AuthorTitleCitationSummaryYearKey Terms
Elena Maria Marty-Nelson Why Not Me?: Intersectionality in Law School Leadership 23 University of Pennsylvania Journal of Law and Social Change 65 (2020) It was truly an honor to be part of the panel discussing Intersectionality: Strengths and Challenges in Leadership during the Fourth National People of Color Legal Scholarship Conference (NPOC 2019). During our panel presentation, I was flanked by extraordinary and insightful law school leaders, who are also women of color. I use the term flanked... 2020  
Martin Guevara Urbina , Ilse Aglaé Peña Capital Punishment, Latinos, and the United States Legal System: Doing Justice or an Illusion of Justice, Legitimated Oppression, and Reinforcement of Structural Hierarchies 66 UCLA Law Review 1762 (December, 2019) As the twenty-first century progresses, the influence of race, ethnicity, gender, and class in crime and punishment continues to be a pressing and polemic issue. With various antisocial control movements taking place, particularly in response to the Trump administration, the nature of crime and punishment is once again being redefined nationally... 2019 Yes
Ron Cichowicz Hispanic Heritage Month Celebration Another Grand Success 21 No. 23 Lawyers Journal 4 (November 8, 2019) Each year during Hispanic Heritage Month, the ACBA's Hispanic Attorneys Committee celebrates the cultures and contributions of American citizens of Hispanic descent with an event that features great food, traditional music and the opportunity to bring together Hispanic lawyers, judges, law professors, law students and others in western... 2019 Yes
Leonardo Benavides, Esq. , Briana Martinez, Esq. Hispanics Are Underrepresented in the Legal Profession: Latino Bar Association 5k Event Is Helping to Change That 27-NOV Nevada Lawyer 50 (November, 2019) Hispanics continue to be significantly underrepresented in the legal profession. According to the Hispanic National Bar Association (HNBA), while making up 18 percent of the country's population, Hispanics comprise only about 5 percent of the nation's lawyers. These low numbers negatively impact the Hispanic community, especially in Nevada where... 2019 Yes
Pilar G. Mendez Imprisoned Hispanic/latinx Individuals Need Access to Culturally Competent Mental Health Treatment 28 Annals of Health Law Advance Directive 157 (Spring, 2019) Before I built a wall I'd ask to know, What I was walling in or walling out.--Robert Frost, Mending Wall Four-in-ten Hispanic/Latinx individuals living in the United States said that they had serious concerns about their place in Trump's America after the 2016 election. One research study found that President Trump's immigration policies have... 2019 Yes
Albert H. Kauffman Latino Education in Texas: a History of Systematic Recycling Discrimination 50 Saint Mary's Law Journal 861 (2019) I. Introduction: Texas--Mexico Interrelationships and the Focus on Latino Education. 862 II. Segregation of Mexican-Americans in the Public Schools. 866 A. Complete Exclusion. 870 B. Separate Mexican-American Schools. 870 C. Segregation Among and in Schools. 872 D. Statewide Desegregation Efforts. 878 E. Effects of Segregation. 880 III. The Texas... 2019 Yes
Barbara O'Brien, Klara Stephens, Maurice Possley, Catherine M. Grosso Latinx Defendants, False Convictions, and the Difficult Road to Exoneration 66 UCLA Law Review 1682 (December, 2019) The National Registry of Exonerations (the Registry) reports all known exonerations in the United States since 1989. Of the more than 2,400 exonerated defendants currently in the database, 281 are classified as Latinx. In many ways, their cases resemble those of other exonerees. The same factors that produced false convictions of non-Latinx... 2019 Yes
Scott G. Wasserman, Esq. Meet Andrea Gandara, Director at Large of the Latino Bar Association 27-JUN Nevada Lawyer 50 (June, 2019) Andrea Gandara has been a part of the Las Vegas Latino Bar Association for more than five years and has previously served as its vice president of membership. Gandara currently serves as a director at large. She is one of six directors who are responsible for carrying out the activities of the organization. One of the primary duties of the... 2019 Yes
Leisy J. Abrego Relational Legal Consciousness of U.s. Citizenship: Privilege, Responsibility, Guilt, and Love in Latino Mixed-status Families 53 Law and Society Review 641 (September, 2019) Based on interviews with 100 members of mixed-status families in Los Angeles, California, this article analyzes how U.S. citizen children practice and understand citizenship in the context of punitive laws targeting their loved ones. Participants' narratives of citizenship as privilege, responsibility, and guilt reveal that despite normative... 2019 Yes
Jeffery T. Ulmer, Kaitlyn Konefal Sentencing the "Other": Punishment of Latinx Defendants 66 UCLA Law Review 1716 (December, 2019) Some recent state and federal sentencing studies have turned up an interesting puzzle: Contrary to a prominent sociological group threat theory, Latinx defendants seem to be punished most harshly relative to white defendants in court jurisdictions where Latinx populations are smallest. In this Article, we briefly review literature on punishment... 2019 Yes
Melissa Hamilton The Biased Algorithm: Evidence of Disparate Impact on Hispanics 56 American Criminal Law Review 1553 (Fall, 2019) Automated risk assessment is all the rage in the criminal justice system. Proponents view risk assessment as an objective way to reduce mass incarceration without sacrificing public safety. Officials thus are becoming heavily invested in risk assessment tools--with their reliance upon big data and algorithmic processing--to inform decisions on... 2019 Yes
Hannah Walker, Marcel Roman, Matt Barreto The Direct and Indirect Effects of Immigration Enforcement on Latino Political Engagement 66 UCLA Law Review 1818 (December, 2019) How does having a loved one threatened by detention and deportation impact political participation? Drawing on extant research demonstrating the mobilizing power of a threatening immigration environment, we develop a dynamic theory of what scholars elsewhere refer to as proximal contact. We argue that individuals with proximal connections to... 2019 Yes
Ryan D. Davidson , Meredith W. Morrissey , Connie J. Beck The Hispanic Experience of the Child Welfare System 57 Family Court Review 201 (April, 2019) As the Hispanic population grows in the United States and the child welfare system, it is necessary to examine how experiences of Hispanic families differ from those of White/Caucasian families and to assess whether Hispanic families' needs are properly addressed. This literature review will examine research on the outcomes and experiences of... 2019 Yes
Kevin Hernandez The Implications of Environmental Law and Latino Property Rights on Modern-age Border Security: Rejecting a Physical Border and Embracing a Virtual Wall 22 Harvard Latinx Law Review 69 (Spring, 2019) I. Introduction. 69 II. Background. 70 A. Historic Border Wall Policy. 70 B. The Eminent Domain Powers of the Federal Government. 72 C. Understanding the Treaty of Guadalupe-Hidalgo in order to Explain the Present-Day Threat to Latino Property Ownership Along the U.S.-Mexico Border. 73 D. Challenges Against the Bush Administration's use of the... 2019 Yes
Christy E. Lopez The Reasonable Latinx: a Response to Professor Henning's the Reasonable Black Child: Race, Adolescence, and the Fourth Amendment 68 American University Law Review Forum 55 (April, 2019) In her article, The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment, Professor Kristin Henning makes a compelling argument for reconceptualizing that Amendment's reasonable person standard to better protect black youth. Professor Henning shows how the reasonable person standard has long been artificially narrow and selectively... 2019 Yes
Pablo Chapablanco Traveling While Hispanic: Border Patrol Immigration Investigatory Stops at Tsa Checkpoints and Hispanic Appearance 104 Cornell Law Review 1401 (July, 2019) Introduction. 1402 I. A Brief History of the United States Border Patrol and Its Impact in the Southern Border. 1407 A. The Early Beginnings of the United States Border Patrol. 1407 B. The United States Border Patrol's Focus on Mexican Immigrants. 1408 C. The United States Border Patrol Today. 1410 II. The Fourth Amendment in Immigration Law... 2019 Yes
Kevin R. Johnson Trump's Latinx Repatriation 66 UCLA Law Review 1444 (December, 2019) Two historical episodes have indelibly influenced the development of Latinx identity and sense of belonging in the United States. During the Great Depression, state and local governments, with the support of the U.S. government, repatriated approximately one million persons of Mexican ancestry, including many U.S. citizen children and immigrant... 2019 Yes
Ana Muñiz Bordering Circuitry: Crossjurisdictional Immigration Surveillance 66 UCLA Law Review 1636 (December, 2019) This Article builds upon literature on immigration surveillance, border control, and policing to explore the role of interoperable information systems and data sharing practices in the social control of immigrants from Mexico, Central America, and the Caribbean. Based upon an analysis of Department of Homeland Security (DHS) documents and... 2019  
Catherine M. Grosso, Jeffrey Fagan, Michael Laurence, David Baldus (1935-2011), George Woodworth, Richard Newell Death by Stereotype: Race, Ethnicity, and California's Failure to Implement Furman's Narrowing Requirement 66 UCLA Law Review 1394 (December, 2019) The influence of race on the administration of capital punishment had a major role in the U.S. Supreme Court's 1972 decision in Furman v. Georgia to invalidate death penalty statutes across the United States. To avoid discriminatory and capricious application of capital punishment, the Supreme Court held that the Eighth Amendment requires... 2019  
Gerald P. López Growing up in Authoritarian 1950s East La 66 UCLA Law Review 1532 (December, 2019) By the 1950s, the criminal justice system had long combined with other systems, institutions, and individuals to target all the residents of East LA-- particularly Mexicans--as criminals. In equating Mexicans with criminality, these networked forces and actors regarded and treated these residents as exceptions--as morally requiring and legally... 2019  
Jennifer M. Chacón Immigration Federalism in the Weeds 66 UCLA Law Review 1330 (December, 2019) This Article takes immigration federalism all-the-way-down by focusing on two counties in Southern California--Los Angeles County and Orange County--to consider the role that subfederal governmental entities play in immigration enforcement. Part I synthesizes the existing literature on immigration federalism with particular attention to the role... 2019  
Julia A. Mendoza Prison Row: a Topographical History of Carcerality in California 66 UCLA Law Review 1616 (December, 2019) U.S. Highway 99 is often coined the Golden State Highway and the Main Street of California. The road originally extended from the U.S.-Mexico border all the way to the Oregon border while passing through the Central Valley. When you travel along this route, you pass a little over half of all California prisons. By using U.S. Highway 99 as an entry... 2019  
Sheri Lynn Johnson, John H. Blume, Amelia Courtney Hritz, Caisa Elizabeth Royer Race, Intellectual Disability, and Death: an Empirical Inquiry into Invidious Influences on Atkins Determinations 66 UCLA Law Review 1506 (December, 2019) In Atkins v. Virginia, the U.S. Supreme Court held that the execution of a person with intellectual disability violates the Eighth Amendment's Cruel and Unusual Punishment Clause. After more than a decade of Atkins litigation, we perceived there to be a substantial risk that race influences intellectual disability--and consequently, life and... 2019  
Ramiro Martinez, Jr. , Keller Sheppard Were Mexican American Communities Safer than Others? Some Surprising Findings from San Antonio, 1960-1980 66 UCLA Law Review 1588 (December, 2019) Contradicting widespread belief, scholarly research has confirmed that Mexican American (Latino/a/x) communities have lower levels of homicide than expected, given their high levels of economic disadvantage, residential instability, and rapid population change. But scholars are just beginning to explore the various social dynamics underlying this... 2019  
Natasha Bahri Frances Valdez: Bridging the Gap Between the Youth, Immigrant, Latino and Lgbt Communities 55-APR Houston Lawyer 17 (March/April, 2018) Frances Valdez spends a considerable amount of time thinking of ways to change the world for the better and searching for ways to see this ambition through. After spending some one-on-one time with her, I quickly learned that Valdez is a rising star in the legal community for her past and--certain to come--future accomplishments. As an attorney,... 2018 Yes
Margaret E. Montoya Hls 200: a Latina's Story about the Bicentennial 21 Harvard Latinx Law Review 35 (Spring, 2018) Harvard Law School (HLS) celebrated its bicentennial on October 26 and 27, 2017, and filmed a documentary as part of the activities marking the 200-year history of the school. This essay memorializes the role that I, a Latina who has been linked to HLS since I applied for admission in the fall of 1971, played in some of the bicentennial events.... 2018 Yes
Lupe S. Salinas Lawless Cops, Latino Injustice, and Revictimization by the Justice System 2018 Michigan State Law Review 1095 (2018) C1-2Table of Contents Introduction: Perceptions and Realities. 1097 I. The United States Latino Socioracial Experience. 1110 A. Mexico's Revolution from Spain and the Texas Republic, 1820-1848. 1110 B. The Mexicanization of the United States, 1848-1941. 1113 C. The Latinization of America, 1942-Present. 1119 D. United States Latinos and the... 2018 Yes
  Leadership in the Latino/a Community 25 Texas Hispanic Journal of Law and Policy 55 (Fall, 2018) Speakers: Pete Peña Gallego, Former U.S. House of Representatives - Texas's 23rd District; Norma Cantú, Visiting Professor of Law and Education, University of Texas at Austin; Baltazar Salazar, General Counsel, Brownsville ISD Moderator: Daniella Salazar, THJ Co-Symposium Editor I'm Norma Cantú, and I teach here at The University of Texas at... 2018 Yes
Monica Chawla Show Me Your Papers: an Equal Protection Violation of the Rights of Latino Men in Trump's America 34 Touro Law Review 1157 (2018) During the final presidential debate on October 19, 2016, Donald Trump said if he is elected president, his immigration plan will include deporting bad hombres who are bringing drugs and crime across the border. Hombres is the Spanish word for men. During the first month of Trump's presidency, Trump called for the hiring of 10,000 more U.S.... 2018 Yes
Luz E. Herrera, Pilar Margarita Hernández Escontrías The Network for Justice: Pursuing a Latinx Civil Rights Agenda 21 Harvard Latinx Law Review 165 (Spring, 2018) This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot... 2018 Yes
Eric Franklin Amarante The Unsung Latino Entrepreneurs of Appalachia 120 West Virginia Law Review 773 (Spring, 2018) Abstract. 773 I. Introduction. 774 II. Latino Entrepreneurs: They are not the problem. They are the solution.. 776 A. What Is a Latino?. 776 B. Destinations, Old and New. 779 III. The Benefits of Latino Entrepreneurship. 783 A. A Taco Truck on Every Corner?. 783 B. Sé Tu Propio Jefe. 785 C Coming Soon to a Long-Deserted Strip Mall Near You!. 786... 2018 Yes
Taurus Myhand You Be the Judge: the Wholesale Implementation of Bail Schedules by the Judiciary as an Abdication of Adjudicatory Responsibility Creating a Disparate Impact for African-americans and Hispanics Accused of Criminal Offenses 42 Journal of the Legal Profession 261 (Spring, 2018) Very few people, if any, have not been exposed to the often-repeated assertion that a person accused of a criminal offense in the United States is presumed innocent until proven guilty. The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the country. In... 2018 Yes
Pedro F. Silva-Ruiz Derechos De Los Consumidores Y La Actividad Notarial En Puerto Rico 57 Revista de Derecho Puertorriqueno 401 (2018) El tercer tema de la XVII Jornada Notarial Iberoamericana trata sobre los derechos de los consumidores y la actividad notarial. Antes de continuar, me propongo obsequiar al lector con una brevísima introducción sobre el ordenamiento jurídico puertorriqueño; su propósito es ubicarlo entre las familias jurídicas del mundo contemporáneo. Dicho... 2018  
Joyce Rodriguez, Esq. Resolving Legal Claims Between the United States and Cuba: Applying International Law Where Diplomacy Alone Falls Short 14 South Carolina Journal of International Law & Business 143 (Spring, 2018) At the heart of the nearly sixty-year-old conflict between the United States and the Republic of Cuba lies the $1.9 billion U.S. claim against Cuba for the mass expropriation of American-owned property and assets in Cuba during the early years of the Cuban revolution. Cuba's socialist revolution and uncompensated expropriation of U.S. property... 2018  
Elvia Rosales Arriola Amor Y Esperanza: a Latina Lesbian Becomes a Law Professor 66 Journal of Legal Education 484 (Spring, 2017) Writing about my presence in the legal academy is about identifying the act of resistance in simply being myself as a Latina lesbian who was trying to develop as a feminist legal theorist when I thought about law teaching as a career in the late 1980s. Now recently retired, I can be grateful that I became a law professor at a time when fairly... 2017 Yes
Scott B. Astrada , Marvin L. Astrada Being Latino in the 21st Century: Reexamining Politicized Identity & the Problem of Representation 20 University of Pennsylvania Journal of Law and Social Change 245 (2017) INTRODUCTION. 245 I. THE POLITICIZED LATINO IN LEGAL & POLITICAL DISCOURSE. 247 A. Problematizing Latino Identity: Exploring the Tensions Betwixt Identity, Discourse & Representation. 247 B. Beyond the Law: Critically Examining Latino Identity in the Larger Political Context. 250 C. Complicating Representation: Identity & Demographics. 252 II.... 2017 Yes
Jacqueline N. Font-Guzmán, M.H.A., J.D., Ph.D. Closing the Gap: Embedding Advance Care Planning in a Latino Community by Using a Culturally Sensitive Dispute Systems Design Approach 13 University of Saint Thomas Law Journal 192 (Winter, 2017) It Was a mirror of a bad death, not a good death--here's a gentleman who had been alone in an outside hospital and now he's alone here (Male Intern). Dying is not merely biological; it is also a social process. Just as humans cannot have a good life in isolation, they cannot have a good death in isolation. This Article explores the factors that... 2017 Yes
Leo P. Martinez Latinos and the Internal Revenue Code: a Tax Policy Primer for the New Administration 20 Harvard Latinx Law Review 101 (Spring, 2017) With the expectation that the new administration and the new Congress will undertake significant tax reform, this article seeks to provide a comprehensive view of how seemingly neutral legislation in the form of the Internal Revenue Code (the Code) disadvantages Latinos. If tax reform is ever to correct the many inequities outlined in this paper,... 2017 Yes
Melinda S. Molina Los Puentes Y Las Barreras: Latinas in the Legal Profession 64-FEB Federal Lawyer 36 (January/February, 2017) The dearth of Latina attorneys is startling. Latinas--who constitute 7 percent of the total U.S. population and are part of the largest and fastest-growing ethnic group--represent only 1.4 percent of the nation's lawyers. The low number of Latina lawyers has severe repercussions for the recruitment, retention, and professional career advancement of... 2017 Yes
Judith E. Koons Pulse: Finding Meaning in a Massacre Through Gay Latinx Intersectional Justice 19 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2017) I. Introduction. 2 II. Finding Meaning: The Roots of Violence in Enlightenment Thinking. 8 A. The Social Construction of Homophobia and Border Anxiety: A Critical Review. 12 B. Hate Crime Against Latina/os: More Border Anxiety. 14 C. Intersectional Oppression: LBGTQ People of Color. 18 III. Making Meaning: Ways to Heal. 26 A. They Were Dancing:... 2017 Yes
Pilar Margarita Hernández Escontrías , Rachel F. Moran , Robert L. Nelson The Future of Latinos in the United States: Law, Mobility, and Opportunity (A Project of the American Bar Foundation) 24 No. 2 Professional Lawyer 21 (2017) The Latino population has grown rapidly and soon will be the second largest racial or ethnic group in the nation. In a few states, Latinos already outnumber other racial and ethnic constituencies, and in some cities and counties, they make up a majority of all residents. As a result, the future of Latinos in the United States will significantly... 2017 Yes
Dania Y. Pulido When Giving Birth Becomes a Liability: the Intersection of Reproductive Oppression and the Motherhood Wage Penalty for Latinas in Texas 19 Scholar: St. Mary's Law Review on Race and Social Justice 111 (2017) There's a sorry situation in the United States, which is essentially that poor women don't have choice. Women of means do .. [I]f you can afford a plane ticket, a train ticket or even a bus ticket you can control your own destiny but if you're locked into your native state then maybe you can't. That we have one law for women of means and another... 2017 Yes
Paul Guajardo , David W. Read Sin Documentos: Legally Instructive Narratives in Mexican-american Memoirs and United States Immigration Law 24 Texas Hispanic Journal of Law and Policy 1 (Fall, 2017) The sincere and sometimes startling testimonies found in Mexican-American memoirs provide first-hand accounts of the plight of undocumented immigrants. Mexican-American memoirs by the likes of Francisco Jimenez, Reyna Grande, Rosalina Rosay, Rose Castillo Guilbault, Ramon Perez, Elva Trevino Hart, Jose Angel Navejas, amongst dozens of others,... 2017  
Tracy Carbasho Acba Hispanic Attorneys Committee Honors Sister Janice for Her Dedication 18 No. 21 Lawyers Journal 5 (October 14, 2016) Sister Janice Vanderneck feels a deep sense of joy when members of the local Latino population achieve U.S. citizenship, move into their own home, get health care, land a job or overcome any barrier. My biggest accomplishment is to have followed the lead of my head, heart and spirit to pursue--and doggedly at that--the welcome and embrace of... 2016 Yes
  Challenges of the Latino Community in 2016 and the Years to Come 22 Texas Hispanic Journal of Law and Policy 29 (Spring 2016) On February 26th, 2016, the Texas Hispanic Journal of Law and Policy (THJ) put on a symposium titled Challenges of the Latino Community in 2016 and the Years to Come, at the University of Texas School of Law Eidman Courtroom. This symposium, lasting over seven hours, explored different issues that were looming over the Latino population: What... 2016 Yes
Cindy S. Woods Confrontando La Superpoblación Carcelaria En América Latina: Análisis Comparativo De Los Precursores Necesarios Para Reformar 22 ILSA Journal of International and Comparative Law 617 (Summer, 2016) I. INTRODUCCIÓN. 618 II. ENCARCELAMIENTOS RELACIONADOS CON LAS DROGAS COMO CAUSA DE LA SUPERPOBLACIÓN CARCELARIA. 621 A. Sentencias Para Delitos Relacionados Con Drogas. 621 1. Bolivia. 623 2. Colombia. 625 3. Perú. 627 B. Prisión Preventiva. 628 III. LOS EFECTOS NEGATIVOS DE LAS POLÍTICAS DE DROGAS SEVERAS. 631 A. La Superpoblación en las... 2016 Yes
Erin Lain Experiences of Academically Dismissed Black and Latino Law Students: Stereotype Threat, Fight or Flight Coping Mechanisms, Isolation and Feelings of Systemic Betrayal 45 Journal of Law and Education 279 (Summer, 2016) This study examined the law school environment as perceived by Black and Latino students who were academically dismissed from law school. This study focused on the perceptions of the former students, as opposed to the institutional perspective, which is unique to this field of inquiry. Strange and Banning's comprehensive ecological model on... 2016 Yes
Laura Macia, University of Pittsburgh Experiences of Discrimination in an Emerging Latina/o Community 39 PoLAR: Political and Legal Anthropology Review 110 (May, 2016) In this article I explore how members of an emerging community of Latina/o immigrants in Pittsburgh, a small but rapidly growing population, understand and respond to discrimination. Both documented and undocumented Latina/o immigrants reported experiencing discrimination and facing challenges in addressing these experiences. However, personal... 2016 Yes
  Family Dynamics Cause Major Stress for Latino Immigrant Families 35 No. 5 Child Law Practice 80 (May, 2016) Commitment to family is both a driving force and source of hardship for Latino immigrants, according to a Florida State University researcher. Threats to familismo--deeply held cultural beliefs about the centrality of family in daily life--are often a major source of stress for immigrants and can have a negative impact on their overall health and... 2016 Yes
Mira Mdivani Hispanic Bar Association of Greater Kansas City Leads the Way 85-DEC Journal of the Kansas Bar Association 23 (November/December, 2016) Hispanic Bar Association of Greater Kansas City's annual scholarship reception serves to lift and inspire. It reminds me that dedicated passionate leaders can make a huge difference in the world. After attending this year's reception in October, I asked one of these leaders, HBAGKC's board member and incoming President Janell Avila, to tell us... 2016 Yes
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