Guadalupe T. Luna Legal Realism and the Treaty of Guadalupe Hidalgo: a Fractionalized Legal Template 2005 Wisconsin Law Review 519 (2005) This project is rooted in the principles of New Legal Realism, which promotes approaching law from the bottom up while also obligating an examination of legal elites. The driving focus of this inquiry thus stems from the law's marginalizing force through the unequal enforcement of an international peace agreement that terminated the U.S. war... 2005 Most Relevant
JON MICHAEL HAYNES What Is it about Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo 3 Scholar: St. Mary's Law Review on Minority Issues 231 (Spring 2001) I. Introduction. 232 II. Background of Events Leading to War with Mexico. 236 A. A Brief History of Land Grants in the Southwest. 236 B. Manifest Destiny. 238 C. Land in Texas. 240 III. International Law and Treaty Rights. 242 A. International Law. 242 B. Treaty Rights (The Treaty of Guadalupe Hidalgo as Non Self-Executing). 243 IV. The Treaty of... 2001 Most Relevant
Rebecca Tsosie Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights 47 UCLA Law Review 1615 (August, 2000) Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural... 2000 Most Relevant
George A. Martínez Dispute Resolution and the Treaty of Guadalupe Hidalgo: Parallels and Possible Lessons for Dispute Resolution under Nafta 5 Southwestern Journal of Law and Trade in the Americas 147 (Spring 1998) It has been 150 years since the United States and Mexico entered into the Treaty of Guadalupe Hidalgo (Treaty). In 1848, the Treaty ended the war between the United States and Mexico. The Treaty purported to protect certain rights of Mexican citizens in the areas ceded to the United States. Over the years, Mexican-Americans have sought to litigate... 1998 Most Relevant
Christopher David Ruiz Cameron One Hundred Fifty Years of Solitude: Reflections on the End of the History Academy's Dominance of Scholarship on the Treaty of Guadalupe Hidalgo 5 Southwestern Journal of Law and Trade in the Americas 83 (Spring 1998) Science has eliminated distance, Melquíades proclaimed. In a short time, man will be able to see what is happening in any place in the world without leaving his house. -Gabriel García Márquez For most of its one hundred fifty years, the Treaty of Guadalupe Hidalgo has been the scholarly province of history rather than of law professors. Whereas... 1998 Most Relevant
Rodolfo F. Acuña The Treaty of Guadalupe Hidalgo: My Take on the Possible Implications for Today 5 Southwestern Journal of Law and Trade in the Americas 109 (Spring 1998) I am not an expert on the Treaty of Guadalupe Hidalgo. I am not an attorney. I am but a lowly historian. So, I'll begin with a story that the Chicano activist Bert Corona used to tell about another activist who was one day lecturing an audience in Boyle Heights in the 1940s about Kearney's Army of the West and the atrocities it committed upon... 1998 Most Relevant
Cynthia Willis-Esqueda, Ph.D. Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias 67 UCLA Law Review 1204 (November, 2020) Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it...; Search Snippet: ...of Texas by the United States in 1845 and the Treaty of Guadalupe Hidalgo in 1848. [FN12] These events are important for two... 2020  
Richard Delgado , Jean Stefancic Borders by Consent: a Proposal for Reducing Two Kinds of Violence in Immigration Practice 52 Arizona State Law Journal 337 (Summer, 2020) We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate--and make sense--only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders...; Search Snippet: ...14 (2008) (discussing the residue of the War, including the Treaty of Guadalupe-Hidalgo that ended it); Guadalupe T. Luna, Chicana/Chicano Land Tenure in the Agrarian Domain... 2020  
Jasmine B. Gonzales Rose Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection 44 New York University Review of Law and Social Change 309 (2020) Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too...; Search Snippet: ...were indigenous to the Southwest prior to 1848 when the Treaty of Guadalupe Hidalgo made it part of the United States, [FN122] or... 2020  
Emily Lamm Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race 26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B....; Search Snippet: ...of racial classification. [FN162] In sharp contrast, other courts rejected racial categories that were constructed through the political process. In the... 2020  
Marc E. Jácome Human Rights on the Border: a Critical Race Analysis of Hernandez V. Mesa 67 UCLA Law Review 1268 (November, 2020) This Comment presents a historical investigation of the violence that establishes nationstate borders. The analysis deconstructs the U.S.--Mexico border through the 2010 shooting of Sergio Adrián Hernández Güereca, and asks how the framework of human rights may provide justice for this tragedy. In 2015, the Fifth Circuit for the U.S. Court of...; Search Snippet: ...and outside are part of a long history of colonial racism that continues to this day. Although seldom associated with colonialism... 2020  
Philip Lee A Wall of Hate: Eminent Domain and Interest-convergence 84 Brooklyn Law Review 421 (Winter, 2019) On day one, we will begin working on an impenetrable, physical, tall, powerful, beautiful southern border wall. --Donald Trump Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who... 2019  
John Tehranian Changing Race: Fluidity, Immutability, and the Evolution of Equal-protection Jurisprudence 22 University of Pennsylvania Journal of Constitutional Law 1 (November, 2019) One of the bedrock principles of American constitutional jurisprudence is its commitment to provide heightened scrutiny to laws that distinguish amongst us on the basis of certain immutable traits. But race--the very trait that has historically received the most searching form of scrutiny under modern equal-protection doctrine--is far more fluid... 2019  
Carrie L. Rosenbaum Crimmigration--structural Tools of Settler Colonialism 16 Ohio State Journal of Criminal Law 9 (Fall, 2018) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018  
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  
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction.... 2014  
Margaret E. Montoya Máscaras Y Trenzas: Reflexiones Un Proyecto De Identidad Y Análisis a Través De Veinte Años 32 Chicana/o-Latina/o Law Review 7 (2014) Using Spanish to Wrestle Brown Space into White Space On the street at night I whistled popular tunes from the Beatles and Vivaldi's Four Seasons. The tension drained from people's bodies when they heard me. Brent Staples, quoted by Claude M. Steele From their inception, names--including first names, surnames, names of groups, and even story, book,... 2014  
Yxta Maya Murray From Here I Saw What Happened and I Cried: Carrie Mae Weems' Challenge to the Harvard Archive 8 Unbound: Harvard Journal of the Legal Left 1 (2012-2013) Who owns the violent past? In the early 1990s, New York artist Carrie Mae Weems traveled to Harvard University's Peabody Museum of Archaeology and Ethnology to see some mysterious photographs. Entering into the archives, she first signed a contract promising not to use any Peabody images without permission. She next found herself staring down at... 2013  
Margaret E. Montoya Máscaras Y Trenzas: Reflexiones Un Proyecto De Identidad Y Análisis a Través De Veinte Adnos 36 Harvard Journal of Law & Gender 469 (Summer 2013) On the street at night I whistled popular tunes from the Beatles and Vivaldi's Four Seasons. The tension drained from people's bodies when they heard me. Brent Staples, quoted by Claude M. Steele From their inception, names--including first names, surnames, names of groups, and even story, book, and academic article titles--are embedded with... 2013  
Gregory J. Hobbs, Jr. Personal Memoir: Judge William E. Doyle and Governor Ralph L. Carr; Peers for Equal Justice 90 Denver University Law Review 1121 (2013) In this personal recollection, Justice Hobbs relates how clerking for Judge William E. Doyle early in the history of the Keyes case eventually led Justice Hobbs to serving on the Colorado Supreme Court. Justice Hobbs compares Judge Doyle to Governor Ralph Carr as peers for justice who upheld the civil rights of others, despite being reviled by many... 2013  
Khiara M. Bridges The Dangerous Law of Biological Race 82 Fordham Law Review 21 (October, 2013) The idea of biological race--a conception of race that postulates that racial groups are distinct, genetically homogenous units--has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals.... 2013  
Gerald P. López , Art by Andrea Matsuoka Don't We like Them Illegal? 45 U.C. Davis Law Review 1711 (June, 2012) To celebrate Keith Aoki, the editors of the UC Davis Law Review invited participation in this special issue. Keith would not likely agree with all this Article says, but I write to honor his life and his work. Thank you for the privilege. Introduction. 1713 I. The Prevailing Theory of Undocumented Mexican Migration. 1720 A. Coming to Appreciate the... 2012  
Dr. William Arrocha From Arizona's S.b. 1070 to Georgia's H.b. 87 and Alabama's H.b. 56: Exacerbating the Other and Generating New Discourses and Practices of Segregation 48 California Western Law Review 245 (Spring 2012) Segregation is the adultery of an illicit intercourse between injustice and immorality. --Dr. Martin Luther King Jr. In 2006, Laine Lawless, one of the founding members of the Minuteman movement, encouraged the leadership of the Neo-Nazi National Socialist Movement (NSM) to launch a campaign of violence against illegal aliens (i.e., Hispanics)... 2012  
Camilo M. Ortiz Latinos Nowhere in Sight: Erased by Racism, Nativism, the Black-white Binary, and Authoritarianism 13 Rutgers Race & the Law Review 29 (2012) In May 2010, two weeks after the Arizona state legislature passed Senate Bill 1070 (SB 1070), Juan Varela was fatally shot in the neck by his next door neighbor, Gary Kelley. Prior to the killing, Kelley had repeatedly said to Varela, Hurry up and go back to Mexico, or you're gonna die[!] It is uncertain what specific events led Kelley to shoot... 2012  
Douglas M. Coulson Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States V. Cartozian 2 University of Miami Race & Social Justice Law Review 117 (2012) Introduction. 119 The Legal and Historical Conte xt of Cartozian. 131 The Cartozian Trial: A Story of Persecution and Martyrdom. 143 The Historical Interpretation of Race and the Problem of Narrativity in Judge Wolverton's Opinion. 166 Transcending Racial Divisions by Unifying Against Common Enemies. 178 2012  
Paul Frymer Building an American Empire: Territorial Expansion in the Antebellum Era 1 UC Irvine Law Review 913 (September, 2011) I. Race and American Expansion: Incorporating Versus Removing. 920 II. Land Policy and State Authority. 929 A. Residence and Defense. 935 III. The Legal Framework for Removal. 941 A. Property Law. 943 B. Federalism. 947 C. The Supreme Court. 949 IV. Conclusion: Indian Removal and the End of the First Phase of American Empire. 953 2011  
SpearIt Enslaved by Words: Legalities & Limitations of "Post-racial" Language 2011 Michigan State Law Review 705 (2011) Introduction. 706 I. The Temple of Taxonomy: Built on Sand. 708 A. Race & Color in the Language of Law. 710 1. Constitutions. 710 2. Statutes. 714 3. The U.S. Census. 720 B. Legal & Social Constructions of Whiteness. 726 II. Structural Racism. 729 A. The Politics of Naming. 730 1. Objectifying the Other. 732 2. Ritualizing Otherness. 734 B.... 2011  
Martha S. Jones, University of Michigan, Ann Arbor What Blood Won't Tell: a History of Race on Trial in America. By Ariela J. Gross. Cambridge, Ma: Harvard University Press, 2008. 368 Pp. $29.95 Cloth; $18.95 Paper 44 Law and Society Review 877 (September/December, 2010) In 2008, the myth of a one-drop rule in the United States proved its persistence. Commentators scrutinized Barack Obama, resorting to that slim analytic to wedge the presidential candidate's pedigree into a box defined by race as blood quantum. It is no surprise perhaps to hear such a simplified analysis from political pundits. But the one-drop... 2010  
Kif Augustine-Adams, Brigham Young University Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race, New York: New York University Press, 2007. Pp. 272. $35.00 Cloth (Isbn 0-8147-3174-1); $21.00 Paper (Isbn 0-8147-3205-4) 27 Law and History Review 231 (Spring, 2009) By titling her book, Manifest Destinies: The Making of the Mexican American Race, Laura Gómez clearly sets forth the analytic trajectory of her project. Over the course of time, complex institutional and interpersonal interactions-- legal, social, political and economic--in the Mexican territories conquered by the United States in 1848, and most... 2009  
Robert F. Castro Law, Non-linear Racialization, and Asymmetrical Hierarchies in the American West: an Ode to Manifest Destinies 10 Rutgers Race & the Law Review 469 (2009) Professor Laura Gómez has written a lean and bold book, Manifest Destinies. With lawyerly prose, she succinctly re-creates Mexican American history by weaving together detailed, often times poignant, socio-legal narratives. Like the red chile ristras that adorn her native New Mexico, Gómez carefully strings together these narratives into an... 2009  
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