Berkeley La Raza Law Journal最新文献

{"title":"Contemplating the WTO from the Margins","authors":"R. Gordon","doi":"10.15779/Z38G95B","DOIUrl":"https://doi.org/10.15779/Z38G95B","url":null,"abstract":"The World Trade Organization (WTO) is an increasingly powerful and sophisticated organization that is at the center of both the world trade system and what is often posited as the inexorable tide of globalization. Its membership is nearly universal, 1 and unlike international financial institutions such as the World Bank, it has a more democratic governing structure where each nation has a vote and decisions are made by consensus. The vast majority of its Members are the poor and unindustrialized nations of the Third World. Development is always at the center of Southern tier goals, and trade has now been explicitly linked to development. Indeed, there are provisions in WTO Agreements regarding special and differential treatment, and economic development. Moreover, WTO agreements now contain special provisions for least developed countries, many of which are found on the African continent. Notwithstanding these dispensations, the nations of Africa and other small, poor, unindustrialized nations that are on the periphery of the international trade system remain in rather wretched economic circumstances, and they appear set to remain there indefinitely. This essay speaks to the location of these nations within this paradigm and to their prospects for achieving their goals within the contemporary system. It begins with a brief and very general outline of how the trade regime has responded to the needs of Southern tier countries, and then explores how the WTO as an institution bears upon these nations, including an appraisal of how they have fared within an organization that professes to be more democratic. It then turns to development, which is the perpetual benchmark for impoverished nations in the international system and the reason they have endeavored to become part of the international trade regime. This essay then considers the intersection of the neoliberal development paradigm and a WTO ideology that claims it can raise all boats, including the vessel that will finally realize development. The premises underlying both of these theories will be explored, as well as whether these undertakings may ultimately prove impossible to attain. Even if there is commitment and enthusiasm on all sides, it is likely that any good faith emanating from the industrializing world will fade when their domestic constituencies begin pressing for protection.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"1 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":"131508716","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":"HIV Exclusion of Immigrants under the Immigration Reform & Control Act of 1986","authors":"Bettina M. Fernandez","doi":"10.15779/Z38SQ1B","DOIUrl":"https://doi.org/10.15779/Z38SQ1B","url":null,"abstract":"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"30 12 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":"132302505","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":"Tapping into California's Central Valley's Hidden Wealth: Its Rich Cultural Capital","authors":"I. Fujimoto, G. Sandoval","doi":"10.15779/Z38BG5V","DOIUrl":"https://doi.org/10.15779/Z38BG5V","url":null,"abstract":"An untapped and powerful resource exists in the Central Valley of California: the social capital and cultural richness of its people. The Central Valley is one of the most ethnically diverse regions in the United States, yet many of its people remain hidden and relatively untapped as civic participants. Harnessing the hidden energy of the Valley's rich diversity would allow for the development and utilization of the cultural capital emerging from ethnic communities throughout the Central Valley. This cultural capital and knowledge, turned to the socioeconomic advantage of the Valley's diverse communities, can be harnessed in helping increase the political' and economic capital 2 of these marginalized ethnic groups and benefit the entire Central Valley. Generally, as immigrant communities get established, they begin addressing issues that are important to creating better lives for the members of their communities. This has been the migration history of groups adapting to their new host settlement in the United States. These adaptations might include creating equal access to resources, gaining a fuller understanding of their new host society, increasing opportunities for quality education and creating working conditions paying a living wage. This paper examines the rich ethnic diversity of the Central Valley, its ever strengthening cultural and economic capital, and the Valley's potential to harness its cultural and economic capital to create political mobilization within the region. Such political mobilization of the region's communities would allow the communities themselves to work towards resolving their social and economic concerns, and would bring much needed national attention to the region. What follows is an overview of the Valley's ethnic diversity, patterns of immigrant settlement, the ethnic contribution to the Valley's (and California's) agriculture, various barriers to settlement and different strategies that ethnic groups have developed to deal with these barriers. Finally, the paper concludes with a discussion of possibilities for political empowerment (increasing political capital) by tapping into the rich vein of cultural capital which currently exists in Valley communities. The initial steps","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"92 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133847107","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 Bitter Tears of Jesse Owens","authors":"Anthony Paul Farley","doi":"10.15779/Z38QQ22","DOIUrl":"https://doi.org/10.15779/Z38QQ22","url":null,"abstract":"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"96 1 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":"132833053","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":"Trends in Black and Latino Segregation in the Post-Fair Housing Era: Implications for Housing Policy","authors":"A. Santiago","doi":"10.15779/Z38RM1V","DOIUrl":"https://doi.org/10.15779/Z38RM1V","url":null,"abstract":"Despite the enactment of fair housing legislation during the 1960s, decades of restrictive access to communities outside of traditional minority neighborhoods have reinforced highly segregated residential patterns within U.S. metropolitan areas.' Although levels of Black/Anglo segregation have declined markedly since 1968, Blacks still are highly segregated from nonLatino Whites (Anglos),2 regardless of their socioeconomic status.3 Moreover, Latino segregation from Anglos has increased in a number of metropolitan areas during the past 20 years.4 Further, the level of interminority (i.e., Black and Latino) segregation has remained moderate to high.5 Rather than disappearing, segregated residential areas have become permanent fixtures in urban areas. As Moore and Mittelbach6 argued on the eve of the Fair Housing era, the urban ghetto was a device by which certain residents (most notably, Blacks, Mexicans, Puerto Ricans, and American Indians) became trapped in subordinate positions within society. Housing segregation became a convenient way of ensuring the continuity of the status quo. A resurgence of interest in both the effects of sustained segregation and the causes of the increased impoverishment of minorities in America's central cities has propelled scholars to reexamine the importance of place as a","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"42 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":"132897887","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":"Educational Rights and Latinos: Tracking as a Form of Second Generation Discrimination","authors":"P. Noguera","doi":"10.15779/Z38Z955","DOIUrl":"https://doi.org/10.15779/Z38Z955","url":null,"abstract":"The cumulative effects of civil rights laws and policies have substantially eliminated official forms of racial discrimination. However, new forms of bias and discrimination remain firmly intact in institutional practices and procedures.' Moreover, due to their more subtle nature, these insidious forms of racial discrimination constitute barriers to racial justice that are in many ways more difficult to overcome. This is particularly true for Latinos in the area of educational rights. Past efforts to promote civil rights in education focused on issues of access through desegregation of the public schools,2 and to a lesser extent a more equal distribution of resources.3 Current efforts focus on different issues including tracking, the cultural content of curriculum, language rights, educational leadership, and representation.4 Although fundamental principles of fairness and equity remain central to the new civil rights agenda, new complex and controversial issues arise, issues which may be much more difficult to address than the official forms of discrimination targeted by past civil rights efforts. Several important differences between the past and present civil rights struggles in education must be understood. First, the civil rights efforts of the previous generation aimed at eliminating overt forms of blatant dis-","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"162 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":"116298737","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":"Voting Rights Reforms North and South: Life Becomes Tougher for Incumbents","authors":"M. Gelfand","doi":"10.15779/Z38J65W","DOIUrl":"https://doi.org/10.15779/Z38J65W","url":null,"abstract":"The first two quotations express the fears of incumbents facing the prospect of one-person, one-vote redistricting or racial vote dilution litigation that may disrupt their traditional constituency base. Indeed, as the third quotation explains, sometimes federal court intervention may result in substantial changes designed to increase political participation, especially on the part of minority groups. Yet, none of these reforms","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"273 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":"117036908","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":"Reparations and the Colonial Dilemma: The Insurmountable Hurdles and Yet Transformative Benefits","authors":"Ediberto Román","doi":"10.15779/Z384H2X","DOIUrl":"https://doi.org/10.15779/Z384H2X","url":null,"abstract":"The Seventh Annual Latina and Latino Critical Race Theory (\"LatCrit\") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled \"Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism.\" Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel touch upon Puerto Rico's colonial dilemma, not all addressed the issue of reparations. It is the topic of reparations that is the focus of this cluster introduction. The topic of reparations provokes strong feelings because, among other reasons, it is a request of the dominant culture to atone for past wrongs, primarily through monetary relief. For many, the response to any request for reparations, but particularly for a request from the inhabitants of Puerto Rico, would be: \"Why reparations?\" Not unlike reparations claims for Native Hawaiians, opponents to a Puerto Rican reparations effort would probably deem the reparations claims unavailing because the opponents simply would fail to perceive that any legal wrong has occurred. This cluster introduction will address this question of \"why reparations.\" Before addressing the nascent Puerto Rican reparations debate, a brief description of LatCrit theory is in order.","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"1011 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":"116455812","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":"No Child Left Behind: Why Race-Based Achievement Goals Violate the Equal Protection Clause","authors":"Ayriel Bland","doi":"10.15779/Z38X67H","DOIUrl":"https://doi.org/10.15779/Z38X67H","url":null,"abstract":"No Child Left Behind (NCLB) was passed in 2002 under President George W. Bush with the goal of increasing reading and math proficiency for all children in the United States by 2014. However, as time progressed, meeting this goal appeared improbable. Many states reacted by using waivers to set race-based achievement standards, differentiating proficiency goals among student subgroups,2 including racial minorities. This note argues that race-based proficiency goals violate the Equal Protection Clause of the Fourteenth Amendment. While race-based achievement goals may serve a compelling state interest in promoting educational proficiency, ultimately these goals are not narrowly tailored to achieve that interest and thus fail strict scrutiny. In part, these race-based goals are not narrowly tailored due to the potential negative psychological effects they cause minorities, particularly African and Latino Americans. Race-based standards act as state-approved stamps of inferiority on particular minority groups, which will likely have detrimental effects on their self-esteem3 and performance on 4 standardized tests. Part I provides a short history of NCLB, including some of the educational problems Congress targeted and the states' methods of implementing NCLB. Additionally, Part I explains how states have used waivers to escape their students' inevitable failure to meet NCLB's complete proficiency and also discusses the rise of race-based achievement goals by presenting arguments for and against these goals. Part II argues that race-based goals violate the Equal Protection Clause because they are not the narrowest means of achieving NCLB's proficiency requirements, which I support with psychological studies on African-American students. Lastly, Part III briefly introduces many equally-effective alternatives to race-based achievement","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"118 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":"114906152","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":"Legality of Covert Action under Contemporary International Law","authors":"Berkeley La Raza Law Journal","doi":"10.15779/Z38GD3N","DOIUrl":"https://doi.org/10.15779/Z38GD3N","url":null,"abstract":"This comment will discuss the legal status of covert action within the framework of contemporary international law. Covert action can tentatively be defined as a spectrum of coordinated coercive measures, short of direct military assault, secretly exercised by one state in order to influence the sovereign affairs of another. To explicate this definition, United States involvement in Chile during the early 1970's and currently in Nicaragua will be examined. This comment will argue that although covert action may not involve direct use of armed force, it is a form of intervention generally forbidden under international law. Covert action is a foreign policy option not available to most or even many states.' It is an option generally reserved to the superpowers and exercised against Third World nations.2 Only the superpowers, with their military superiority can rest assured that even if they are discovered in their covert activity, they will generally be safe from retaliation by the subject nation. Nations who are weak militarily cannot take similar risks. The superpowers are also uniquely able to exploit the economic dependency of Third World nations who have only recently broken away from colonialism, and whose national economies are in many cases presently incapable of surviving without steady assistance and trade with the superpowers.3 The increased use of covert activity is linked to the pressure on states to refrain from open warfare.' Recognizing that intervention into another nation's sovereign domain in an attempt to influence its independent policy is threatening to international peace and order and even threatening to the existence of states as states, most jurists have condemned such acts.' However, these jurists have generally focused","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"250 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":"124749762","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}