Berkeley La Raza Law Journal最新文献

{"title":"Choosing to Be Multiracial in America: The Sociopolitical Implications of the \"Check All That Apply\" Approach to Race in the 2000 Census","authors":"Alaina R. Walker","doi":"10.15779/Z38J37K","DOIUrl":"https://doi.org/10.15779/Z38J37K","url":null,"abstract":"Race in America has long been a contentious subject, especially when the government has been involved. Race can mean something different to everyone, and yet, it is widely understood as having real implications and consequences. Many scholars understand that race is \"a social construct[:] a social artifact, which results from a process through which social significance is attributed to some contingent attributes like skin color, and whose emergence, salience and influence can be studied and analyzed.\" 2 The government's use of race has ranged from the horrific to the admirable, but has always been controversial. Analyzing the U.S. Census provides an interesting opportunity to discuss some of the significant roles race has played and continues to play in America. Racial data collected from the U.S. Census is currently used for the controversial purpose of furthering civil rights objectives, but some people worry that these objectives are now in danger. Due to the implementation of the \"check all that apply\" approach to the U.S. Census (the ability","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134602354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Underrepresentation of Women of Color in Law Review Leadership Positions","authors":"A. Peralta","doi":"10.15779/Z38NQ2C","DOIUrl":"https://doi.org/10.15779/Z38NQ2C","url":null,"abstract":"The pipeline for women of color joining the law review and ascending into law review leadership positions, such as EIC, is one such site of legal education worth exposing. Part I introduces the problem by examining the limited research that shows a significant underrepresentation of women and people of color in law review leadership positions and by explaining the significance of such research. Part II explores the possible causes of this unfortunate phenomenon by uncovering the challenges that women of color face in obtaining law review leadership positions. Finally, Part III offers potential solutions for increasing opportunities for women of color in obtaining law review leadership positions.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"24 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130686767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rising Arizona: The Legacy of the Jim Crow Southwest on Immigration Law and Policy After 100 Years of Statehood","authors":"K. Campbell","doi":"10.15779/Z385Q2J","DOIUrl":"https://doi.org/10.15779/Z385Q2J","url":null,"abstract":"United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the so-called “Jim Crow Southwest” nonetheless persisted throughout the nineteenth and much of the twentieth century in both the Arizona Territory and the State of Arizona, forming the basis for, and giving shape to, laws meant to exclude and limit the participation of non-White persons in Southwestern society.The State of Arizona, the last of the forty-eight contiguous States to be admitted to the Union, marked its 100th year of statehood on February 14, 2012. A few months later, on June 25, 2012, the United States Supreme Court issued its landmark decision in United States v. Arizona, striking down the majority of Arizona’s aggressive state immigration enforcement law, S.B. 1070, as preempted by federal law. This Article discusses recent developments in Arizona immigration law and policy. By providing an overview of the history of race-based exclusion laws and policies in the Arizona Territory and the State of Arizona, it argues that Arizona’s modern anti-immigrant laws and policies are merely the newest incarnation of the State’s long history of discriminatory laws against racial and ethnic minorities, particularly Latinos and American Indians. In attempting to trace the genesis of racial animus toward non-Whites in the Southwest, Part I provides a historical overview of the Arizona Territory in the nineteenth century, including the development of the New Mexico Territory, the Confederate Territory of Arizona, and the impact of slavery and other race-based discrimination and exclusion laws in the Southwest. Part II discusses twentieth century race and immigration based policies in the Jim Crow Southwest that restricted and segregated the civil rights of non-Whites in the areas of marriage, education, and voting. Part III discusses the continuing legacy of the Jim Crow Southwest on the development of modern immigration law and policy in Arizona, and in particular, the aftermath of S.B. 1070’s passage in April 2010, Arizona’s subsequent rise as “ground zero” for state and local enforcement of immigration law in the United States, and the Supreme Court’s decisions in United States v. Arizona in 2012 and Arizona v. Inter-Tribal Council of Arizona in 2013. Finally, the article concludes by summarizing how the historical evidence presented in this paper rebuts the claim that only in recent years has Arizona begun to “drown[] in a sea of","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129510716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lifting the \"Lamp beside the Golden Door\": An Argument for Immigration Reform, Advocacy, and Transformation Through Testimonios","authors":"R. Federico","doi":"10.15779/Z38PQ19","DOIUrl":"https://doi.org/10.15779/Z38PQ19","url":null,"abstract":"INTRODUCTION ..................... 1....... ............... I I. THE CURRENT LEGAL PARADIGM AND FAILED LEGISLATIVE FIXES.................................................7 II. FACING THE PARADOX: UNDOCUMENTED STUDENTS' STATUS ................................. 1...3......13 A. An Education, but Not a Legal Education .................... 14 B. An Ephemeral Boundary Based on Age......................17 C. Good Moral Character Requirements Under Immigration Law and State Bar Admission ....................................... 20 III. TESTIMONIOS: BEYOND A SINGLE NARRATIVE ... .............. 24 A. The Legal Community's Potential to Transcend Partisan Politics.........25 B. Narratives for Broader Legal Reform and the Opportunity for Transformation ...................................... 28 CONCLUSION ................................................... 33","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121680652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Raza Islamica: Prisons, Hip Hop & Converting Converts","authors":"SpearIt","doi":"10.15779/Z383X09","DOIUrl":"https://doi.org/10.15779/Z383X09","url":null,"abstract":"The interface of prisons, hip hop music, and Islam is a complicated subject. However, when closely examined, patterns begin to emerge, and predominantly, how scores of African Americans, and growingly Latinos arrive at mainstream Islam. The journey is a familiar script: It begins with a marginal, often racialist understanding of “Islam” that transforms into a universal, colorblind conception of it, as exemplified in the lives of many high-profile Muslims, most significantly Malcolm X. This colorblind vision of the world is where the Raza Islamica is born, a world where Islam is the key ingredient of identity — nothing matters more than the shared belief in Allah and his prophet Muhammad — not even color of one’s skin. The following article theorizes this “double conversion,” whereby converts abandon the marginal for the mainstream, but they never abandon Islam.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126893014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Amending the Consitution to Save a Sinking Ship? The Issues Surrounding the Proposed Amendment of the Citizenship Clause and \"Anchor Babies","authors":"Emily Kendall","doi":"10.15779/Z386Q2W","DOIUrl":"https://doi.org/10.15779/Z386Q2W","url":null,"abstract":"On April 23, 2010, Arizona Governor Jan Brewer signed into law the Support Our Law Enforcement and Safe Neighborhoods Act, popularly known as SB 1070. The ensuing legal battle that followed, including challenges to the bill's constitutionality levied by the Department of Justice, catapulted this prospective legislation and the issue of undocumented immigration into the public spotlight, gaining national attention and generating heated debates, staunch protests, and impassioned demonstrations across the country. 2 The bill's most controversial proposition would have allowed Arizona law enforcement officers to inquire into any person's immigration status if the officer feels a reasonable suspicion that the person is illegally present in the United States. However, at present SB 1070 remains unenforced as federal judge Susan Bolton issued an injunction preventing Arizona 4 from implementing the bill's most controversial provisions. While Arizona's SB 1070 has been tabled for now, another immigration reform movement is rapidly gaining momentum with amazing speed. This most recent reform may snowball into a much more drastic change in immigration policy, one that will affect not just one state in the Union, but rather all of them. The newest immigration reform movement centers on altering one of the very foundations of this country: Section One, Clause One of the Fourteenth Amendment-the Citizenship Clause. The Citizenship Clause states that, \"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.\"' Per this clause, any child born on United States soil and subject to the country's jurisdiction becomes a United States citizen from the moment he or she is born. This method of bestowing citizenship is called","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"75 S109","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120836588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Violence of Voicelessness: The Impact of Felony Disenfranchisement on Recidivism","authors":"G. Hamilton-Smith, M. Vogel","doi":"10.15779/Z38Z66F","DOIUrl":"https://doi.org/10.15779/Z38Z66F","url":null,"abstract":"In 2010, nearly 5.3 million American citizens were unable to vote because 2 ,3 of a collateral consequence ftrom a felony conviction known as disenfranchisement. The political disenfranchisement of ex-felons is not accomplished through applying a provision within the United States Constitution or of any federal statute, but is instead administered at the discretion of state legislatures. In light of this state-bystate approach, there is considerable variation in how disenfranchisement is imposed throughout the country. The severity of disenfranchisement runs the gamut from allowing incarcerated prisoners to vote (Maine and Vermont) to prohibiting voting rights to those who complete their sentences.6 Even though disenfranchisement is a consequence of a felony conviction, courts have generally considered it to be","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121230120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sameness/Difference, International Human Rights Law, and the Political Meaning of Torture","authors":"Peter Halewood","doi":"10.15779/Z38KX04","DOIUrl":"https://doi.org/10.15779/Z38KX04","url":null,"abstract":"Human rights and humanitarian law concerning torture simultaneously emphasize and de-emphasize the body in politically and theoretically interesting ways. Law offers competing accounts of the body, as something either natural or constructed, upon which legal normativity is erected. There is likewise little theoretical consistency in the range of conventional explanations of torture and in the normative basis for its condemnation. Liberal legalism seems to assume a linear relationship of bodies to persons, of natural bodies to human dignity, while other disciplines acknowledge discursively constructed bodies, bodies characterized by difference rather than sameness, bodies determined by culture, position, and subordination rather than biology. I want to make more explicit the theoretical linkage of bodily integrity to human dignity in the context of post-9/l 1 torture. Cosmopolitan legalism must confront the existence of other bodies, unnatural, constructed, cultured, tribal or colonized, and admit that the linear mapping of dignity onto the body is contradicted by contemporary torture practice. Torture is predicated upon dehumanizing the other, denying his/her dignity, stripping him/her of political and legal agency, and in so doing generating political meaning-for both \"us\" and \"them.\" Torture is not an exceptional case; it fits into a larger pattern of state power, including violence, racism and imperialism.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125200057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Descriptive Representation Matters: The Connection Between Access to Legal Education and Nonwhite Lawyer-Legislators in the United States","authors":"Angelique M. Davis","doi":"10.15779/Z38H66Z","DOIUrl":"https://doi.org/10.15779/Z38H66Z","url":null,"abstract":"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128687874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Immigrant Detention Centers in the United States and International Human Rights","authors":"Kimberly Hamilton","doi":"10.15779/Z38DD3Z","DOIUrl":"https://doi.org/10.15779/Z38DD3Z","url":null,"abstract":"The immigrant detention system in the United States is plagued with problems due to the large number of immigrants and the lack of facility space to house immigrants in detention. The use of immigrant detention centers in the United States has expanded significantly in the past decade.2 Part of the effort to meet increased demands for immigrant detention facilities has involved the use of contracting with non-federal detention facilities. This subcontracting method, however, leads to problems and challenges for an already strained system. For instance, subcontracting distances the federal government from the daily detention center operations and can potentially lead to abuse within the system due to a lack of oversight and monitoring. Recent non-governmental organization (NGO) reports and media exposures unveiled serious problems in the U.S. detention system. For example, a report on","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133806933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}