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9780816522798

Mexican Americans and the Law

by ; ; ;
  • ISBN13:

    9780816522798

  • ISBN10:

    0816522790

  • Format: Paperback
  • Copyright: 2004-02-01
  • Publisher: UNIVERSITY OF CHICAGO PRESS

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Summary

The experience of Mexican Americansin 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 withPeople 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 inMéndez v. Westminster(1946) to unequal funding inSan Antonio Independent School District vs. Rodríguez(1973) Gender issues: reproductive rights inMadrigal v. Quilligan(1981), workplace discrimination inEEOC v. Hacienda Hotel(1989), sexual violence inAguirre-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 inU.S. v. Brignoni-Ponce(1975) andU.S. v. Martínez-Fuerte(1976); public benefits issues inPlyler v. Doe(1982) andLeague of United Latin American Citizens v. Wilson(1997) Voting rights: redistricting inWhite v. Regester(1973) andBush v. Vera(1996) Affirmative action:Hopwood v. State of Texas(1996) andCoalition for Economic Equity v. Wilson(1997) Criminal justice issues: equal protection inHernández v. Texas(1954); jury service inHernández v. New York(1991); self incrimination inMiranda v. Arizona(1966); access to legal counsel inEscobedo v. Illinois(1964)With coverage as timely as the 2003 Supreme Court decision on affirmative action,Mexican Americans and the Lawoffers 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.

Table of Contents

List of Illustrations xi
Acknowledgments xiii
Introduction xv
Overview of the U.S. Court System xvi
Structure of this Book xx
List of Acronyms xxiii
1. Mexican Americans and the Law 3(17)
Brief History of Mexican Americans and the Law
4(3)
People v. Zammora (Sleepy Lagoon, 1944)
7(3)
Securing the Rights of Mexican Americans
10(1)
The Legal Construction of Mexican American Identity
10(1)
Hernandez v. Texas (1954)
11(2)
Other Legal Protections
13(1)
Theme of the Book
14(6)
Discussion Questions
17(1)
Suggested Readings
17(1)
Notes
18(2)
2. Educational Equality 20(21)
Segregation
20(3)
Méndez v. Westminister School District of Orange County (1946)
23(6)
Unequal Funding
29(1)
San Antonio Independent School District v. Rodriguez (1973)
30(5)
Other Educational Challenges
35(2)
Concluding Thoughts
37(4)
Discussion Questions
37(1)
Suggested Readings
38(1)
Notes
39(2)
3. Gender and the Law 41(24)
Reproductive Rights
42(2)
Madrigal v. Quilligan (1981)
44(3)
Sexual Harassment and Other Workplace Discrimination
47(3)
EEOC V. Hacienda Hotel (1989)
50(4)
Violence, Gender, and Sexual Identity
54(1)
Aguirre-Cervantes v. INS (2001)
55(6)
Concluding Thoughts
61(4)
Discussion Questions
62(1)
Suggested Readings
63(1)
Notes
63(2)
4. Law and Language 65(24)
Early History of Language in the United States
67(2)
Language as a Civil Rights Issue
69(1)
Ýñiguez v. Arizonans for Official English (1995)
70(7)
Language in the Workplace
77(1)
García v. Gloor (1980)
78(3)
Bilingual Education
81(2)
Serna v. Portales Municipal Schools (1974)
83(2)
Recent Challenges
85(1)
Concluding Thoughts
86(3)
Discussion Questions
86(2)
Suggested Readings
88(1)
Notes
88(1)
5. Immigration 89(26)
Securing the U.S.-Mexico Border
90(1)
U.S. v. Brignoni-Ponce (1975)
91(3)
U.S. v. Martínez-Fuerte (1976)
94(4)
The Challenge of Public Benefits
98(1)
Plyler v. Doe (1982)
99(8)
League of United Latin American Citizens v. Wilson (1997)
107(3)
Other Important Developments
110(2)
Concluding Thoughts
112(3)
Discussion Questions
112(1)
Suggested Readings
113(1)
Notes
113(2)
6. Voting Rights 115(19)
Voting Rights Litigation
115(2)
Reapportionment and Redistricting
117(2)
White v. Regester (1973)
119(2)
Redistricting after White
121(2)
Bush v. Vera (1996)
123(4)
Combining Forces with African Americans
127(2)
The Unrealized Hope of Statistical Sampling
129(2)
Concluding Thoughts
131(3)
Discussion Questions
132(1)
Suggested Readings
133(1)
Notes
133(1)
7. Affirmative Action 134(23)
Brief History of Affirmative Action
135(2)
Legal Standards for Reviewing Affirmative Action Programs
137(2)
Affirmative Action in Institutions of Higher Learning
139(4)
Hopwood v. State of Texas (1996)
143(9)
State Initiatives
152(1)
Coalition for Economic Equity v. Wilson (1997)
153(2)
Concluding Thoughts
155(2)
Discussion Questions
155(1)
Suggested Readings
156(1)
Notes
156(1)
8. The Criminal Justice System 157(20)
Fourteenth Amendment Equal Protection and Jury Exclusion
159(1)
Hernández v. Texas (1954)
160(2)
Hernández v. New York (1991)
162(1)
Voluntary Confessions and the Fifth Amendment Right against Self-Incrimination
163(1)
Miranda v. Arizona (1966)
164(4)
Sixth Amendment Right to Legal Counsel
168(1)
Escobedo v. Illinois (1964)
169(4)
Concluding Thoughts
173(1)
Discussion Questions
174(1)
Suggested Readings
175(1)
Notes
176(1)
Glossary 177(12)
List of Websites 189(2)
Figure Credits 191(2)
Index 193

Supplemental Materials

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