Berkeley La Raza Law Journal最新文献

{"title":"From Michigan to Cincinnati: Our Fate in Their Hands","authors":"Marisa Arrona, A. D. L. Cruz, Cesar del Peral","doi":"10.15779/Z38966W","DOIUrl":"https://doi.org/10.15779/Z38966W","url":null,"abstract":"It didn't take us long to find each other the progressive students, the students of color at Boalt Hall. We came demanding answers to the frustrating statistics showing the lack of diversity at the top public law school in the state. We came wanting to learn strategies and solutions, and needing to learn how to reverse the reactionary Supreme Court decisions that had turned back the gains of the civil rights movement. Some of us were loud, in class and in the hallways, seeking each other out, learning quickly who we were and why we came to law school. Others of us were quieter, but spoke in different ways. Some of us were lucky enough to be in the same \"module,\" the group of 30 students with whom you take all of your first year classes. Many of us were in the same big section, the grouping of three modules with whom you take your larger lectures. We were easy to find in those big rooms of 90 there were so few of us. We became smaller in number when we counted those who would meet our eyes and nod in silent assent, \"Yes, I'm like you. I agree; this place is scary. Let's do something.\" By the end of that first month of the first year of law school, some of our questions had turned up answers. We found students and alumni who had been there \"before,\" meaning before Proposition 209 and before the students changed color and lowered their voices. Our 2L and 3L Raza were invigorated by our questions, and they set up a teach-in for us that led to another for our whole class. Through the teach-in process, we educated both ourselves and others. Race, gender, sexuality they were not subjects we talked about in class, unless we were the ones raising them. Our professors remembered an angry Boalt in 1997, and the prospects of returning to that time scared them, and so they viewed us with some apprehension. There were some professors, gracias a Dios, who would continue conversations about these issues. Most would not, viewing our questions as tangential, off-topic, or an uncomfortable topic for public discussion. We were learning a foreign language. We were struggling to understand how the law as applied to our communities was supposedly \"objective,\" especially when we saw it play out so differently. Learning the law as a first year student of color was both an empowering and disempowering experience. Our first year texts feature mostly exclamation points and expletives in the margins that we had written there in moments of astonishment, anger, and dismay. We couldn't believe this \"truth,\" yet there it was, in black letter law, being reproduced again and again. Oftentimes judges writing the opinions would lament their hands being tied by precedent, but that was cold comfort to us since the result seemed to always, \"coincidentally\" favor the rich, the powerful, and the White. To learn how to remake it, we had to first learn the system and then find the energy to explode it. Our time was limited. We had to choose","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"114 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":"124644426","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 a Plaintiff","authors":"E. Swift","doi":"10.15779/Z381W1N","DOIUrl":"https://doi.org/10.15779/Z381W1N","url":null,"abstract":"Rn speaking at the National Conference on Women and the Law, my goal was to describe what it takes to survive the obstacles women face in changing from \"tenure victim\" into \"discrimination plaintiff.\" I wanted to share my perspective on two unenviable experiences-my original losing battle for tenure as a woman law professor and my subsequent pursuit of a sex discrimination grievance as a woman plaintiff-with that particular audience of women law professors and women law students. Making the change from victim to plaintiff involves both groups. The process requires a network of mutually reinforcing collegial relationships and there is also much that law students have done and can do to help. Several discrimination lawyers told me after the Conference that my description of becoming a plaintiff was useful from their perspective also. Every lawyer understands one obvious premise of our system of justice: every lawsuit needs a plaintiff. But not every lawyer, and certainly not every prospective client, understands what it takes to become a plaintiff. What I learned about that process may be useful in both the practice and teaching of law. My experiences began two years ago when I was denied tenure at the School of Law-Boalt Hall-at the University of California at Berkeley. In February of 1988, I filed a grievance alleging that my tenure denial was a product of sex-based discrimination, in that the Boalt Hall faculty had applied different and more onerous standards to my tenure case than it had applied to the men granted tenure at Boalt Hall during the 1980s. After a preliminary investigation, the campus-wide grievance committee at Berkeley soon issued a prima facie finding in my favor on my charge. This finding, the first of its kind in a gender case at U.C. Berkeley, meant that the committee found \"sufficient reason\" to conduct a full hearing on my grievance. Thus in two years my \"tenure denial\" evolved into \"my grievance,\" and then into \"my finding,\" and then into \"my case.\" I retained two discrimination specialists as my lawyers to prepare for the grievance","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"82 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":"124806310","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":"María Lugone's Work as a Human Rights Idea(l)","authors":"B. Hernández-Truyol, Mariana Ribeiro","doi":"10.15779/Z38BM1Q","DOIUrl":"https://doi.org/10.15779/Z38BM1Q","url":null,"abstract":"The work of Maria Lugones can be utilized to focus on the same ideas of human reality articulated in the human rights framework. She engages the complexity of humans -- the indivisibility of their identity components -- through her concepts of hybridity/multidimensionality. Similarly, Lugones captures the human need for self-determination -- a right embedded in the human rights framework -- in her work on autonomy, agency, and self-care. Finally, her quest for an antisubordination ideal, like the human rights mandate for equality and nondiscrimination, comes to life in her call for the recognition of and respect for the equality of cultures and her observations on hyphenated identities.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"105 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":"124812031","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":"Training a Diverse Student Body for a Multicultural Society","authors":"Charles R. Calleros","doi":"10.15779/Z38F950","DOIUrl":"https://doi.org/10.15779/Z38F950","url":null,"abstract":"With the admission of greater numbers of women and minorities in recent decades, student populations at many law schools have edged closer to reflecting the diversity of the general population.' Even more recently, gay and lesbian students and faculty have found a sufficiently tolerant atmosphere at some schools to come \"out, loud and proud,\" 2 revealing a new awareness and outspokenness if not greater numbers. The legal profession and legal education, once nearly exclusively the province of white males, has not remained unaffected by these changes. Diversifying the student body has done more than create academic and professional opportunities for formerly excluded segments of our population. It has also introduced new challenges in teaching students with profoundly different experiences. Finally, the increased diversity of law school student and faculty populations has provided new opportunities for law professors to explore issues from a variety of perspectives in order to prepare all students for the demands of using the law to address the needs and problems of a multicultural society. This essay explores the benefits of raising issues in culturally diverse contexts in the law school classroom and examines techniques for doing so effectively. It also offers advice for managing difficulties which can","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"46 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":"129494392","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 Elimination of Affirmative Action: California's Degraded Educational System","authors":"Eugene E. García","doi":"10.15779/Z380W86","DOIUrl":"https://doi.org/10.15779/Z380W86","url":null,"abstract":"I am the Dean of the Graduate School of Education at the University of California at Berkeley, the top-ranked education school in the nation. Since receiving my doctoral degree from the University of Kansas in 1972, I have served as a Professor of Psychology and/or Education at five public universities, including three in the University of California system. I have also served as Senior Officer and Director of the Office of Bilingual Education and Minority Languages Affairs in the United States Department of Education. I have written extensively on educational policy issues, in particular on multilingualism, multiculturalism, and diversity in education, and on the education of Latinos in the United States. My curriculum vita is attached as Exhibit A.' I have prepared this report on an expedited basis at the request of Scheff & Washington, PC, which represents students who intervened as defendants in Grutter v. Bollinger, 2 a case challenging the affirmative action admissions policies at the University of Michigan Law School. I have not testified as an expert in the last four years and am not being paid for my services in this case. The elimination of affirmative action admissions policies in the University of California system has severely intensified problems of inequality in access to post-secondary and professional education in this state. The number of black, Latino, and Native American students enrolled in the system has dropped, and the system as a whole has begun to segregate into elite campuses with more white and Asian students and less elite campuses with more black and Latina/o students. This circumstance is educationally unacceptable for all: for those of us who teach and who train teachers, for white and Asian students, and for minority students and their communities. It has proven impossible to compensate for the elimination of affirmative action through other means, though attempts to do so have been made. The impact has been particularly destructive in the most competitive graduate and professional schools in the University of California system including my own program and the law schools on the Berkeley and Los Angeles campuses. For decades, the growing emphasis on standardized test scores in postsecondary admissions has compounded the distortions imposed on K-12 education by race-related social and educational inequities. The elimination of affirmative action has made the overemphasis on tests into an even more pernicious guarantee of unequal opportunity for minority students, and especially those students whose primary language is not English. My colleagues and I have called for the elimination","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"31 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":"129507503","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":"Brief Remembrances: My Appointment and Service on the California Court of Appeal and Supreme Court, 1976-1987","authors":"C. Reynoso","doi":"10.15779/Z38QH2S","DOIUrl":"https://doi.org/10.15779/Z38QH2S","url":null,"abstract":"Outside the weather was warm as it usually is in Sacramento in August. However, we were all inside the courtroom of the Library and Courts Building. The building itself is grand. It was built in the 1920s to be the home of the California Supreme Court and the Court of Appeal. It is one of two imposing public buildings located directly in front of the Capitol. But the courtroom in which we found ourselves was even more grand. I considered it the most beautiful and inviting courtroom that I had ever seen. My observation surprised me, since Chief Justice Earl Warren had sworn me in as a member of the United States Supreme Court Bar in that impressive courtroom in our nation's capital. In the Sacramento courtroom, the columns, chairs, and bench have a wood-on-wood motif built during a time when state prisoners spent countless hours finishing fine wood. The bench where the judges sit is high enough to be dignified, but low enough to permit the judges to have a conversation with the appellate lawyers who appear before them. The ceiling is set high, giving the courtroom a cathedral sense of the dignity of the law. However, the setting on that particular August day in 1976 was not a hearing. I was being sworn in as the newest associate justice for the Third District Court of Appeal. I was later told that no prior investiture had been so celebratory. It was an uplifting and joyful day. My wife, Jeannene, and my four children were in the front row. My father was there, as were eight of my ten brothers and sisters. Other relatives as well as countless friends and acquaintances filled the courtroom. Several individuals spoke on my behalf. The representative of the bar association summarized my life as an American dream come true. He spoke of my modest roots as a son of a farm worker who had begun his own life's work as a farm worker. He spoke of my education my undergraduate and graduate schooling. He spoke of my work representing farm workers when I was director of California Rural Legal Assistance (CRLA) and of my recent professorship at the University of New Mexico Law School. I could hardly believe that he was speaking about me. Then there was Mario Obledo, the Secretary of Health and Welfare for the state of California. I had known him since the late 1960s when he had been appointed the first president and general counsel of the Mexican-American Legal Defense and Educational Fund. He painted my character and background in glowing terms. Annie Gutierrez followed. She had been appointed a justice court judge, though she was not then a lawyer. She became so interested in the law that she eventually","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"63 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":"128274488","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":"Comments by Angel Oquendo","authors":"Á. Oquendo","doi":"10.15779/Z38NS91","DOIUrl":"https://doi.org/10.15779/Z38NS91","url":null,"abstract":"In this talk I will give a summary of the concept of what I call the Latino(a) race. I think this will be helpful for my own clarification and perhaps may contribute to opening a dialogue. I started developing this concept in a tentative and, hopefully, reflective way last year while working with Margaret Montoya and others on a panel at the Law & Society annual meeting. I also have talked about this with some of you and, of course, a fair amount with Celina Romany who is also going to be speaking here today. Next, I want to move from a description of this concept to a reflection on \"practical\" applications. I use quotation marks because I intend to take issue with the ordinary understanding of the practical, especially in the area of law. The concept of the \"Latino(a) race\"-again in quotation marks; maybe this whole talk should be in quotation marks-is a concept toward which I have moved using, in part, the philosophical writings of the Spanish philosopher Miguel de Unamuno and critical race theory's rich literature. I have in mind the work of Derrick Bell, among others, and also the work of people who probably would not consider themselves part of this movement, such as Anthony Appiah and Cornel West. I focus on two experiences, or maybe I should call them two aspects, of the Latino(a) experience in the United States. The first is the historical experience. This dimension is very important because it is here that the Latino(a) community distinguishes itself from all other immigrant communities in the United States. The Latino(a) community did not come to the United States; the United States came to the Latino(a) community. The two largest groups in this community, Mexicans and Puerto Ricans, are part of the United States territorial system due to the colonial expansion that took place last century. In the case of Mexicans, Mexican-Americans, and Chicanos, I am alluding to the expansion toward the Southwest and the annexation of large portions of Mexican territory. In the case of Puerto Rico, the process began with the 1898 invasion of the island and continued with Puerto Rico's subsequent colonization by the United States military initially, and later by civil forces. In both cases, the imperialistic onslaught immediately made a group of Latino(a)s part of the United States reality and created the necessary historical conditions for the subsequent massive Latino(a) migrations to the United States mainland. (In due course, I will submit that, though different, the historical experience of other Latino(a)s parallels that of Mexicans and Puerto Ricans in relevant ways. My contention will be that the concept of the Latino(a) race, which is originally founded in the Mexican and the","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"22 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":"128644332","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":"Why Race Matters: LatCrit Theory and Latina/o Racial Identity","authors":"Enid F. Trucios-Haynes","doi":"10.15779/Z38VQ11","DOIUrl":"https://doi.org/10.15779/Z38VQ11","url":null,"abstract":"Latinas/os are a force to be reckoned with, and we now require our own room in the \"Master's House.\"' Yet, we must not forget it is the \"Master's House,\" and we are constrained by the basic home rule that is White supremacy. Latinas/os are not exempt from the oppression of White supremacy, yet, as a group or individually, we often are seduced into thinking we are White. Latinas/os must be vigilant to avoid the seduction of Whiteness. And we, Latinas/os, more than other groups of color, are vulnerable to the seduction of whiteness. We carry the desire for Whiteness, inscribed on our souls, from Latin America and transported across the border or from our neighborhoods where our parents and generations before have lived. Latinos/as, more than others, are seduced by Whiteness because we are not called Black, we are not even identified as a race--at least not officially. We are seduced by whiteness because we do not see that the foundation of the Master's House, the Black-White paradigm, includes the racialization of our language, our culture, our history. We must see Tenemos que ver.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"7 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":"126344549","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":"How the Black/White Paradigm Renders Mexicans/Mexican Americans and Discrimination against Them Invisible","authors":"Eduardo Luna","doi":"10.15779/Z38FT0M","DOIUrl":"https://doi.org/10.15779/Z38FT0M","url":null,"abstract":"A number of authors have noted the relative lack of attention Mexicans and Mexican Americans receive by academics and popular media alike.' Scholars, popular print and visual media that attract large audiences all ignore the experiences of Mexicans/Mexican Americans.! This lack of attention is apparent in virtually every realm of American society. Discussions concerning discrimination and race/ethnic relations in the United States are no exception. Indeed, the Civil Rights Movement and discourse on race/ethnic relations are almost inextricably intertwined with, and exclusively focused on, the contributions and experiences of Blacks. Some","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"13 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":"124970288","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":"Reflecciones: From the Barrio to the Supreme Court","authors":"Carlos R. Moreno","doi":"10.15779/Z38B667","DOIUrl":"https://doi.org/10.15779/Z38B667","url":null,"abstract":"I think what I want to say will echo some of the comments of what Judge Sotomayor said last night. That is, that I think that for all of you, while you should have some kind of objective for your future, it's important that you be flexible in how you approach your goals. Certainly, in my case I don't think I ever had a very specific plan but I did have a generalized plan for trying to do the best job that I could do in every position I was able to obtain, and with a combination of preparation, hard work, and opportunity (through politics and community work) I think at least my career was put on the road to success. But I think from the very beginning it's important that you have a steady and balanced approach to what you","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"3 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":"123005977","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}