Berkeley La Raza Law Journal最新文献_第6页

Law and Language(s): Image, Integration and Innovation 法律与语言:形象、整合与创新

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38BH20

Margaret E. Montoya

引用次数: 5

Outsiders in El Salvardor: The Role of an International Truth Commission in a National Transition 萨尔瓦多的局外人:国际真相委员会在国家过渡中的作用

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38TH4N

Annie Guardado

{"title":"Outsiders in El Salvardor: The Role of an International Truth Commission in a National Transition","authors":"Annie Guardado","doi":"10.15779/Z38TH4N","DOIUrl":"https://doi.org/10.15779/Z38TH4N","url":null,"abstract":"Truth commissions have emerged as a common tool in post-conflict societies to facilitate a break from previous norms of violence and discord. These commissions investigate patterns of abuse and establish an official record of what occurred in the hopes of preventing repetition. In countries where political or military leaders perpetrated and sponsored abuse, acknowledgment and denouncement by a truth commission can serve as a symbol of new political 2 empowerment and changing social norms. Following a long civil war, El Salvador established a truth commission to investigate patterns of violence and to promote reconciliation in the country. However, many doubted the nation's ability to investigate its own actions objectively.4 After an extended period of fighting, El Salvador appeared too polarized to document a unified official narrative of the war. As a result, the \"Commission on the Truth in El Salvador\" (\"Commission\") was comprised entirely of non-Salvadoran citizens.6 Establishing a truth commission with only international actors addressed the polarization between Salvadoran leaders and opposition forces, but ultimately failed to promote reconciliation because it excluded Salvadorans from participating in the transition process. This article will explore the role of the Commission, first by contextualizing the Salvadoran civil war within the country's history of political rule by elites and then by examining the Commission's origin. Next, the article will consider why El Salvador's social and political circumstances led to the construction of an entirely international truth commission. Then, the article will assess the effectiveness and","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"67 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":"114112312","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: 2

Defending against a Death by English - English-Only, Spanish-Only, and a Gringa's Suggestions for a Community Support of Language Rights 用纯英语、纯西班牙语和老外对社区支持语言权利的建议来抵御死亡

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38KM2J

Kenya Hart

引用次数: 1

Chasing Treaty Promises 追逐条约承诺

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z385W9B

Guadalupe T. Luna

{"title":"Chasing Treaty Promises","authors":"Guadalupe T. Luna","doi":"10.15779/Z385W9B","DOIUrl":"https://doi.org/10.15779/Z385W9B","url":null,"abstract":"In their quest for housing throughout history and still today, Latinas/os continuously witness the disregard of international and domestic law. A survey of the legal methods various municipalities employ in seeking to eliminate Latinas/os from their communities, exemplifies how alleged legal rules advance power relationships in the United States.' Whether one chooses to study the current anti2 immigrant ordinances confronting Latinas/os across the United States or to go back in history and examine the effects of the United States' war against the Mexican Republic in 1846, 3 an analysis of the property law jurisprudence from either period will show a series of entangled conflicts of legal doctrines. Anti-immigrant ordinances, for example, are difficult to reconcile with federal laws that govern both entry and removal from the United States or the innumerable types of immigration statuses available to non-citizens. 4 Additionally, these anti-immigrant ordinances violate state laws that guard against indiscriminate treatment and equally contradict longstanding property rights. In some instances, the ordinances go so far as to conflict with state constitutions that protect all persons within their geographical borders. 5 Unfortunately, these types of legal inconsistencies and conflicts facing Latinas/os are not new. Following the United States-Mexican War of 1846, the United States made false promises to individuals of Mexican, Spanish, and Native","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"14 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":"125989785","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

Latinos and the Law - How to Prepare for a Career in the Judiciary 拉丁裔与法律-如何为司法事业做准备

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z380M2P

Edward L. Chavez

引用次数: 0

Erasing Race, Dismissing Class: San Antonio Independent School District v. Rodriguez 消除种族，解散阶级:圣安东尼奥独立学区诉罗德里格斯案

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z388Q15

Camille Walsh

{"title":"Erasing Race, Dismissing Class: San Antonio Independent School District v. Rodriguez","authors":"Camille Walsh","doi":"10.15779/Z388Q15","DOIUrl":"https://doi.org/10.15779/Z388Q15","url":null,"abstract":"This article examines the culmination of strategic tendencies to combine demands for recognition of class-based and race-based discrimination in the early 1970s. San Antonio Independent School District v. Rodriguez was a pivotal case during this period. The Rodriguez claimants were low-income children and families of color whose school district was dramatically unequal in every respect when compared to the local, wealthy, white school district at issue in the case. The Court treated, however, the claims of race and class discrimination that the claimants put forward as entirely independent, and ignored the plaintiffs race claim in order to focus on class alone, which the Court dismissed as a category not entitled to constitutional protection. This article argues that the outcome in Rodriguez was directly tied to legal frameworks that negated the possibility of protecting more than one constitutional category at the same time. The Court's decision provided an economic privacy and local fiscal control rationale that solidified the separation of race and class as categories of constitutional analysis, to the detriment of future claims at the intersection of race and class remedies for segregated and unequal schools.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"21 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":"130957976","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: 5

Disparate Outcomes by Design: University Admissions Tests 设计的不同结果:大学入学考试

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38W65B

Jay Rosner

{"title":"Disparate Outcomes by Design: University Admissions Tests","authors":"Jay Rosner","doi":"10.15779/Z38W65B","DOIUrl":"https://doi.org/10.15779/Z38W65B","url":null,"abstract":"I am currently serving as the Executive Director of The Princeton Review Foundation, administering its national programs since 1995. Before that, I was general counsel to The Princeton Review from 1993 to 1995. Prior to that, I was an Executive Director of The Princeton Review responsible for the northwest region, based in Seattle, from 1987 to 1993. I am a member of the New York, New Jersey, Pennsylvania and Oregon bars. The Princeton Review is the nation's largest SAT preparation company, and the second-largest test preparation company overall. The Princeton Review Foundation is a 501 (c)(3) corporation, established by The Princeton Review in 1987, with the mission of providing test preparation courses, materials and related services to low-income and underrepresented minority (URM) students. URM students usually are considered to be African American, Latino and Native American students. Most of my work week consists of establishing, designing and monitoring intensive admission test preparation courses provided to URM and/or low-income students. I speak regularly at national and regional educational conferences on this topic, and I have testified several times before legislative committees. My pro bono activities include providing legal advice to students and attorneys who are engaged in disputes with test manufacturers. I have written two articles on admission testing for periodicals, and one article on test company disputes currently posted on the intemet. I have not testified as an expert at trial or by deposition in any prior case. I am not being compensated for my work in connection with this matter. My testimony is based upon my experiences over the last twenty years of regular involvement with testing as an attorney, an SAT and LSAT instructor and a critic of admission tests. In approximately 1980 I served as pro bono counsel to an African American college student who filed suit against the Educational Testing Service (ETS), the world's largest and best-known test producer. This student's claim arose from his high school counselor advising him not to take a preparation course for the SAT. He subsequently saw several of his classmates take a course and improve their SAT scores, and he later learned that his counselor had just passed on to him the often-repeated ETS position that preparation courses were ineffective. His claim was that ETS misled him as to the effects of coaching on the SAT. This was my first foray into the world of admission testing beyond my having taken the SAT, the LSAT and the bar exam. Since then I have participated as counsel or consultant in several litigation matters against both ETS and Law Services, the producer of the LSAT. I have read widely on testing issues, and have sought out the most knowledgeable people who could better my understanding of minority students' performance on admission tests. All told, I have had thousands of conversations and interactions, continuously over","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"47 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":"132833755","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

Numbers Game: The Politics of U.S. Refugee Policy toward Central America 数字游戏:美国对中美洲难民政策的政治

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38BQ0F

Berkeley La Raza Law Journal

引用次数: 0

Employer-Provided Child Care under Title VII: Toward an Employer's Duty to Accommodate Child Care Responsibilities of Employees 根据第七章雇主提供的儿童保育:雇主有义务照顾雇员的儿童保育责任

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z388298

Catherine L. Fisk

{"title":"Employer-Provided Child Care under Title VII: Toward an Employer's Duty to Accommodate Child Care Responsibilities of Employees","authors":"Catherine L. Fisk","doi":"10.15779/Z388298","DOIUrl":"https://doi.org/10.15779/Z388298","url":null,"abstract":"Motherhood, perhaps one of the more significant and rewarding of social roles, is also one of the most persistent impediments to economic equality for women. The structure of the labor market is built on the foundation of unpaid labor that women have provided in bearing and rearing society's children. For women to achieve economic equality, society must acknowledge and assume the long-ignored economic costs of child care. While women have made significant steps toward equality of employment by assimilating into the existing labor system, they cannot compete on an equal basis with men without someone providing the child care services that women traditionally provide. When women try to fit the \"male\" model of full-time work without having adequate child care to enable them to do so, they experience a variety of adverse employment consequences because of their conflicting responsibilities to their children. This is discrimination on the basis of gender. This Article explores the possibility of using Title VII of the Civil Rights Act of 1964 to challenge otherwise neutral employment policies that have an adverse effect on women because of their role as primary caretakers of children and to remedy the discrimination by obtaining a court order that employers must take affirmative steps to address the child care needs of their employees. In Part I, the Article suggests that","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"26 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":"134631745","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

The Black/White Binary Paradigm of Race: The Normal Science of American Racial Thought 黑人/白人种族二元范式:美国种族思想的常态科学

Berkeley La Raza Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38QM1H

J. Perea

引用次数: 30