Chicana/o-Latina/o Law Review最新文献

{"title":"Empowering Our Children to Dream Without Limitations: A Call to Revisit the ‘Natural Born Citizen’ Requirement in the Obama Era","authors":"Claudine V. Pease-Wingenter","doi":"10.5070/C7291021192","DOIUrl":"https://doi.org/10.5070/C7291021192","url":null,"abstract":"This article examines the unique requirement in the U.S. Constitution that American presidents must be 'natural born' citizens. Although U.S. citizenship is constitutionally required to serve in other elected offices, the presidential requirement of 'natural born' citizenship is anomalous. Indeed, it has been criticized as establishing a type of second-class citizenship by excluding whole segments of our citizenry from ever aspiring to our country’s highest office. For example, citizens are excluded from eligibility if they were born outside the United States while their parents were serving our nation in the military, if they came to this country through adoption by American citizens, or if they were born in another country but immigrated and were eventually naturalized. Indeed, because naturalized citizens are excluded by the “natural born” requirement, the exclusion now disproportionately impacts people of color since most naturalized citizens are originally from Latin America or Asia.The 'natural born' citizen requirement directly impacts only a handful of politicians who might campaign for the White House but for their foreign birth. Nonetheless, the requirement indirectly impacts large numbers of children who can never aspire to the presidency due to a fluke of birth, over which they had no control. Such ineligibility is tragic because our nation’s highest office is a broad metaphor for childhood aspirations. The dreams of many children are stunted due to an anachronistic requirement in the Constitution. Moreover, the curtailing impact of the 'natural born' requirement on these children’s dreams is particularly ironic and out of place at the dawn of the Obama administration. The recent improbable election and inauguration of Barack Obama has inspired children around our country to dream big. If the son of a Kenyan shepherd can become the leader of the free world, surely no dream is out of reach if one works hard in school and perseveres. For American children born abroad, however, the dream of the presidency is still out of reach unless the out-dated 'natural born' citizenship requirement is removed. Modern scholars have consistently concluded that the 'natural born' requirement has outlived any usefulness it once had, and it is blatantly discriminatory. Nonetheless, past efforts to eliminate the requirement have not been successful. It is always a slow, arduous process to effect any constitutional amendment. To be successful, there must be a sizeable and passionate group willing to do the hard work to get it done. This article advocates that the families of children excluded by the 'natural born' requirement would be the best candidates to take up this cause. Specifically, a powerful alliance could be forged between parents serving in the military, the parents of foreign-born adoptees, and the parents of immigrant children.","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116740728","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":"Hernandez v. Texas: Legacies of Justice and Injustice","authors":"Kevin R. Johnson","doi":"10.2139/SSRN.625403","DOIUrl":"https://doi.org/10.2139/SSRN.625403","url":null,"abstract":"This paper was prepared for the Hernandez v. Texas at Fifty conference at the University of Houston law center in November 2004 commemorating the 50th anniversary of Hernandez v. Texas, a U.S. Supreme Court decision decided within days of Brown v. Board of Education. The Supreme Court's 1954 decision in Hernandez v. Texas was a legal landmark for Mexican Americans in the United States. In that decision, the nation's highest court ruled that the systematic exclusion of persons of Mexican ancestry from juries in Jackson County, Texas violated the Constitution. Even though Mexicans comprised more than 10 percent of the adult population, no person of Mexican ancestry had served on a jury in that county in the previous 25 years. That discrimination against Mexican Americans existed in the United States was no surprise to the greater Mexican community in 1954, which had long been relegated to second class citizenship in much of the Southwest. Housing and job segregation was common. Mexican Americans as a group were well aware that the United States had conquered Mexico's northern territories in a war of aggression, and that persons of Mexican ancestry had suffered mass deportations during the Great Depression, were beaten on the streets of Los Angeles by members of the armed forces in the infamous Zoot Suit riots during World War II, experienced exploitation and abuse through the Bracero Program that brought temporary workers from Mexico to the United States from the 1940s to the 1960s, and lived through raids and mass deportations in Operation Wetback in 1954, the very same year that Hernandez was decided. Although not alone among the states in discriminating against persons of Mexican ancestry, Texas had earned a reputation for its multiracial caste system. Indeed, in negotiating the agreements with the United States creating the Bracero Program, the Mexican government initially insisted on barring temporary workers from Texas because of the notorious discrimination against persons of Mexican ancestry in the Lone Star state. With Hernandez v. Texas, the law began to recognize the social reality of Mexican Americans in the United States, a development that occurred later than it did for other minority groups. A unanimous Supreme Court, in an opinion by Chief Justice Earl Warren, who also authored the unanimous opinion in Brown v. Board of Education, ruled that the Equal Protection Clause of the Fourteenth Amendment barred the systematic exclusion of persons of Mexican ancestry from juries, one of the institutions often identified as exemplifying the United States' commitment to democracy. As a legal matter, the Court only found that Mexican American citizens could not be barred as a group from jury service. However, the Court's decision meant much more than that. This paper highlights two important legacies of Hernandez v. Texas. First, as other commentators have observed, the Court's decision represented a critical inroad on the commonly-understood v","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123817223","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":"On the 30th Anniversary of the Chicano-Latino Law Review","authors":"Kevin R. Johnson","doi":"10.5070/C7231021141","DOIUrl":"https://doi.org/10.5070/C7231021141","url":null,"abstract":"This article is a slightly revised speech of the keynote speaker at the UCLA Chicano-Latino Law Review's 30th anniversary conference on \"Affirmative Action in Higher Education in the New Millennium\" in February 2002. Through the pages of the Chicano-Latino Law Review, the first law review that focused exclusively on issues of relevance to the Latina/o community, the article traces the struggles for affirmative action at UCLA School of Law. The long history of debate over affirmative action at UCLA includes a speech at a protest at the law school by Cesar Chavez, the famous President of the United Farm Workers, who proclaimed that \"[w]e are here with you because your cause is just.\" The article also considers how the Chicana/o Latino Law Review focused attention on particularly Latina/o civil rights issues, including immigration, language regulation, and bilingual education, long before these issues were the subject of analysis in mainstream law reviews.","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124577573","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":"Anti-Preference in Employment Law: A Preliminary Analysis","authors":"Allen R. Kamp","doi":"10.2139/SSRN.2786110","DOIUrl":"https://doi.org/10.2139/SSRN.2786110","url":null,"abstract":"There are bans on a ban on preferences based on these categories to the already existing ban on discrimination. Characterized as being anti-affirmative action, these proposals have been debated in terms of their constitutionality and desirability. This Article will analyze these proposals and basic legal questions. This Article finds that such statutes could change present law on employment and educational selection in unforeseen ways. Many now-current practices as diverse as favoring one's lover, hiring co-ethnics for a small ethnic firm, and admitting legacies into college could be illegal. It concludes that the proposals make an unstated and erroneous assumption that anti-preference rules are anti-affirmative action practices, which they often are not, and that anti-preference and anti-affirmative action equals a merit selection system, which it does not.","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1996-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133145862","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 Undocumented Alien Laborer and De Canas v. Bica: The Supreme Court Capitulates to Public Pressure","authors":"P. Nieto","doi":"10.5070/C730020923","DOIUrl":"https://doi.org/10.5070/C730020923","url":null,"abstract":"In a decision rendered this term, the United States Supreme Court in the case of DeCanas v. Bical has held Section 2805 of the California Labor Code2 constitutional, reversing a California Appellate Court decision to the contrary.' Section 2805(a) prohibits employers of that State from knowingly employing an alien who is not entitled to lawful residence if such employment would have an adverse effect on lawful resident workers. The grounds for the Court's decision included: (1) the regulation was not an unconstitutional regulation of immigration; 5 and (2) the provision was not invalid for the reason advanced by the lower court,' i.e., the regulation had been preempted under the supremacy clause of the Federal Constitution by the Immigration and Nationality Act.7 (Hereinafter cited INA).","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"60 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":"134066505","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 1986 Immigration Reform and Control Act as Antecedent to Contemporary Latina/o/x Migration","authors":"Mariela Olivares","doi":"10.5070/C7371048096","DOIUrl":"https://doi.org/10.5070/C7371048096","url":null,"abstract":"This essay focuses on a vital question: what can immigrant advocates learn from the history of immigration law and policy reform? The topic is vast, but in this essay, I offer a brief look at one of the most critical pieces of contemporary legislation — the 1986 Immigration Reform and Control Act (IRCA). I discuss the effects of IRCA on Latina/o/x migration through a historical and critical legal studies lens. First, I discuss the history of immigration law and policy and the important and undeniable intersections between immigration law and formal and informal racial and ethnic discrimination. I provide a brief review of the history prior to the passage of IRCA to understand the political context of its passage and of its effects. The essay then explores the passage of IRCA and its immediate effects on the legalization of millions of previously undocumented immigrants, while also noting the gendered implications of the legalization program. In fact, IRCA helped set the stage for continued gendered discrimination against women migrants by favoring the traditional male workforce in the agricultural industries. Moreover, despite its antithetical purpose, the legalization program resulted in increased rates of undocumented migration from Central America. Next, the essay contextualizes this historical perspective to more contemporary times by noting how IRCA-era migration trends are reflected in more recent numbers of Central American migration and in current political movements to legalize other sectors of undocumented immigrants, like in the Deferred Action for Childhood Arrivals (DACA) program and the now-failed Deferred Action for Parental Accountability (DAPA) program. More recently, these trends have influenced increased numbers of undocumented families and children to risk migration to the United States. The essay concludes by commenting on the continuation of these entrenched historical trends.","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","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":"127955735","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":"Capítulo 2: Donde Los Mexicanos Encajan En El Nuevo Orden Racial","authors":"Laura E. Gómez","doi":"10.5070/C7371048098","DOIUrl":"https://doi.org/10.5070/C7371048098","url":null,"abstract":"","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"159 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":"115682287","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":"Factory Raids and the Fourth Amendment: Balancing Law Enforcement and Constitutional Guarantees in","authors":"D. Olivas","doi":"10.5070/C770020955","DOIUrl":"https://doi.org/10.5070/C770020955","url":null,"abstract":"The Supreme Court of the United States will soon decide whether Fourth Amendment standards will prohibit certain tactics used in the enforcement of immigration laws by the Immigration and Naturalization Service. This Comment will argue that the tactics in question cannot withstand constitutional scrutiny; to uphold these tactics would simply deny well-entrenched precedent and run afoul of public policy. If the Court affirms the lower court's decision, factory workforces will be protected from unreasonable searches and seizures.","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"28 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":"122480397","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":"Language and Other Lethal Weapons: Cultural Politics and the Rites of Children as Translators of Culture - eScholarship","authors":"Antonia I. Castañeda","doi":"10.1002/9781405177603.ch11","DOIUrl":"https://doi.org/10.1002/9781405177603.ch11","url":null,"abstract":"* Chicana Feminist Historian; Professor of History, St. Mary's University; Ph.D., Stanford, U.S. History; M.A., University of Washington; B.A., Western Washington State College. I thank the Tejanas from El Golding, El Six, Crewport, y los otros campos de labor del valle de Yakima. Their translating stories are the heart of this paper. I thank Arturo Madrid, Alicia Gaspar de Alba, and Deena Gonzalez for reading and commenting on this essay. I thank Elizabeth Forsyth for editorial assistance.","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","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":"121904236","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":"Dodge & McCauley, Reapportionment: A Survey of the Practicality of Voting Equality, 43 U. Pitt. L. Rev. 527 (1982). - eScholarship","authors":"Rebecca Jurado","doi":"10.5070/C760020947","DOIUrl":"https://doi.org/10.5070/C760020947","url":null,"abstract":"","PeriodicalId":411033,"journal":{"name":"Chicana/o-Latina/o Law Review","volume":"5 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":"127100575","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}