{"title":"Brief of Amici Curiae, the New Mexico Hispanic Bar Association, the New Mexico Black Lawyers Association, and the New Mexico Indian Bar Association","authors":"Berkeley La Raza Law Journal","doi":"10.15779/Z38794H","DOIUrl":"https://doi.org/10.15779/Z38794H","url":null,"abstract":"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"2004 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":"121077852","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 Simpson-Mazzoli Bill in the Ninety-Eighth Congress","authors":"L. Wong","doi":"10.15779/Z380D3T","DOIUrl":"https://doi.org/10.15779/Z380D3T","url":null,"abstract":"On February 17, 1983, Senator Alan K. Simpson of Wyoming resurrected his immigration proposal, the Immigration Reform and Control Act of 1983, better known as the Simpson-Mazzoli immigration bill. Before introducing it to Congress, however, Senator Simpson remarked that \" . . . uncontrolled immigration is one of the greatest threats to the future of this country, . . . portend[ing] much injury ... to American values, traditions, institutions, and to our way of life.... .\" That statement has set the tone of debate this year for a highly complex and little understood subject. Designed to \"regain\" control over our borders, the legislation is enforcement-oriented. It attempts to halt the flow of undocumented workers into the United States by creating a graduated system of penalties against persons or entities who knowingly hire, recruit or refer for employment \"unauthorized\" aliens. It proposesto allocate more resources to the Immigration and Naturalization Service for increased border patrol and other enforcement activities. It also seeks to streamline the adjudication and asylum procedures, as well as substantially curtail the availability of judicial review. Aside from these enforcement features, S. 529 and H.R. 1510 would restrict future legal immigration to the United States. Both versions of the bill prohibit adjustment of status 2 to aliens who violate the terms of their non-immigrant visas. Thus, an alien who is out of status would not be able to remain in the country to await the issuance of his permanent resident visa. Additionally, foreign students in the process of immigrating would have to return to their home countries for a period of two years before they could re-enter the United States as lawful residents. Only limited exceptions to this rule would be allowed. The Senate version attempts a more extensive reorganization of legal immigration by","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":"123959743","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":"Ya Es Tiempo para Revitalizar los Derechos al Voto de los Puertorriquenos","authors":"Katherine Culliton-Gonzalez","doi":"10.15779/Z381M21","DOIUrl":"https://doi.org/10.15779/Z381M21","url":null,"abstract":"Mas de un mill6n de Puertorriquefios pueden estar viviendo sin las protecciones de sus derechos garantizados por el Acta de los Derechos al Voto de 1965. La secci6n 4(e) del Acta (\"VRA\" por sus iniciales en Inglds) fue promulgada especificamente para prohibir la negaci6n de derechos al voto de las personas nacidas en Puerto Rico con cualquier inhabilidad de leer, escribir, y/6 entender Inglks. La Corte Suprema ha subrayado que el \"efecto prdctico\" de 4(e) era prohibir la negaci6n del derecho de votar a los segmentos grandes de la comunidad Puertorriquefia y asi, enfocar los objetivos de la clfusula sobre igualdad de protecci6n con respeto al derecho que es la \"preservaci6n de todos los derechos. ' , 2","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"23 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":"125911172","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 Lessons of Keyes: How Do You Translate The American Dream","authors":"R. Moran","doi":"10.15779/Z386W88","DOIUrl":"https://doi.org/10.15779/Z386W88","url":null,"abstract":"","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":"130844791","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":"Bridging Gibraltar: Latinos as Agents of Reconciliation in Relations between Black and White America","authors":"M. V. Hernandez","doi":"10.15779/Z384665","DOIUrl":"https://doi.org/10.15779/Z384665","url":null,"abstract":"This Article argues that Latinos/as are uniquely situated and destined to serve the critical role of agents of reconciliation and healing in American race relations, particularly between black and white America. If we choose to take up the mantle of racial healing and reconciliation, we can be a powerful force for positive change.","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":"125612959","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":"Remembering Mary Dunlap as a Student","authors":"H. Kay","doi":"10.15779/Z38GT5FF1N","DOIUrl":"https://doi.org/10.15779/Z38GT5FF1N","url":null,"abstract":"","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"69 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":"120860062","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":"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":"Civil Rights and Immigration: Challenges for the Latino Community in the Twenty-First Century","authors":"Kevin R. Johnson","doi":"10.15779/Z38TH37","DOIUrl":"https://doi.org/10.15779/Z38TH37","url":null,"abstract":"This Symposium, Demography and Distrust: The Latino Challenge to Civil Rights and Immigration Policy in the 1990's and Beyond, is devoted to two related issues of central importance to the Latino' community in the United States, civil rights and immigration. Latino activists understandably are preoccupied with civil rights questions, which run the gamut from enforcement of anti-discrimination laws to guaranteeing voting rights to maintaining and promoting bilingual education in the public schools. Immigration from Latin America, which by almost all accounts has in-","PeriodicalId":408518,"journal":{"name":"Berkeley La Raza Law Journal","volume":"125 931 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":"127010271","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":"Selecting Students for Bilingual Education under the Keyes Agreement","authors":"K. Baker","doi":"10.15779/Z389Q1H","DOIUrl":"https://doi.org/10.15779/Z389Q1H","url":null,"abstract":"The Keyes agreement' details the procedures for identifying the students eligible for enrollment in the Denver bilingual education program. First, the agreement requires that a home language survey be conducted which asks whether: (1) the student's first language is other than English; and (2) someone speaks a non-English language in the student's home. Secondly, if the answer to either of these questions is \"yes,\" the student is tested for English oral proficiency and, if in grade two or above, the student undergoes testing in academic achievement in language and reading as measured by a standardized achievement test; and all students are tested for English oral proficiency. A student is assigned to the bilingual program either if the oral proficiency test classifies him as limited English proficient or if the student scores below the cutoff score on the CTBS (Comprehensive Test of Basic Skills)-the thirtieth percentile for elementary school or the fortieth percentile for middle and high school. In this article I will examine whether this procedure can successfully identify students who would benefit from instruction in a non-English language as called for by the Keyes agreement. I begin with the problems encountered in trying to determine which students are eligible for bilingual education. Secondly, I discuss the multiple causes of poor performance in school-causes which were not taken into consideration as part of the Keyes selection methods. Lastly, I look at the problems associated with the specified methods for transferring students from the bilingual program into the regular English-speaking classroom.","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":"128798447","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}