Berkeley La Raza Law Journal最新文献_第3页

Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel 正当程序和移民拘留者监狱转移:将移民拘留者转移到隔离监狱侵犯了他们获得律师的权利

Berkeley La Raza Law Journal Pub Date : 2011-04-18 DOI: 10.15779/Z38NW95

G. Hernandez, César Cuauhtémoc

引用次数: 6

Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment 就刑事定罪的移民后果向非公民被告提供建议:刑事辩护律师、法院和第六修正案的道德回答

Berkeley La Raza Law Journal Pub Date : 2011-02-05 DOI: 10.15779/Z38ND4S

Y. Vázquez

{"title":"Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment","authors":"Y. Vázquez","doi":"10.15779/Z38ND4S","DOIUrl":"https://doi.org/10.15779/Z38ND4S","url":null,"abstract":"This Article discusses the tension between the Sixth Amendment analysis by courts on the issue of immigration consequences of criminal convictions and the moral and ethical duties that an attorney owes his noncitizen client. Under the majority of jurisdictions, federal circuit and state courts hold that there is no duty to advise on this issue because they are deemed to be “collateral”. However, a growing number of these jurisdictions have begun to find a Sixth Amendment violation for failure to advise. These jurisdictions have created a Sixth Amendment duty only when: 1) the attorney “knew or should have known” the client was a non-citizen; or, 2) the attorney gave misadvice. However, these holdings create perverse incentives for attorneys to implement a Don’t Ask/Don’t Tell policy by allowing an attorney to remain silent and fail to investigate immigration status to prevent a Sixth Amendment violation on information that a noncitizen may deem more important than the criminal sentence as well as creating lines in the responsibilities an attorney owes his client based upon stereotypical perceptions of citizenship. This Article addresses: (1) the unique role that immigration consequences have in the criminal court system that is separate and distinct from other consequences that have been deemed “collateral”; (2) the ethical dilemma that the courts have created for the criminal defense attorney when advising or not advising noncitizen clients on the immigration consequences of a criminal conviction; and (3) the obligations that criminal defense attorneys have to the court system that reinforce the attorney-client relationship while at the same time creating the foundation for better outcomes in a Sixth Amendment analysis. It argues that regardless of the Sixth Amendment law, an attorney’s ethical and moral duty is to advise his client as to the specific immigration consequences of a criminal conviction.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132568560","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}

引用次数: 1

Maldef and the Legal Investment in a Multi-Colored America Maldef和多种族美国的法律投资

Berkeley La Raza Law Journal Pub Date : 2008-02-15 DOI: 10.15779/Z38XD34

T. Romero

引用次数: 0

American Corporate Governance and Globalization 美国公司治理与全球化

Berkeley La Raza Law Journal Pub Date : 2007-12-31 DOI: 10.15779/Z383373

S. Ramirez

引用次数: 0

Berkeley La Raza Law Journal Pub Date : 2007-09-15 DOI: 10.15779/Z38WW85

E. Hernández-López

{"title":"Law and Popular Culture: Examples from Colombian Slang and Spanish-Language Radio in the U.S.","authors":"E. Hernández-López","doi":"10.15779/Z38WW85","DOIUrl":"https://doi.org/10.15779/Z38WW85","url":null,"abstract":"This article argues that critical analysis of popular culture themes benefits legal scholarship by providing distinct cross-border perspectives and illuminating popular resistance efforts to hegemonic forces. This examination occurs in an Inter-American context, characterized by a south-north dynamic and migration's transnational influence. In these dynamics, there is significant popular resistance and anti-subordination to hegemonic forces. Legal scholarship often overlooks this by focusing on formal legal texts and processes. This resistance is visible within popular culture, as part of ?hidden transcripts.? This article makes two claims about popular culture's relevance, one methodological/theoretical claim and one substantive claim. First, observing how popular culture reflects societal interpretations of the law and politics greatly benefits the scholarly objectives of international research by promoting an exchange across national borders with an appreciation for different perspectives. Second, critically exploring popular culture illuminates how resistance and anti-subordination efforts often exercised by popular sectors, civil society, or Southern countries may be represented in this culture. As evidence of this, Colombian slang and Spanish radio in the U.S during 2006 immigration demonstrations are examined as two popular culture examples. This article incorporates theoretical innovations from law and popular culture scholarship, Latin American cultural studies such as N?stor Garc?a Canclini's work, James Scott's ?arts of resistance? and ?hidden transcripts,? and post-colonial theory.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126208853","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}

引用次数: 1

From California to the Nation: Rethinking the History of 20th Century U.S. Civil Rights Struggles through a Mexican-American, and Multiracial, Lens 从加利福尼亚到全国:从墨西哥裔美国人和多种族的视角重新思考20世纪美国民权斗争的历史

Berkeley La Raza Law Journal Pub Date : 2007-03-01 DOI: 10.15779/Z38FD39

S. Bernstein

{"title":"From California to the Nation: Rethinking the History of 20th Century U.S. Civil Rights Struggles through a Mexican-American, and Multiracial, Lens","authors":"S. Bernstein","doi":"10.15779/Z38FD39","DOIUrl":"https://doi.org/10.15779/Z38FD39","url":null,"abstract":"This paper discusses Mexican American civil rights struggles in Los Angeles during the early Cold War era and its significance for Mexican Americans' quest for full citizenship. It explains the ways in which these mid-century campaigns were fundamentally cooperative. Significant beyond their local and regional communities, the struggles of the largest concentration of Mexican Americans in the United States in the middle of the twentieth century force a rethinking of the roots of national civil rights reform. Scholars of Mexican American civil rights history mostly have overlooked the decade following World War II because its constricted early Cold War political culture supposedly stifled any serious reform attempts. But this time period is crucial for understanding the origins of Mexican American struggles for citizenship and equality. Well before the Chicano movement, and even before the African American civil rights movement of the mid 1950s and 1960s, Mexican Americans fought for fair housing and improved street lighting, and against police brutality and the segregation of public facilities like swimming pools, theaters, and schools. Even beyond this forgotten political activism, Mexican Americans' quest for citizenship during the mid-twentieth century was more multiracial than scholars recognize. Archival research into the kind of \"behind the scenes\" activism that does not appear in published legal or political documents reveals that many endeavors previously seen in mono-racial terms were in fact multiracial. As evidenced by the archival records of various minority groups' civil rights organizations, mid-century citizenship campaigns involved coalitions among minority groups. In one important example, Jewish, African, Mexican, Japanese, and progressive \"Anglo\" Americans came together to elect Edward Roybal to the Los Angeles City Council in 1949. Roybal became the first Mexican American L.A. city council member since 1881-and the council's only non-white member-in a","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122367809","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}

引用次数: 0

Economic Globalization Ascendant and the Crisis of the State: Four Perspective on the Emerging Ideology of the State in the New Global Order 经济全球化的兴起与国家的危机:全球新秩序下国家意识形态的四个视角

Berkeley La Raza Law Journal Pub Date : 2006-12-31 DOI: 10.15779/Z38ZD3G

L. Backer

引用次数: 5

Cornel West, Meet Richard Posner: Towards a Critical-Neoclassical Synthesis 康奈尔·韦斯特，《遇见理查德·波斯纳:走向批判-新古典主义的综合》

Berkeley La Raza Law Journal Pub Date : 2006-12-31 DOI: 10.15779/Z384361

F. Guerra-Pujol

引用次数: 0

The Continued Nexus between School and Residential Segregation 学校隔离与居住隔离之间的持续联系

Berkeley La Raza Law Journal Pub Date : 2004-12-31 DOI: 10.15779/Z385D8ND61

P. Ong, J. Rickles

{"title":"The Continued Nexus between School and Residential Segregation","authors":"P. Ong, J. Rickles","doi":"10.15779/Z385D8ND61","DOIUrl":"https://doi.org/10.15779/Z385D8ND61","url":null,"abstract":"One of the goals of the symposium, \"Rekindling the Spirit of Brown,\" is \"to develop innovative and creative strategies for insuring equal educational opportunity for students of color in K-12 grades.\" As the other articles point out, the cry to recommit to the struggle for educational equity is a response to the failure to achieve this goal over the last half century. Effective strategies must be rooted in a concrete understanding of the forces and dynamics that block progress. This article tackles one aspect of this problem: how the residential location of children reinforces school segregation. Overcoming the barriers created by this spatial pattern is, in our opinion, necessary to achieving the symposium's goals, and the first step is to understand the nature and magnitude of the problem. Two of the most visible and pernicious manifestations of a racially divided society are school and residential segregation. Both are the results of and contributing factors to racial inequality. Perhaps less understood is how school and residential segregation are inherently linked to each other. De jure residential and school segregation has long disappeared. In 1948, the Supreme Court ended the legal use of restrictive covenants to restrict the sales of homes in white neighborhoods to minorities in its Shelley v. Kraemer decision.' By 1954, the Court's Brown v. Board of Education decision also ended the practice of \"separate but equal\" schools for 2 African Americans. Moreover, civil rights laws enacted in the 1960s further prohibited racial discrimination in housing and education. Yet, despite these judicial and statutory prohibitions against discrimination, and even with considerable efforts to desegregate neighborhoods and schools, we still remain a spatially divided society. De facto segregation remains prevalent in both housing and education.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132301275","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}

引用次数: 25

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers? 霍夫曼塑料化合物有限公司生产一次性工人?

Berkeley La Raza Law Journal Pub Date : 2003-12-31 DOI: 10.15779/Z38V368

Robert I. Correales

{"title":"Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?","authors":"Robert I. Correales","doi":"10.15779/Z38V368","DOIUrl":"https://doi.org/10.15779/Z38V368","url":null,"abstract":"Introduction ........................................................................................................ 106 I. B ackground .................................................................................................. 108 1I. The Law B efore H offm an ............................................................................ 116 A . Su re T an ............................................................................................... 116 B. Local 512 Warehouse and Office Workers' Union v. NLRB (F elb ro ) ................................................................................................ 120 C . D el R ey T ortilleria ............................................................................... 121 D . A .P.R .A . Fuel O il Buyers, Inc ............................................................. 123 III. Hoffman Plastic Compounds, Inc. and Its Consequences ............................ 128 A. Does Hoffman Foreclose Backpay for Knowingly Hired Undocumented Workers Who Are Unlawfully Discharged? ........ ....... 136 B. Cease and Desist Orders, and the Possibility of Contempt Citations When De-Coupled From Backpay Remedies are Not Effective Deterrents to Violations of the Nation's Labor Laws .......................... 143 C. Did the NLRB \"Trammel\" Upon a Statute? ...................... .................. 145 IV. Consequences of Hoffman Beyond Labor Law ................... 148 A. FLSA and Anti-discrimination Laws ................................................... 148 B . O ther Civil Rights Statutes .................................................................. 150 C . W orkers' Com pensation ...................................................................... 153","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115162411","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}

引用次数: 1