AuthorTitleCitationSummaryYearKey Terms
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  
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  
Berta Hernandez-Truyol , Angela Harris , Francisco Valdés Beyond the First Decade: a Forward-looking History of Latcrit Theory, Community and Praxis 17 Berkeley La Raza Law Journal 169 (Spring 2006) During the past ten years, the LatCrit community of scholars, students, and social activists have produced twenty law review symposia, including this one. During this time, we also have launched a variety of academic and educational community projects designed to promote antisubordination consciousness and action within, and from, the legal academy... 2006  
Berta Hernández-Truyol, Angela Harris, Francisco Valdés Latcrit X Afterword: Beyond the First Decade: a Forward-looking History of Latcrit Theory, Community and Praxis 26 Chicana/o-Latina/o Law Review 237 (Spring 2006) Introduction. 238 I. A Brief History of LatCrit Precursors. 241 A. Intellectual and Political Sources of LatCrit/CRT. 241 1. Intellectual Sources of LatCrit. 241 2. Political Sources of LatCrit. 248 II. LatCrit: From Concept to Practice. 252 A. Origins: Background Experience and Social Context. 253 B. The First Decade: Learning From Experience.... 2006  
Steven R. Wolfson Racial Profiling in Texas Department of Public Safety Traffic Stops: Race Aware or Race Benign? 8 Scholar: St. Mary's Law Review on Minority Issues 117 (Spring 2006) I. Introduction. 118 II. What is Racial Profiling?. 124 III. Literature Review. 142 IV. Data. 167 V. Statistical Analysis. 173 A. Statewide Cross - Tabulation Comparisons of Searches. 179 1. 2002. 179 2. 2003. 179 B. Statewide Cross-Tabulation Comparisons of Hit Rates. 180 1. 2002. 180 2. 2003. 181 C. Summary Interpretation of Search and Hit Rates.... 2006  
William P. Quigley Revolutionary Lawyering: Addressing the Root Causes of Poverty and Wealth 20 Washington University Journal of Law and Policy 101 (2006) I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a thing-oriented society to a person-oriented society. When machines and computers, profit motives and property rights are considered more important than people, the... 2006  
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  
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  
Adela de la Torre , Rowena Seto Can Culture Replace Race? Cultural Skills and Race Neutrality in Professional School Admissions 38 U.C. Davis Law Review 993 (March, 2005) America is not a land of one race or one class of men. We are Americans that have toiled and suffered and known oppression and defeat. . . . America is not bound by geographical latitudes. America is not merely a land or an institution. America is in the hearts of men that died for freedom; it is also in the eyes of men that are building a new... 2005  
Francisco Valdes City and Citizen: Community-making as Legal Theory and Social Struggle 52 Cleveland State Law Review 1 (2005) I. Introduction. 1 II. Operations of Power: Expanding the Critiques of Identity in Law and Culture. 3 A. City and Citizenship: Between and Beyond the Nation-State. 7 B. Race, Ethnicity and Gender: Identity Ideologies in Law and Culture. 14 C. Identity, Discourse and Society: Mapping the Lines of Critical Inquiry. 22 D. Migration, Land and Labor:... 2005  
Thomas W. Mitchell Destabilizing the Normalization of Rural Black Land Loss: a Critical Role for Legal Empiricism 2005 Wisconsin Law Review 557 (2005) I am an invisible man. No, I am not a spook like those who haunted Edgar Allan Poe; nor am I one of your Hollywood-movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Just like the unnamed narrator in Ralph... 2005  
Leti Volpp Divesting Citizenship: on Asian American History and the Loss of Citizenship Through Marriage 53 UCLA Law Review 405 (December, 2005) This Article narrates a sorely neglected legal history, that of the intersection between race, gender, and American citizenship through the first third of the twentieth century. It is a little known fact that marriage once functioned to exile U.S. citizen women from their country; moreover, how racial barriers to citizenship shaped expatriation and... 2005  
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  
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  
Robert S. Chang , Jerome M. Culp, Jr. Business as Usual? Brown and the Continuing Conundrum of Race in America 2004 University of Illinois Law Review 1181 (2004) In this article, Professors Robert Chang and Jerome Culp examine the state of race in America in the aftermath of the landmark Supreme Court decision of Brown v. Board of Education. Their findings reveal that while Brown established fundamental precedent in the area of race relations, racial inequality remains entrenched in a number of modern... 2004  
Anthony V. Alfieri Color/identity/justice: Chicano Trials 53 Duke Law Journal 1569 (March, 2004) A Review of Racism on Trial: The Chicano Fight for Justice, by Ian F. Haney López (Belknap Press of Harvard University Press, 2003). The color line has come to seem a fiction, so little do we apprehend its daily mayhem. This Book Review seeks to rectify in small measure the omission of color from American documents of black/white legal and... 2004  
Richard Delgado Locating Latinos in the Field of Civil Rights: Assessing the Neoliberal Case for Radical Exclusion 83 Texas Law Review 489 (December, 2004) Poor Latinos! Nobody loves them. Think-tank conservatives like Peter Brimelow, joined by a few liberals and a host of white supremacist websites, have been warning against the Latino threat: Because our dark-haired friends from south of the border insist on preserving their peculiar language and ways, they endanger the integrity of our Anglocentric... 2004  
Thomas A. Saenz Mendez and the Legacy of Brown: a Latino Civil Rights Lawyer's Assessment 19 Berkeley Women's Law Journal 395 (2004) While we appropriately celebrate the fiftieth anniversary of the revolutionary Supreme Court decision in Brown v. Board of Education, this is also an occasion, particularly for the Mexican-American community, to reflect on two other important twentieth-century civil rights cases: Mendez v. Westminster School District, and Hernandez v. Texas.... 2004  
Thomas A. Saenz Mendez and the Legacy of Brown: a Latino Civil Rights Lawyer's Assessment 6 African-American Law and Policy Report 194 (2004) While we appropriately celebrate the fiftieth anniversary of the revolutionary Supreme Court decision in Brown v. Board of Education, this is also an occasion, particularly for the Mexican-American community, to reflect on two other important twentieth-century civil rights cases: Mendez v. Westminster School District, and Hernandez v. Texas.... 2004  
Thomas A. Saenz Mendez and the Legacy of Brown: a Latino Civil Rights Lawyer's Assessment 11 Asian Law Journal 276 (May, 2004) While we appropriately celebrate the fiftieth anniversary of the revolutionary Supreme Court decision in Brown v. Board of Education, this is also an occasion, particularly for the Mexican-American community, to reflect on two other important twentieth-century civil rights cases: Mendez v. Westminster School District, and Hernandez v. Texas.... 2004  
Thomas A. Saenz Mendez and the Legacy of Brown: a Latino Civil Rights Lawyer's Assessment 15 Berkeley La Raza Law Journal 67 (Spring 2004) While we appropriately celebrate the fiftieth anniversary of the revolutionary Supreme Court decision in Brown v. Board of Education, this is also an occasion, particularly for the Mexican-American community, to reflect on two other important twentieth-century civil rights cases: Mendez v. Westminster School District, and Hernandez v. Texas.... 2004  
Clare Sheridan Another White Race: Mexican Americans and the Paradox of Whiteness in Jury Selection 21 Law and History Review 109 (Spring, 2003) Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. Hirabayashi v. U.S. In 1954, seventy-four years after the U.S. Supreme Court held that African Americans could not be banned from jury service by statute, and fifty-four years... 2003  
Steven H. Wilson Brown over "Other White": Mexican Americans' Legal Arguments and Litigation Strategy in School Desegregation Lawsuits 21 Law and History Review 145 (Spring, 2003) The landmark 1954 decision Brown v. Board of Education has shaped trial lawyers' approaches to litigating civil rights claims and law professors' approaches to teaching the law's powers and limitations. The court-ordered desegregation of the nation's schools, moreover, inspired subsequent lawsuits by African Americans aimed variously at ending... 2003  
Kenya Hart Defending Against a "Death by English" : English-only, Spanish-only, and a Gringa's Suggestions for Community Support of Language Rights 14 Berkeley La Raza Law Journal 177 (Fall 2003) Introduction. 178 I. Language Minorities and Language Legislation in the United States. 182 A. Immigrants and Immigration. 182 B. Minority Languages. 184 C. The English-Only Movement. 185 II. English-Only, Spanish-Only, and First Amendment Interests. 189 A. Article 28 and Yniguez v. Arizonans for Official English. 191 1. Article 28 of the Arizona... 2003  
Eric A. Posner , Adrian Vermeule Reparations for Slavery and Other Historical Injustices 103 Columbia Law Review 689 (April, 2003) Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there... 2003  
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  
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  
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  
Francisco Valdes Barely at the Margins: Race and Ethnicity in Legal Education--a Curricular Study with Latcritical Commentary 13 Berkeley La Raza Law Journal 119 (Fall 2002) Introduction. 119 I. Background and Methodology. 124 II. Summary of Combined Findings--2000 and 2001. 131 A. Primary Courses: Latinas/os and the Law Courses. 133 B. Related Courses: Critical Race Theory Courses. 135 C. Related Courses: Race, Racism and Race Relations Courses. 135 D. Related Courses: Mainstream Doctrinal Courses. 136 E.... 2002  
Laura E. Gómez Race Mattered: Racial Formation and the Politics of Crime in Territorial New Mexico 49 UCLA Law Review 1395 (June, 2002) In this Article, Professor Gómez elaborates on Michael Omi and Howard Winant's theory of racial formation. First, she provides an empirical application of the theory to a particular legal context: criminal litigation in late-nineteenth-century New Mexico. Second, while Omi and Winant emphasize the theory's fit with mid- and late-twentieth-century... 2002  
Pedro A. Malavet Reparations Theory and Postcolonial Puerto Rico: Some Preliminary Thoughts 13 Berkeley La Raza Law Journal 387 (Fall 2002) Introduction: Why Are You Here?. 387 I. Rotating Centers in the Reparations Discourse: The Sensitive Matter of Race. 393 II. Reparations Theory Through a LatCrit Lens. 399 A. The Legislation-Litigation Paradox for Reparations. 399 B. Constructing a LatCritical Meaning for Reparations. 404 C. Re/Creating Citizenship for Oppressed Groups Through... 2002  
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  
Sylvia R. Lazos Vargas History, Legal Scholarship, and Latcrit Theory: the Case of Racial Transformations circa the Spanish American War, 1896-1900 78 Denver University Law Review 921 (2001) The period from 1896 to 1900, the period prior to, during, and immediately following the Spanish American War, which became known to Americans as the splendid little war, was a momentous time. An in-depth study of this five-year period--the events leading to the Spanish American War, the War itself and its aftermath--yields a rich and deep... 2001  
Elizabeth M. Iglesias , Francisco Valdes Latcrit at Five: Institutionalizing a Postsubordination Future 78 Denver University Law Review 1249 (2001) I. Reflections on LatCrit Theory and Consciousness: Five Years of Intellectual Journeys A. Origins: An Overview B. Coming Together: Moments and Notes of Collective Learning 1. LatCrit V: From Class-versus-Identity to Critical Coalitional Communities 2. Race and Ethnicity: From Domestic Paradigms to International Contexts II. LatCrit Praxis:... 2001  
Ediberto Román Members and Outsiders: an Examination of the Models of United States Citizenship as Well as Questions Concerning European Union Citizenship 9 University of Miami International and Comparative Law Review 81 (2000/2001) I. L2-3,T3Introduction 81 II. L2-3,T3The Scope of American Citizenship 82 III. L2-3,T3The Models of United States Citizenship 88 A. The True Fourteenth Amendment Citizens. 89 B. The Other Fourteenth Amendment Citizens. 90 C. The Alien-Citizens. 100 IV. L2-3,T3European Union Citizenship 107 V. L2-3,T3Conclusion 113 2001  
Ian F. Haney Lopez Protest, Repression, and Race: Legal Violence and the Chicano Movement 150 University of Pennsylvania Law Review 205 (November, 2001) Until the late 1960s, the Mexican community in the United States thought of itself as racially White. That is not how Anglos thought of Mexicans, of course. Largely beginning with the nineteenth-century period of intense Anglo-Mexican conflict in the Southwest, Anglo society perceived Mexicans as racially separate and inferior. By the 1920s, the... 2001  
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  
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 yes
Richard Delgado ; Jean Stefancic California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education 47 UCLA Law Review 1521 (August, 2000) Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California. Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present, Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose. The authors write... 2000  
Kevin R. Johnson Celebrating Latcrit Theory: What Do We Do When the Music Stops? 33 U.C. Davis Law Review 753 (Summer, 2000) let us be the key that opens new doors to our people let tomorrow be today yesterday has never left let us all right now take the first step: let us finally arrive at our Promised Land! The fourth annual critical Latina/o theory conference (LatCrit IV) entitled Rotating Centers, Expanding Frontiers: LatCrit Theory and Marginal Intersections,... 2000  
Guadalupe T. Luna Chicanas/os, "Liberty" and Roger B. Taney 12 University of Florida Journal of Law and Public Policy 33 (Fall, 2000) Get but the truth once uttered, and 'tis like A star new born, that drops into its place, And which, once circling in its placid round, Not all the tumult of the earth can shake This essay brings us back to 1848, a period in the nation's history in which property rights were closely identified with the blessings of liberty. Barely sixty years had... 2000  
Richard Delgado Derrick Bell's Toolkit--fit to Dismantle That Famous House? 75 New York University Law Review 283 (May, 2000) Does United States antidiscrimination law embrace a black/white binary paradigm of race, in which other, nonblack minority groups must compare their treatment to that of African Americans in order to gain redress? In this Derrick Bell Lecture, Professor Richard Delgado argues that it does, and that other minorities also fall from time to time into... 2000  
Angela P. Harris Equality Trouble: Sameness and Difference in Twentieth-century Race Law 88 California Law Review 1923 (December, 2000) Introduction. 1925 I. The First Reconstruction: Prelude to the Twentieth Century. 1930 A. The Legal Structure of the First Reconstruction. 1931 B. Dismantling Reconstruction: The Southern Redemption. 1936 II. Race Law in the Age Of Difference. 1937 A. Civilization and Self-Determination: The Increasing Importance of Race. 1938 B. Race Law and... 2000  
Ian F. Haney López Institutional Racism: Judicial Conduct and a New Theory of Racial Discrimination 109 Yale Law Journal 1717 (June, 2000) I. Introduction. 1721 II. Discrimination in the Selection of Los Angeles County Grand Jurors. 1730 A. Discretion Codified. 1730 B. Judicial Practice: Friends and Neighbors. 1732 C. Inside the Circle. 1735 D. Outside the Circle. 1737 E. Extraracial Discrimination. 1740 F. Discrimination by the Numbers. 1741 G. Jury Discrimination and the... 2000  
George A. Martinez Introduction 33 U.C. Davis Law Review 787 (Summer, 2000) The U.C. Davis Law Review is an especially appropriate venue for this LatCrit Symposium. The Law Review recognized early on the significance of legal discourse focused on Latinos and published some of the early LatCrit works. It seems appropriate to acknowledge the pioneering work of law reviews, just as Kevin Johnson has suggested in the Foreword... 2000  
Pedro A. Malavet Puerto Rico:cultural Nation, American Colony 6 Michigan Journal of Race and Law 1 (Fall 2000) INTRODUCTION. 2 I. Historical Development of the Legal Relationship between Puerto Rico and the Estados Unidos de Norteamérica (U.S.A.). 11 A. Historical Antecedents: The First Colony. 12 B. The Second Colony: Development of the United States-Puerto Rico Legal Regime. 21 1. Booty of the Spanish-American War. 21 2. Legal Consequences of the New... 2000  
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 yes
Kevin R. Johnson ; George A. Martínez Crossover Dreams: the Roots of Latcrit Theory in Chicana/o Studies Activism and Scholarship 53 University of Miami Law Review 1143 (July, 1999) As the century comes to a close, critical Latina/o theory has branched off from Critical Race Theory. This article considers how this burgeoning body of scholarship finds its roots in a long tradition of Chicana/o activism and scholarship, particularly the work of Chicana/o Studies professors. In the critical study of issues of particular... 1999  
Albert M. Camarillo Gratz, et Al. V. Bollinger, et Al., No. 97-75321 (E.d. Mich.)Grutter, et Al. V. Bollinger, et Al, No. 97-75928 (E.d. Mich.) 1. My Name Is Albert M. Camarillo. I Am Professor of History and Director of the Center for Comparative Studies in Race and Ethnici 5 Michigan Journal of Race and Law 339 (Fall 1999) 2. I received my A.B. degree and Ph.D. degree from the University of California at Los Angeles in 1970 and 1975 respectively. A detailed record of my professional qualifications and scholarly achievements is set forth in the attached curriculum vitae, including a list of publications, awards, research grants, and professional activities. 3. I have... 1999  
Kevin R. Johnson Lawyering for Social Change: What's a Lawyer to Do? 5 Michigan Journal of Race and Law 201 (Fall 1999) INTRODUCTION. 201 I. Litigation Versus Politics in Tying Theory to Practice. 206 II. The Duties of Lawyers to Clients as a Constraint on Social Change. 215 A. Conceptions of the Social Change Attorney and the Attorney's Professional Responsibilities to Clients. 217 1. The Zealous Advocate. 217 2. The Impact Lawyer. 220 3. The Critical Lawyer. 222... 1999  
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