AuthorTitleCitationSummaryYearKey Terms
Ariela J. Gross Texas Mexicans and the Politics of Whiteness 21 Law and History Review 195 (Spring, 2003) These two fascinating articles seek to fill an important lacuna in the burgeoning literature on the legal construction of whiteness. While LatCrit theorists in the legal academy have urged civil rights scholars and race critics to transcend the black-white paradigm of U.S. race studies, the majority of legal histories of whiteness have focused on... 2003  
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  
Ariela J. Gross The Caucasian Cloak: Mexican Americans and the Politics of Whiteness in the Twentieth-century Southwest 95 Georgetown Law Journal 337 (January, 2007) The history of Mexican Americans and Jim Crow in the Southwest suggests the danger of allowing state actors or private entities to discriminate on the basis of language or cultural practice. Race in the Southwest was produced through the practices of Jim Crow, which were not based explicitly on race, but rather on language and culture inextricably... 2007  
Ediberto Román The Citizenship Dialectic 20 Georgetown Immigration Law Journal 557 (Summer, 2006) I. Introduction. 558 II. The Classic Construction of Citizenship. 563 A. Citizenship's Equality Component. 564 B. The Exclusionary Aspect. 568 C. The Modern Construction. 572 III. Subordinates in Law. 579 A. The Indigenous People. 580 B. The Territorial Island Inhabitants. 585 IV. Subordinates in Fact?. 589 A. African-Americans. 589 B. Mexican... 2006  
Nancy MacLean The Civil Rights Act and the Transformation of Mexican American Identity and Politics 18 Berkeley La Raza Law Journal 123 (2007) Whether Mexicans are whites or people of color, the veteran activist Bert Corona once observed, has been a thorny issue for years. The issue was above all a political one: whether to form coalitions with African Americans, in particular, on the basis of non-white identity, or pursue a go-at-it-alone strategy to seek advancement through... 2007  
Vijay Sekhon The Civil Rights of "Others": Antiterrorism, the Patriot Act, and Arab and South Asian American Rights in Post-9/11 American Society 8 Texas Forum on Civil Liberties and Civil Rights 117 (Spring 2003) I woke up early on the morning of September 11, 2001, 5:45 AM PST, to get some studying in before class, and as I logged onto the Internet, I felt the terror that had already consumed the Eastern part of the United States. I turned on my television set just in time to witness the second plane crash into the World Trade Center (6:03 AM PST). The... 2003  
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  
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  
Kevin R. Johnson The End of "Civil Rights" as We Know It?: Immigration and Civil Rights in the New Millennium 49 UCLA Law Review 1481 (June, 2002) This Article considers how emerging critical scholarship contributes to our understanding of the civil rights implications of immigration law and its enforcement. It further analyzes how immigration generates, and will continue to generate, new civil rights controversies in the United States for the foreseeable future. The nation has only begun to... 2002  
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  
Enid Trucios-Gaynes The Legacy of Racially Restrictive Immigration Laws and Policies and the Construction of the American National Identity 76 Oregon Law Review 369 (Summer 1997) the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... 1997  
Jonathan C. Drimmer The Nephews of Uncle Sam: the History, Evolution, and Application of Birthright Citizenship in the United States 9 Georgetown Immigration Law Journal 667 (Fall, 1995) If it should rain one night And they should chance to sight Pallid or swarthy faces Of uncongenial races They'll maybe chop them up to make some beefsteak tartare. Citizenship matters. Its importance does not lie exclusively in a delineation of rights, whereby citizens receive an abundance of protections not afforded to non-citizens. Rather,... 1995  
Kristi L. Bowman The New Face of School Desegregation 50 Duke Law Journal 1751 (April, 2001) In 1998, the balance tipped: for the first time, Latinos and Latinas comprised a greater percentage of the national school-age population than did African Americans. Within forty years, Whites will become a statistical minority in the United States' school-age population --and in an increasing number of public school districts. In Hawaii, New... 2001  
Rachel Anderson, Marc-Tizoc González, Stephen Lee Toward a New Student Insurgency: a Critical Epistolary 94 California Law Review 1879 (December, 2006) We decided to embark upon this collaborative correspondence in 2005, the year we graduated from the University of California, Berkeley School of Law (Boalt). We entered Boalt at a time of crisis in both the California and national public education systems. Locally, the state had taken over school districts for failing to achieve test scores... 2006  
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  
David Boyle Unsavory White Omissions? A Review of Uncivil Wars 105 West Virginia Law Review 655 (Spring 2003) Introduction. 656 I. A Summary of Uncivil Wars. 661 II. Horowitz's Self-Victimology: The Whine This Time. 671 III. Horowitz's Incivility in Uncivil Wars. 676 IV. Reasons Against Reparations in Horowitz's Advertisement and Uncivil Wars. 682 A. The Advertisement. 682 1. There Is No Single Group Responsible for the Crime Of Slavery. 682 2. There... 2003  
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  
Rachel F. Moran What If Latinos Really Mattered in the Public Policy Debate? 10 La Raza Law Journal 229 (Spring 1998) The Articles that discuss Policy, Politics, & Praxis try to answer a fundamental question: What if Latinos really mattered in the public policy debate? For this question to be of interest, there first must be an identifiable Latino constituency with common public policy concerns. In the section on Race, Ethnicity, & Nationhood, Professors Ian... 1998  
Rachel F. Moran What If Latinos Really Mattered in the Public Policy Debate? 85 California Law Review 1315 (October, 1997) The Articles that discuss Policy, Politics, & Praxis try to answer a fundamental question: What if Latinos really mattered in the public policy debate? For this question to be of interest, there first must be an identifiable Latino constituency with common public policy concerns. In the section on Race, Ethnicity, & Nationhood, Professors Ian... 1997  
Dana V. Kaplan Women of the West: the Evolution of Marital Property Laws in the Southwestern United States and Their Effect on Mexican-american Women 26 Women's Rights Law Reporter 139 (Spring-Summer 2005) Colonialism and conquest are inevitably tied to clashes of culture and law. It was no different when the United States defeated Mexico in 1848 and captured what has become the American Southwest. The role women played in this clash of societies must be considered in the context of the swiftly changing legal status of women in the eastern United... 2005  
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