AuthorTitleCitationSummaryYearKey Terms
April Guevara Espinoza HUMANIZING THE MEXICAN MIGRANT 20 Northwestern Journal of Law & Social Policy 1 (Fall, 2024) Given the past election season and craze about the immigration crisis, it is of paramount importance to reflect on how and why migrants, particularly Mexican migrants, are positioned as less than in our society. Immigration is more than a political platform issue; it concerns real people whose real lives are affected. Mexican migrants are used... 2024  
Diane Kemker, J.D., LL.M USING A "MOVES TO INNOCENCE" APPROACH TO DISSECT AND DEBUNK THE CLAIM THAT CRITICAL RACE THEORY IS ANTISEMITIC 27 Lewis & Clark Law Review 1145 (2024) In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected,... 2024  
Janelle N. Dixon , Tonneka M. Caddell , Apryl A. Alexander , Danielle Burchett , Jaime L. Anderson , Ryan J. Marek , David M. Glassmire ADAPTING ASSESSMENT PROCESSES TO CONSIDER CULTURAL MISTRUST IN FORENSIC PRACTICES: AN EXAMPLE WITH THE MMPI INSTRUMENTS 47 Law and Human Behavior 292 (February, 2023) Objective: Our first goal in this study was to identify cultural mistrust critical items (CMCIs) on two versions of the Minnesota Multiphasic Personality Inventory (MMPI)--the MMPI-Second Edition-Restructured Form (MMPI-2-RF) and MMPI--Third Edition (MMPI-3)--that might be endorsed by people of color because of cultural mistrust rather than... 2023  
Claire Lisker GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS 39 Chicana/o-Latina/o Law Review 183 (2023) C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... 2023  
Monika U. Ehrman NATURAL RESOURCE PROPERTY CUSTOMS 41 UCLA Journal of Environmental Law & Policy 1 (2023) This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... 2023  
Monika U. Ehrman SUPRANATURAL RESOURCE PROPERTY CUSTOMS 41 UCLA Journal of Environmental Law & Policy 1 (2023) This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... 2023  
Gregory Ablavsky GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS 74 Stanford Law Review 277 (February, 2022) Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... 2022  
Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH 31 Southern California Review of Law & Social Justice 1 (Winter, 2022) This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... 2022  
Shira Cohen THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS 93 University of Colorado Law Review 841 (Summer, 2022) Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... 2022 yes
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 yes
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 yes
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 yes
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  
D. Wendy Greene On Race, Nationhood, and Citizenship: Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race--new York University Press, 2007 34 Thurgood Marshall Law Review 421 (Spring, 2009) In response to a marked increase in immigration from South and Central America and a rapidly changing demography, within the past two decades a number of United States news pundits, politicians, and scholars have manufactured media campaigns linking illegal immigration in the United States to individuals of Mexican descent. This portrayal has... 2009  
Francisco Valdes Rebellious Knowledge Production, Academic Activism, & Outsider Democracy: from Principles to Practices in Latcrit Theory, 1995 to 2008 8 Seattle Journal for Social Justice 131 (Fall/Winter 2009) This annual lecture, as the program schedule indicates, is designed to provide a sense of some notable principles and practices that underlie and animate LatCrit theory, praxis, and community as an expression of critical outsider jurisprudence, or OutCrit legal studies. Because the LatCrit community and body of work are multiply diverse,... 2009  
Christina Iturralde Rhetoric and Violence: Understanding Incidents of Hate Against Latinos 12 New York City Law Review 417 (Summer 2009) Sadly, the issue of violence against Latinos is not new. Yet it is an issue that has been documented both in news articles and national reports with increasing frequency over the past few years. For example, a recent report by the Southern Poverty Law Center offers a representative sampling of some of the more egregious examples of physical and... 2009  
Andrés L. Carrillo The Costs of Success: Mexican American Identity Performance Within Culturally Coded Classrooms and Educational Achievement 18 Southern California Review of Law & Social Justice 641 (Fall 2009) Education, then, beyond all other devices of human origin, is the great equalizer of the conditions of men--the balance-wheel of the social machinery. Mexican Americans have fast become the largest segment of students enrolled in California's public education system. From 1981 to 2001, the percentage of Latino students enrolled in public schools... 2009  
Jeanne M. Powers, Lirio Patton Between Mendez and Brown: Gonzales V. Sheely (1951) and the Legal Campaign Against Segregation 33 Law and Social Inquiry 127 (Winter, 2008) On March 26, 1951, three years before the historic Brown decision, in Gonzales v. Sheely (1951), Judge Dave Ling of the United States District Court of Arizona ruled that the segregation of Mexican American students in a separate Mexican School was unconstitutional. In this article, we trace the legal arguments in Gonzales through two prior... 2008  
R.A. Lenhardt Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, and the Fight for Same-sex Marriage 96 California Law Review 839 (August, 2008) Conversations about the constitutionality of prohibitions on marriage for same-sex couples invariably reduce to the question of whether a meaningful analogy can be drawn between restrictions on same-sex marriage and antimiscegenation laws. In an effort to refocus this debate, this article considers the California Supreme Court's 1948 decision in... 2008  
Charles R. Venator Santiago Huntington's White Patriotism and Anzaldua's Brown Nationalism 4 FIU Law Review 33 (Fall, 2008) In recent years, several faculty members of the John F. Kennedy School of Government at Harvard University have been publishing texts that contribute to a politics of backlash. These backlash narratives have been central to the framing of a conservative ideological discourse that has been seeking to overturn the progressive legacies of the New... 2008  
Kai Bartolomeo Immigration and the Constitutionality of Local Self Help: Escondido's Undocumented Immigrant Rental Ban 17 Southern California Review of Law & Social Justice 855 (Summer 2008) And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... 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  
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  
Mark Schiller The History and Adjudication of the Antonio Chávez Grant 48 Natural Resources Journal 1057 (Fall, 2008) The Antonio Chávez Land Grant was a valid Mexican land claim whose adjudication was the basis for Hayes v. United States, 170 U.S. 637 (1898), one of several pivotal Supreme Court cases that unjustly overturned legal presumptions that protected Mexican land grant claimants. In this case, it was the presumption that the official or government body... 2008  
Emily Ludmir Aviad Towards an Inclusive/elusive America: a Response to Huntington's Who Are We? The Challenges to America's National Identity 19 Berkeley La Raza Law Journal 141 (2008) I wrote this critique of Samuel Huntington's 2004 book, Who Are We? The Challenges to America's National Identity, three years ago. As I joined the discourse weighing in on Huntington's passionate call to America to reinvigorate its Anglo-Protestant tradition, the transformative presidential election that would defy Huntington's vision was still in... 2008  
Ediberto Roman Coalitions and Collective Memories: a Search for Common Ground 58 Mercer Law Review 637 (Winter 2007) We're going to take this movement and . . . reach out to the poor people in all directions in this country . . . into the Southwest after Indians, into the West after the Chicanos, into Appalachia after poor whites, and into the ghettos after Negroes and Puerto Ricans. And we are going to bring them together and enlarge this campaign into something... 2007  
Bryan H. Wildenthal Federal Labor Law, Indian Sovereignty, and the Canons of Construction 86 Oregon Law Review 413 (2007) Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... 2007  
Kitty Calavita Immigration Law, Race, and Identity 3 Annual Review of Law and Social Science 1 (2007) ethnicity, naturalization, exclusion, Hurricane Katrina This review examines the scholarship at the intersection of immigration law, race, and identity. Historically, much of the literature has focused on the ways immigration law has constructed, and been constructed by, racial categories. I argue that African American racialization has been a... 2007  
  Plenary Session Transcript 40 U.C. Davis Law Review 1275 (March, 2007) Sunder: We are going to get started with this plenary portion. Thanks to all of you who were part of our discussions during the day. I think we are all quite excited and delighted by what has already taken place here and really looking forward to this dialogue and some debate, too, I am expecting, as we move forward. So we are here to continue and,... 2007  
Judith A.M. Scully Seeing Color, Seeing Whiteness, Making Change: One Woman's Journey in Teaching Race and American Law 39 University of Toledo Law Review 59 (Fall 2007) TEACHING Race, Racism, and American Law is a very personal journey for both teachers and students. My purpose in writing this article is to share my experience teaching Race, Racism, and American Law on both a personal and academic level. Race is a crucial part of our history and identity and yet it is not commonly confronted in law school classes.... 2007  
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