| Author | Title | Citation | Summary | Year | Key Terms |
| Susan Scafidi |
Native Americans and Civic Identity in Alta California |
75 North Dakota Law Review 423 (1999) |
One year after California successfully petitioned for statehood, news surfaced in the southern part of the state that a shrewd Indian named Roane was impersonating an American alcalde. While this unauthorized assumption of administrative and perhaps judicial functions may or may not have proven lucrative for the purported office-holder, it... |
1999 |
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| Kevin R. Johnson |
An Essay on Immigration, Citizenship, and U.s./mexico Relations: the Tale of Two Treaties |
5 Southwestern Journal of Law and Trade in the Americas 121 (Spring 1998) |
The 1990s have been fascinating times for study of United States-Mexico relations. In the decade's early years, public discussion in the United States centered on the ratification of the North American Free Trade Agreement (NAFTA), a controversial trade accord between the United States, Mexico, and Canada. The NAFTA debate in the United States... |
1998 |
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| Guadalupe T. Luna |
Chicana/chicano Land Tenure in the Agrarian Domain: on the Edge of a "Naked Knife" |
4 Michigan Journal of Race and Law 39 (Fall 1998) |
Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and... |
1998 |
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| 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 |
yes |
| Robert S. Chang |
Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? |
5 Asian Law Journal 41 (May, 1998) |
Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... |
1998 |
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| Jean Stefancic |
Latino and Latina Critical Theory: an Annotated Bibliography |
10 La Raza Law Journal 423 (Spring 1998) |
Latino/a critical scholarship, though largely ignored, has been around for a long time. One might say that its progenitor was Rodolfo Acuña, whose book Occupied America, originally published in 1972, is now in its third edition. Acuña was the first scholar to reformulate American history to take account of U.S. colonization of land formerly held by... |
1998 |
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| Gloria Sandrino-Glasser |
Los Confundidos: De-conflating Latinos/as' Race and Ethnicity |
19 Chicano-Latino Law Review 69 (Spring 1998) |
Introduction. 71 I. Latinos: A Demographic Portrait. 75 A. Latinos: Dispelling the Legacy of Homogenization. 75 B. Los Confundidos: Who are We? (?Quién Somos?). 77 1. Mexican-Americans: The Native Sons and Daughters. 77 2. Mainland Puerto Ricans: The Undecided. 81 3. Cuban-Americans: Last to Come, Most to Gain. 85 II. The Conflation: An Overview.... |
1998 |
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| 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 |
yes |
| Ian F. Haney López |
Race, Ethnicity, Erasure: the Salience of Race to Latcrit Theory |
10 La Raza Law Journal 57 (Spring 1998) |
On September 20, 1951, an all-White grand jury in Jackson County, Texas indicted twenty-six-year-old Pete Hernández for the murder of another farm worker, Joe Espinosa. Gus García and John Herrera, lawyers with the League of United Latin American Citizens (LULAC), a Mexican-American civil rights organization, took up Hernández's case, hoping to use... |
1998 |
|
| Kevin R. Johnson |
Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness |
73 Indiana Law Journal 1111 (Fall, 1998) |
L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... |
1998 |
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| 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 |
yes |
| 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 |
|
| John O. Calmore |
Exploring Michael Omi's "Messy" Real World of Race: an Essay for "Naked People Longing to Swim Free" |
15 Law & Inequality: A Journal of Theory and Practice 25 (Winter 1997) |
The real world is messy with no clear answers. Nothing demonstrates this convolution better than the social construction of racial and ethnic categories. --Michael Omi What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your... |
1997 |
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| Jean Stefancic |
Latino and Latina Critical Theory: an Annotated Bibliography |
85 California Law Review 1509 (October, 1997) |
Latino/a critical scholarship, though largely ignored, has been around for a long time. One might say that its progenitor was Rodolfo Acuña, whose book Occupied America, originally published in 1972, is now in its third edition. Acuña was the first scholar to reformulate American history to take account of U.S. colonization of land formerly held by... |
1997 |
|
| Ian F. Haney López |
Race, Ethnicity, Erasure: the Salience of Race to Latcrit Theory |
85 California Law Review 1143 (October, 1997) |
On September 20, 1951, an all-White grand jury in Jackson County, Texas indicted twenty-six-year-old Pete Hernández for the murder of another farm worker, Joe Espinosa. Gus García and John Herrera, lawyers with the League of United Latin American Citizens (LULAC), a Mexican-American civil rights organization, took up Hernández's case, hoping to use... |
1997 |
|
| 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 |
|
| 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 |
|
| Alex M. Johnson, Jr. |
Destabilizing Racial Classifications Based on Insights Gleaned from Trademark Law |
84 California Law Review 887 (July, 1996) |
As I stepped onto the bus one early morning, the driver, a young black man, said I was a dime short. I was positive I had deposited the proper fare. I did a slight burn, though concealed. To avoid an unpleasant exchange, I fished out another dime and dropped it into the box. My annoyance, trivial though the matter was, stayed with me for the rest... |
1996 |
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| Luis Angel Toro |
A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classification in Omb Directive No. 15 |
26 Texas Tech Law Review 1219 (1995) |
I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... |
1995 |
|
| Jane E. Larson |
Free Markets Deep in the Heart of Texas |
84 Georgetown Law Journal 179 (December, 1995) |
You can come down here and talk of subjection, but he's as free as a bird of the air. Don't come down here from the north and describe the poverty of the Mexicans at the back door of the white man's high civilization. Don't forget that he's an independent individual. There never lived a person in such freedom.... There's no arrogance, there's no... |
1995 |
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| 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 |
|
| Yvonne Gonzalez Rogers |
Reapportionment and Latino Political Power in California in the Wake of the 1990 Census |
5 La Raza Law Journal 28 (Spring, 1992) |
INTRODUCTION. 29 I. THE PROBLEM. 30 A. Definitions and Techniques. 30 B. Historic Discrimination Against Latinos. 32 II. NORMATIVE MODELS OF REPRESENTATIVE GOVERNMENT. 35 A. Madisonian Republicanism. 35 B. Proportional Representation. 38 III. DESCRIPTIVE APPLICATIONS OF THE NORMATIVE MODELS. 40 A. One Person, One Vote Doctrine. 40 B. Voting Rights... |
1992 |
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