2008  
Veronica Nelly Velez Challenging Lies Latcrit Style: a Critical Race Reflection of an Ally to Latina/o Immigrant Parent Leaders 4 FIU Law Review 119 (Fall, 2008) I was nervous as I looked over my notes, preparing to share some preliminary research about Rose Unified's current schooling dilemmas. As I tried to release some of the tension I felt, I realized that in many ways the information I was about to present, and the forum organized to share it that evening with teachers, school district officials, civic... 2008 Yes
Lisa M. Raleigh Consumer Protection in the Hispanic Community 82-FEB Florida Bar Journal 32 (February, 2008) The burgeoning U.S. Hispanic population, a $928 billion annual spending demographic, is being targeted with marketing messages from businesses large and small. Wal-Mart alone spends $60 million a year reaching out to this population. However, people who speak English as a second language, or who cannot read English at all, are particularly... 2008 Yes
José Gabilondo Cuban Claims: Embargoed Identities and the Cuban-american Oedipal Conflict (El Grito De La Yuma) 9 Rutgers Race & the Law Review 335 (2008) In Spain, when someone has misplaced their keys, you may hear más se perdió en Cuba, a tongue-in-cheek allusion to imperial Spain's hand-over of Cuba to the United States (U.S.) in the Treaty of Paris, which ended (depending on where you stand) either the Spanish-American War or the Cuban War of Independence. Losses over Cuba feel fresher in... 2008  
M. Isabel Medina Exploring the Use of the Word "Citizen" in Writings on the Fourth Amendment 83 Indiana Law Journal 1557 (Fall, 2008) Words being what they are, people being what they are, perhaps it would be better always to say the opposite of what one means? This article notes the practice in judicial opinions and commentary on the Fourth Amendment of using the word citizen when referring to the rights secured by the Amendment. This practice essentially treats citizen as... 2008  
Richard Delgado, Jean Stefancic Foreword: Latinos and the Law Symposium 83 Indiana Law Journal 1141 (Fall, 2008) To: Ourselves Cc: Interested Readers Re: Our Plans and New Year's Resolutions for Future Scholarship on Latinos The reason for the carbon copy to interested readers is that we have learned, as we have gone through life, that other people may be highly resistant to advice-you really should do this-but highly receptive to gossip-I'm getting ready... 2008 Yes
Ediberto Roman , Christopher B. Carbot Freeriders and Diversity in the Legal Academy: a New Dirty Dozen List? 83 Indiana Law Journal 1235 (Fall, 2008) In many ways the world of sports is a microcosm of society, reflecting the ever-increasing diversity found across the American landscape. In particular, professional baseball, basketball, and football have experienced tremendous growth and success with respect to the number of racial and ethnic minorities competing in their respective leagues.... 2008  
Jamie L. Crook From Hernandez V. Texas to the Present: Doctrinal Shifts in the Supreme Court's Latina/o Jurisprudence 11 Harvard Latino Law Review 19 (Spring 2008) In one of the Supreme Court's earliest discussions of the Reconstruction Amendments, Justice Miller wrote that--along with the Thirteenth and Fifteenth Amendments--the Fourteenth Amendment was addressed to the grievances of [the black] race, and designed to remedy them. Yet the guarantee of equal protection of the laws extended more broadly: We... 2008 Yes
Gustavo Chacon Mendoza Gateway to Whiteness: Using the Census to Redefine and Reconfigure Hispanic/latino Identity, in Efforts to Preserve a White American National Identity 30 University of La Verne Law Review 160 (November, 2008) Recent census projections approximate that by 2050 Whites will make up less than 50% of the United States national population. Latinos are one of the fastest growing groups in the nation. From July 1, 2004 to July 1, 2005, the Hispanic community accounted for . . . 49% . . . of the national population growth of 2.8 million. The increasing... 2008 Yes
Mary Romero Go after the Women: Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women and Their Children 83 Indiana Law Journal 1355 (Fall, 2008) Protect Our Children, Secure Our Borders! is the rallying cry adopted by Mothers Against Illegal Aliens (MAIA), an Arizona-based women's anti-immigration group founded by Michelle Dallacroce in January 2006. Like other race-based nativist groups emerging in the United States, MAIA targets immigrants as the reason for overcrowded and low-achieving... 2008  
Christiana Ochoa Guatemala's Gender Equality Reforms: Cil in the Making 83 Indiana Law Journal 1333 (Fall, 2008) Attaining legitimacy and maintaining integral coherence are among the persistent goals of international law. My previous work on customary international law (CIL) has attended to these goals, specifically in relation to proscription. I have argued, together with others, that individuals should have a recognized role in the CIL formation process.... 2008  
Drew Hardman Hispanic Attorneys Committee Honors Magistrate Judge Bissoon 10 No. 21 Lawyers Journal 1 (October 10, 2008) The Allegheny County Bar Association's Hispanic Attorneys Committee honored newly appointed Magistrate Judge Cathy Bissoon during the third-annual Hispanic Heritage Celebration, held September 25 at the Rivers Club in Pittsburgh. Celebrating Hispanic Heritage Month, approximately 60 ACBA members and community leaders gathered to recognize Bissoon's... 2008 Yes
Edward Sandoval In Recognition of Nina Perales: Southwest Regional Counsel, Maldef 14 Texas Hispanic Journal of Law and Policy 1 (Spring 2008) Each issue of the Journal features a Latino Texan whose professional achievements, exemplary conduct and contributions to the Latino community are noteworthy. Our purpose is not only to identify Latino role models but also to inspire members of the community to continue the work that these individuals have begun. In this volume, we honor a Latina... 2008  
Jo Carrillo In Translation for the Latino Market Today: Acknowledging the Rights of Consumers in a Multilingual Housing Market 11 Harvard Latino Law Review 1 (Spring 2008) The Federal Truth in Lending Act (TILA) requires lenders to disclose the full cost of credit to borrowers. In the case of linguistic minorities, California law goes one step further. Under California Civil Code section 1632, lenders are required to provide unexecuted translations of loan documents to consumers whose language of proficiency is... 2008 Yes
Ángel R. Oquendo Ironía 11 Harvard Latino Law Review 217 (Spring 2008) Porque a revolução é uma pátria e uma família. Porque Rosalina Cruz baja por la Rua da Carioca. Porque va echando chispas. Porque la reunión fue un despelote. Porque siempre acontece lo mismo. Porque nunca le hacen caso. Porque no la respetan. Porque se crió en la zona norte. Porque tiene un poco de tinte. Porque se le ve la raja. Porque es mujer.... 2008  
Ángel R. Oquendo Irony 11 Harvard Latino Law Review 205 (Spring 2008) Porque a revolução é uma pátria e uma família. Cause Rosalina Cruz dashes down Rua da Carioca. Cause she's sparkling with fury. Cause the meeting was a debacle. Cause it's always the same. Cause no one listens to her. Cause nobody respects her. Cause she grew up in the North Zone. Cause she has a bit of a dark hue. Cause she has strong... 2008  
Philip Goodman It's Just Black, White, or Hispanic: an Observational Study of Racializing Moves in California's Segregated Prison Reception Centers 42 Law and Society Review 735 (December, 2008) This article takes as its launching point a 2005 U. S. Supreme Court case, Johnson v. California (543 U.S. 499), which ruled that the California Department of Corrections' unwritten practice of racially segregating inmates in prison reception centers is to be reviewed under the highest level of constitutional review, strict scrutiny. Relying on... 2008 Yes
Sandra Guerra Thompson Latinas and Their Families in Detention: the Growing Intersection of Immigration Law and Criminal Law 14 William and Mary Journal of Women and the Law 225 (Winter, 2008) In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers... 2008 Yes
Margaret E. Montoya , Francisco Valdes Latinas/os and Latina/o Legal Studies: a Critical and Self-critical Review of Latcrit Theory and Legal Models of Knowledge Production 4 FIU Law Review 187 (Fall, 2008) I. Introduction. 188 A. The Promise and the Danger: Latinas/os as a Demographic Surge. 189 B. Within the Legal Academy: The Emergence of Latina/o Legal Studies (LatCrit). 192 C. Meaning and Location: The Emergence of LatCrit as a Coalitional Antisubordination Knowledge-Production Project. 194 II. Knowledge Production Models: A Brief Overview.... 2008 Yes
Margaret E. Montoya , Francisco Valdes Latinas/os and the Politics of Knowledge Production: Latcrit Scholarship and Academic Activism as Social Justice Action 83 Indiana Law Journal 1197 (Fall, 2008) For at least a decade now, drums have beat and trumpets blared heralding the arrival of Latinas/os onto the national policy-and-politics stage of the United States. Pundits have declared seismic political possibilities following from this demographic surge while the 2000 Census confirmed that numerical growth among Latina/o-identified... 2008 Yes
Cristina M. Rodríguez Latinos and Immigrants 11 Harvard Latino Law Review 247 (Spring 2008) It has become common over the last year to hear pundits declare that Republicans, by scuttling immigration reform with an enforcement-only mantra and turning vicious and nativistic during the recent election campaigns, have won the battle (against liberalizing the immigration system) but are poised to lose the war (for the Latino vote). Short-term... 2008 Yes
Glenda Labadie-Jackson Los Derechos Reproductivos De Las Latinas Y Los Acuerdos Comerciales De Maternidad Subrogada 14 Texas Hispanic Journal of Law and Policy 29 (Spring 2008) I. Las Latinas y el Ejercicio de Sus Derechos Reproductivos. 31 II. Acuerdos de Maternidad Subrogada: Principios Generales. 32 1. Definición de conceptos y terminología. 32 2. Historia de los acuerdos de maternidad subrogada en los Estados Unidos. 35 3. Regulación Estatal de los Acuerdos de Maternidad Subrogada. 37 4. Argumentos a favor y en contra... 2008 Yes
Tom I. Romero, II, J.D., Ph.D. No Brown Towns: Anti-immigrant Ordinances and Equality of Educational Opportunity for Latina/os 12 Journal of Gender, Race and Justice 13 (Fall 2008) multi-racial community seems equally fundamental. Since the 1990s, the percentage of students of every race in multiracial groups has increased. Segregation is no longer black and white but increasingly multiracial. In 1972, the United States Supreme Court in Spencer v. Kugler affirmed without comment New Jersey's statutory scheme compelling... 2008 Yes
Sylvia R. Lazos Vargas Only Skin Deep?: the Cost of Partisan Politics on Minority Diversity of the Federal Bench 83 Indiana Law Journal 1423 (Fall, 2008) This article explores the difficulties encountered in diversifying the federal bench and why the partisanship of the confirmation process decreases the diversity of viewpoints on the bench. Why care about diversity on the bench? Part I summarizes the arguments. Presidents who have the power to appoint federal judges have realized the powerful... 2008  
  Panel #2: El Sistema Judicial Y La Reforma Del Estado De Derecho En América Latina 25 Arizona Journal of International & Comparative Law 493 (Summer, 2008) Durante los últimos veinticinco años, las reformas hacia el estado de derecho en América Latina han puesto un gran enfoque en los mecanismos de la prestación de la justicia. Este panel - con miembros líderes de la región - examinará los elementos críticos de estos esfuerzos: la creación y el mantenimiento de una magistratura independiente, la... 2008 Yes
  Panel #6: La Experiencia De La Inversión Extranjera En América Latina Y El Derecho Local, Arbitraje Y Los Tratados Bilaterales 25 Arizona Journal of International & Comparative Law 602 (Summer, 2008) En una región que depende fuertemente de las inversiones extranjeras directas, el estado de derecho juega un papel clave en el nivel y la calidad de las inversions necesarias para el desarrollo de la infraestructura. Este panel examinará la experiencia de los años 90 con las políticas económicas abiertas y el contragolpe del comienzo del siglo XXI,... 2008 Yes
Jennifer M. Chacón Race as a Diagnostic Tool: Latinas/os and Higher Education in California, Post-209 96 California Law Review 1215 (October, 2008) As a diagnostic or evidentiary device, race helps identify the underlying problems affecting higher education. As the State of California enters a period of economic downturn and budgetary crisis, educational spending is once again on the chopping block. This is true at the primary and secondary school levels. California's institutions of higher... 2008 Yes
Vanessa Badillo Abasolo Reformas Del Procedimiento Civil En America Latina: La Experiencia Uruguaya 77 Revista Juridica Universidad de Puerto Rico 1391 (2008) Los profesores uruguayos son los que tienen mayor autoridad para hablarnos de estas tematicasCambios Estructurales y Culturales de una posible Reforma del Proceso Civil, tan asi, que no solo desde Chile sino que desde el resto del mundo, incluso desde Italia, iban a buscar en este experiencia uruguaya luces para una actualizacion de la practica... 2008 Yes
Darryn Beckstrom Religion, Immigration, and Voter Turnout among Latinos in Presidential Elections 13 Georgetown Public Policy Review 63 (2007-2008) In recent years, scholars have investigated the significance of religion, immigration, and Latino activism on American elections. However, less attention has been paid to voter turnout among Latinos than among other groups. This paper uses data from the 2006 General Social Survey and the 2004 and 2006 Pew National Surveys of Latinos in order to... 2008 Yes
Marie C. Scott Resegregation, Language, and Educational Opportunity: the Influx of Latino Students into North Carolina Public Schools 11 Harvard Latino Law Review 123 (Spring 2008) In 2003, Latinos represented the largest minority group, outnumbering African Americans for the first time in U.S. history. Today Latinos make up over fourteen percent of the U.S. population, and they are projected to comprise nearly twenty-five percent of the population in 2050. Two aspects of this growth are especially interesting: the... 2008 Yes
M. Isabel Medina Ruminations on the Fourth Amendment: Case Law, Commentary, and the Word "Citizen" 11 Harvard Latino Law Review 189 (Spring 2008) Words being what they are, people being what they are, perhaps it would be better always to say the opposite of what one means? Often it is when looking for one thing in particular that one finds or notices another, more interesting thing that, although not looked for or anticipated, becomes the thing deserving of study. In the spring of 2003 I... 2008  
Berta E. Hernández-Truyol Sex and Globalization 11 Harvard Latino Law Review 173 (Spring 2008) For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields--certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in... 2008  
Raquel E. Aldana Silent Victims No More?: Moral Indignation and the Potential for Latino Political Mobilization in Defense of Immigrants 45 Houston Law Review 73 (Symposium 2008) I. Introduction. 74 II. Electoral Politics and Latina/o Voters. 83 A. The Numbers: 2006 Elections and Predictions for 2008. 85 B. Latino Voters on Immigration. 88 III. The Promise of Nonelectorate Latino Civic Engagement: The 2006 Immigration Marches and Beyond. 92 IV. Conclusion. 97 Media reports identified at least 50 of the 130 victims of the... 2008 Yes
Enrique J. Gimenez , Wendy Padilla-Madden State Bar Actively Addressing Growing Hispanic Population 69 Alabama Lawyer 448 (November, 2008) With a Hispanic population increase of more than 210 percent during the 1990s, Alabama has become a leading United States center for Hispanic population growth and business development. The first few years of this decade continued the trend, with Alabama's 22 percent increase in Hispanic population nearly doubling the national average. While many... 2008 Yes
Angel R. Oquendo Straight from the Mouth of the Volcano: the Lowdown on Law, Language, and Latin@s 83 Indiana Law Journal 1481 (Fall, 2008) Amor mio en el mar navegamos de vuelta a la raza, a la herencia, al volcan y al recinto, al idioma dormido que se nos salia por la cabellera en tierras ajenas. Auch das Ungew hnliche mu Grenzen haben. How does U.S. law regulate linguistic practices and cultures? Does it operate explicitly, through the constitutional or statutory officialization of... 2008 Yes
Michael A. Olivas The "Trial of the Century" That Never Was: Staff Sgt. Macario Garcia, the Congressional Medal of Honor, and the Oasis Cafe 83 Indiana Law Journal 1391 (Fall, 2008) There can be no doubt that life in the early twentieth century in rural Texas was difficult for Mexican Americans and Mexican-origin people. Texas was the only southern state with a substantial Mexican population, so Jim Crow morphed into a form not found elsewhere in the agricultural South. The racial segregation practiced against African... 2008  
SpearIt The Browning of America: the Impacts of Latinos on the Law and in Legal Discourse 19 Berkeley La Raza Law Journal 189 (2008) In Latinos and American Law: Landmark Supreme Court Cases, Carlos R. Soltero examines cases involving Latinos that have been decided at the highest level of our American jurisprudence. The book's organization follows a simple chronology beginning in 1889 with Botiller v. Dominguez and concluding with the 2001 decision of Alexander v. Sandoval.... 2008 Yes
Berta Esperanza Hernandez-Truyol The Gender Bend: Culture, Sex, and Sexuality-a Latcritical Human Rights Map of Latina/o Border Crossings 83 Indiana Law Journal 1283 (Fall, 2008) [C]ultures provide specific plots for lives. Away, she went away but each place she went pushed her to the other side, al otro lado. [j]Mejor puta que pata. Mejor ladrón que maricón. In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining,... 2008 Yes
Claudio Grossman The Inter-american System of Human Rights: Challenges for the Future 83 Indiana Law Journal 1267 (Fall, 2008) The Inter-American system is a combination of human rights norms and supervisory institutions within the Americas. The applicable rules consist primarily of the American Declaration on the Rights and Duties of Man (American Declaration) and the American Convention on Human Rights (American Convention). The institutions involved are the organs... 2008  
Luis Fuentes-Rohwer The Land That Democratic Theory Forgot 83 Indiana Law Journal 1525 (Fall, 2008) The island of Puerto Rico is officially designated as an unincorporated United States territory. Acquired by the United States in the aftermath of the Spanish-American war, the status of the island offers innumerable lessons and puzzles for students of the law of democracy and constitutional law. Begin with the fact that citizens of Puerto... 2008  
Maritza I. Reyes The Latino Lawful Permanent Resident Removal Cases: a Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.s. Immigration Law 11 Harvard Latino Law Review 279 (Spring 2008) What has become of the descendants of the irresponsible adventurers, the scapegrace sons, the bond servants, the redemptionists and the indentured maidens, the undesirables, and even the criminals, which made up, not all, of course, but nevertheless a considerable part of, the earliest emigrants to these virgin countries? They have become the... 2008 Yes
Agustin Parise The Place of the Louisiana Civil Code in the Hispanic Civil Codifications: the Comments to the Spanish Civil Code Project of 1851 68 Louisiana Law Review 823 (Spring, 2008) The Louisiana Civil Code of the year 1825 (Louisiana Civil Code) had a strong presence in the worldwide nineteenth century codification movements. This Article shows that the influence of the Louisiana text was not limited to the codification endeavors of French- or English-speaking countries; but that it also extended to other codification works... 2008 Yes
Glenda Labadie-Jackson The Reproductive Rights of Latinas and Commercial Surrogacy Contracts - English Translation 14 Texas Hispanic Journal of Law and Policy 49 (Spring 2008) I. Reproductive Rights of the Latinas in the United States. 51 II. Surrogacy Agreements: General Principles. 52 1. Definitions and Terminology. 52 2. The History of Surrogacy Agreements in the United Statess. 54 3. State Regulation of Surrogacy Agreements. 56 4. Arguments in Favor and Against the Legalization of Surrogacy Agreements. 58 a.... 2008 Yes
Daria Roithmayr Them That Has, Gets 27 Mississippi College Law Review 373 (2007-2008) In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... 2008  
X. Brian Edwards True Donative Freedom: Using Mediation to Resolve the Disparate Impact Current Succession Law Has on Committed Same-gender Loving Couples 23 Ohio State Journal on Dispute Resolution 715 (2008) In recent years the national discussion concerning what rights same-gender loving Americans do or do not have has been thrust to the forefront of American political debate. The issues of same-sex marriage, same-gender loving adoption rights, and civil unions have sparked heated debate between both ends of the political spectrum. Moreover, this... 2008  
SpearIt Visions of Victory: Secure the Hispanic Vote--and Win 19 Berkeley La Raza Law Journal 181 (2008) It was indeed a bold venture on the part of Leslie Sanchez to attempt to drum up support for the Republican Party among Hispanics in 2007. But this is exactly what she does in Los Republicanos: Why Hispanics and Republicans Need Each Other. Lately, however, the Grand Old Party has managed to strike out on some major issues concerning Hispanics... 2008 Yes
Glenda Labadie-Jackson Warning: Silence Can Cause Severe Harm: Spanish Language and Civil Liability for Inadequate Warnings and Instructions 11 Harvard Latino Law Review 85 (Spring 2008) La humanidad entrará en el tercer milenio bajo el imperio de las palabras. No es cierto que la imagen esté desplazándolas ni que pueda extinguirlas. Al contrario, está potenciándolas: nunca hubo en el mundo tantas palabras con tanto alcance, autoridad y albedrío como en la inmensa Babel de la vida actual. Palabras inventadas, maltratadas o... 2008  
Richard Delgado , Jean Stefancic What If John Calmore Had a Latino/a Sibling? 86 North Carolina Law Review 769 (March, 2008) Over the course of a long career, John Calmore has addressed a host of issues having to do with housing for minority communities, particularly African Americans. These issues include redlining (refusal to extend credit or insurance for housing in black areas), segregation, and substandard municipal services. Although Calmore's work is pathbreaking,... 2008 Yes
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