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The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system—but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status. Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law: - Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973) - Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001) - Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974) - Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997) - Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996) - Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997) - Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964) With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
This title is currently out of print. Introduction to the Mexican Real Estate System was written to fill a knowledge gap between foreign professionals, lenders, and investors, on the one hand, and the fascinating Latin country whose emerging economy, population, and opportunities will set the tone for North America development in the years to come. As the author says in his Introduction, "One may well debate whether the Americanization of Mexico is better or worse than the Mexicanization of the United States, but there is no longer any question of the direction in which history is moving." Neither an arid legal treatise, nor a compendium of experiential anecdotes, the book attempts to strike the right balance between the general and the specific, between the deep background and the nitty-gritty of daily practice, to deliver to its readers a functional knowledge of the subject.
Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).
Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.
A comprehensive view of the remarkable transformation of Mexico's political system to a democratic model. The contributors to this volume assess the most influential institutions, actors, policies and issues in the country's current evolution toward democratic consolidation.
During the Great Depression, a sense of total despair plagued the United States. Americans sought a convenient scapegoat and found it in the Mexican community. Laws forbidding employment of Mexicans were accompanied by the hue and cry to "get rid of the Mexicans!" The hysteria led pandemic repatriation drives and one million Mexicans and their children were illegally shipped to Mexico. Despite their horrific treatment and traumatic experiences, the American born children never gave up hope of returning to the United States. Upon attaining legal age, they badgered their parents to let them return home. Repatriation survivors who came back worked diligently to get their lives back together. Due to their sense of shame, few of them ever told their children about their tragic ordeal. Decade of Betrayal recounts the injustice and suffering endured by the Mexican community during the 1930s. It focuses on the experiences of individuals forced to undergo the tragic ordeal of betrayal, deprivation, and adjustment. This revised edition also addresses the inclusion of the event in the educational curriculum, the issuance of a formal apology, and the question of fiscal remuneration. "Francisco Balderrama and Raymond Rodríguez, the authors of Decade of Betrayal, the first expansive study of Mexican repatriation with perspectives from both sides of the border, claim that 1 million people of Mexican descent were driven from the United States during the 1930s due to raids, scare tactics, deportation, repatriation and public pressure. Of that conservative estimate, approximately 60 percent of those leaving were legal American citizens. Mexicans comprised nearly half of all those deported during the decade, although they made up less than 1 percent of the country's population. 'Americans, reeling from the economic disorientation of the depression, sought a convenient scapegoat' Balderrama and Rodríguez wrote. 'They found it in the Mexican community.'"--American History
One method of American territory expansion in the U.S.-Mexico borderlands was the denial of property rights to Mexican landowners, which led to dispossession. Many historical accounts overlook this colonial impact on Indigenous and Mexican peoples, and existing studies that do tackle this subject tend to privilege the male experience. Here, Karen R. Roybal recenters the focus of dispossession on women, arguing that gender, sometimes more than race, dictated legal concepts of property ownership and individual autonomy. Drawing on a diverse source base—legal land records, personal letters, and literature—Roybal locates voices of Mexican American women in the Southwest to show how they fought against the erasure of their rights, both as women and as landowners. Woven throughout Roybal's analysis are these women's testimonios—their stories focusing on inheritance, property rights, and shifts in power. Roybal positions these testimonios as an alternate archive that illustrates the myriad ways in which multiple layers of dispossession—and the changes of property ownership in Mexican law—affected the formation of Mexicana identity.