Berkeley La Raza Law Journal最新文献

{"title":"Reviving Housing Rights of the Undocumented through Disparate Impact and the Fourteenth Amendment: The Problem with the FHA, § 1981, & Preemption","authors":"Rob Ley","doi":"10.15779/Z38K086","DOIUrl":"https://doi.org/10.15779/Z38K086","url":null,"abstract":"Anti-immigrant housing ordinances have become a tool for state authorities in their efforts to curb local effects of a defunct federal immigration scheme. Federal frustration and resentment has culminated in state resistance through ordinances inquiring into citizenship status as a condition for renting or leasing property. The legality of these discriminatory ordinances is disputable and heavily contested. But","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121075467","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":"Escaping the Circle by Confronting Classroom Stereotyping: A Step toward Equality in the Daily Educational Experience of Children of Color","authors":"J. Brown","doi":"10.15779/Z38DZ0314P","DOIUrl":"https://doi.org/10.15779/Z38DZ0314P","url":null,"abstract":"As the fiftieth anniversary of the decision in Brown v. Board of Educalion approaches, we must assess what obstacles continue to obstruct the path to equal educational opportunity for children of color. That project can be constructively, albeit painfully, informed by an imaginative look backward to the transformed future the original Brown plaintiffs could have envisioned as they endured the hardship produced by their challenge to the racist status quo. As we try to resurrect the dreams the plaintiff families could have projected onto the American future, we can conjure a vision of the greater hope for true social equality, as well as the lesserincluded expectation of educational opportunities that would equip all of their children to achieve their academic potential and break out of the economic boundaries set by an educational caste system. These hopes were, of course,","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127479736","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":"Forget the Alamo: Race Courses as a Struggle over History and Collective Memory","authors":"R. Chang","doi":"10.15779/Z38X08N","DOIUrl":"https://doi.org/10.15779/Z38X08N","url":null,"abstract":"As a child, I learned in school about the Alamo and of the courageous men who fought to their death against the overwhelming forces of the Mexican Army. My classmates and I were told that their defeat became a rallying cry for Texans who sought independence from Mexican rule. The Texans were likened to the founding fathers of our nation who sought independence from British rule. I wanted to learn more, so I went to my small town's public library and found in the children's section a biography of Davey Crockett, one of the brave fighters who fell at the Alamo. It was with excitement that I read about the men in the Alamo. I read about how they responded to the news of the huge army of General Santa Anna, how they drew a line in the sand so that those who would stay and fight were to cross over it and those who didn't could leave before the enemy army came. I remember the story of one man who was sick or injured in a stretcher who asked to be carried over the line to join the men who were going to stay and fight. When the battle ensued, the men in the Alamo fought bravely but were overcome not by the Mexican army's superior tactics or martial skills but by their sheer numbers. Davey Crockett, after running out of bullets, fought Mexican soldiers with his bare hands until he too was killed. This is how I was taught as a child to remember the Alamo. As an adult, I read Rodolfo Acuna's Occupied America: A History of Chicanos, 1 which tells a very different story about the battle at the Alamo. In this account, \"from all reliable sources, it is doubtful whether Travis ever drew a line in the sand. ' 2 And Davey Crockett didn't fight to his death. He was among those who were surrendered and was later executed. Although Texans did struggle to liberate themselves from Mexican rule, their goals were not as noble as the professed aspirations of the founding fathers of the United States. One of the driving impulses of the elite leading the Texas independence movement was the desire to maintain the institution of slavery, which was abolished by Mexico in 1829. 3 There is the childhood memory of what was taught in school alongside the history contained in works such as Acuna's. They represent very different versions, and visions, of what this country's history is, and consequently, what this country is today. In the same way that an individual is constituted by her or his memory,' a","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123708108","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":"Environmental Risks Related to the Maquiladora Industry and the Likely Environmental Impact of NAFTA","authors":"S. Gomez","doi":"10.15779/Z382D4X","DOIUrl":"https://doi.org/10.15779/Z382D4X","url":null,"abstract":"Rapid growth of the \"maquiladora\" industryI and the prospect of a North American Free Trade Agreement 2 (NAFTA) has focused public attention on the relationship between the environment and trade.3 In November 1990, President Salinas of Mexico and President Bush of the United States discussed, among other things, environmental concerns regarding the border region.4 That meeting resulted in a commitment for","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114907835","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":"Latinos and the AFL-CIO: The California Immigrant Workers Association as an Important New Development","authors":"Robert Lazo","doi":"10.15779/Z38Q661","DOIUrl":"https://doi.org/10.15779/Z38Q661","url":null,"abstract":"The relationship between Latinos and the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) has been shaped by a variety of political, social, and economic factors. The AFL-CIO has organized Latinos or shunned them at different times in response to particular legislative developments, political pressures, and economic crises. Most recently, the relationship between Latinos and the AFL-CIO has been affected by a legislative developmentthe enactment of the Immigration Reform and Control Act of 1986 (IRCA).1 The AFL-CIO developed a new program in California that focuses on the recruitment of Latinos by helping them get amnesty pursuant to IRCA. The program involves a special type of membership known as \"Associate Membership.\" Workers can become Associate Members of the AFL-CIO by joining an organization called the California Immigrant Worker's Association (CIWA).2 CIWA is still in its nascent stages, but it is a promising model for increasing Latino participation in the AFLCIO. The development of CIWA presents a new opportunity for the AFL-CIO and Latinos to increase their affiliation with one another and to improve their respective futures. This paper describes CIWA as an important new development in the history of AFL-CIO relations with Latinos. The first section highlights the troubled history of the relationship between AFL-CIO and Latinos in California. Exploring this past will better enable us to understand the nature and importance of CIWA. The second section describes CIWA and its sister organization, the Labor Immigrant Assistance Project","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116037595","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":"Two Life Stories: Reflections of One Black Woman Law Professor","authors":"T. L. Banks","doi":"10.15779/Z38PZ98","DOIUrl":"https://doi.org/10.15779/Z38PZ98","url":null,"abstract":"The dispute at Harvard Law School over the absence of Black women from the faculty is disturbing.' Particularly distressing is the use of the term \"role model\" as the articulated rationale for hiring a Black woman law professor.' The term \"role model\" seems soft, unlike the word \"mentor.\". A role model is a person whose \"behavior in a particular role is imitated by others.\" 3 Most often a \"role model\" is passive, an image to be emulated. On the other hand, a mentor is more aggressively involved with her prot6g6. The word \"mentor\" has an intellectual connotation which the term \"role model\" generally lacks. Because mentors provide some intellectual guidance, they also must be respected intellectually. Good law teachers are intellectually challenging and aggressively involved with students. Thus the need for Black women mentors/intellectuals is a better justification for hiring Black women as law teachers than is the need for. role models. Law faculties may not take this argu-","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114547865","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":"Garza v. County of Los Angeles","authors":"R. Retana","doi":"10.15779/Z389W89","DOIUrl":"https://doi.org/10.15779/Z389W89","url":null,"abstract":"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121972736","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":"Carza v. County of Los Angeles: Preservation of Minority Group Voting Strength as Justification for Deviation from One Person-One Vote Standard","authors":"R. Retana","doi":"10.15779/Z38ZQ0N","DOIUrl":"https://doi.org/10.15779/Z38ZQ0N","url":null,"abstract":"In Garza v. County of Los Angeles, a consolidation of two civil suits filed in August and September of 1988 in U.S. District Court in Los Angeles, the Los Angeles County Board of Supervisors has been charged with violating the 1965 Voting Rights Act by re-drawing its five districts in 1981 in such a way as to scatter the County's Latinos and deny them representation.' The suit could become one of the nation's most significant voting rights cases in terms of population affected. With 8.3 million residents, Los Angeles County is among the most populous counties in the United States.2 The 1965 Voting Rights Act bars any governing body from reducing the electoral participation of any minority group.3 The suit names the","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122120806","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":"Barriers to Latinos/as in Law School","authors":"I. D. Herrera","doi":"10.15779/Z38PH2F","DOIUrl":"https://doi.org/10.15779/Z38PH2F","url":null,"abstract":"About two years ago my little boy Antonio, who was then six years old, stopped me and said, \"Mami, even a man can be a lawyer.\" My jaw dropped. He said, \"Neil is a lawyer\" Neil is the father of one of his close friends. I said, \"Well, sure, mijo, even a man can be a lawyer.\" Since he was three years old, I have been the head of Equal Rights Advocates, a women's legal advocacy organization in San Francisco, and he spends a lot of time in my office. When people from my office get together socially to have a summer barbeque or a holiday party, all he sees are women. He sees Latinas, he sees African-Americans, he sees Asians, he sees lesbians, single moms, married women. In his small world, lawyers are women. I thought, \"Wow, my own experience was that I never met a lawyer until I was in law school.\" In the community where I grew up in South Texas, if there were Latino lawyers, I certainly didn't know them. All of our parents were poor, had very low levels of education, and were fortunate if they had finished high school. As a child, the idea of becoming a lawyer wasn't even on my radar screen. I never thought about it as a possibility for my life it just was not thinkable. If you can't think of something, it's very hard to become it, to be it. Therefore, I think it's extremely important that we have visible role models that our children can see, so they can say, \"Yeah, I can do that,\" or so a parent can say, \"Yeah, mijo or mija can do that. She can be a lawyer, she can be a doctor.\"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129470943","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":"Becoming the Mainstream: Merit, Changing Demographics, and Higher Education in California","authors":"Aída Hurtado, C. Haney, Eugene E. García","doi":"10.15779/Z389D3X","DOIUrl":"https://doi.org/10.15779/Z389D3X","url":null,"abstract":"In this essay, we discuss the nature of what one commentator has termed \"savage inequalities\" in educational opportunity that separate minority students from the rest of the population in the United States. Notwithstanding the political importance of widespread liberal education to the integrity of the democratic process,2 there are pressing practical reasons to be increasingly concerned about persistent educational inequity. Rapidly changing demographics will soon redefine \"majority\" and \"minority\" populations in states across the country and produce unprecedented shifts in the composition of the American workforce. Yet, the combined effects of race-based disparities in educational opportunity and rapidly changing demographics are on a collision course with an increasingly advanced technological economy that will require greater numbers of better trained, more highly educated, and more intellectually skilled workers, managers, and policymakers. The dimensions of the coming educational crisis and its corresponding economic consequences are quite clear. Indeed, at perhaps no other time in history have the methods and data of social science allowed us to map the trends and trajectories created by this inequality so precisely. Thus, we argue that, absent significant changes in educational policy and concerted efforts to achieve more equitable distribution of educational opportunity, a new world order is in the making that will be beset by increasingly insurmountable employment barriers that growing numbers of minority workers will be unable to transcend. Indeed, if the powerful, opposing forces created by shifting demographics and shrinking opportunity proceed","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126651071","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}