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Latinos & the Law > Key Words 1-6 > Flashcards

Key Words 1-6 Flashcards

1
Q

foundational features of Latino experience in the U.S.- Conquest

A

by Spain (Cortes 1519-1521)

by the United States (war with Mexico 1846-1848)

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2
Q

foundational features of Latino experience in the U.S.- immigration

A

(a) push-pull factors
(b) premature assimilation

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3
Q

Major Tools & Concepts

A

black-white paradigm of race
postcolonial theory
internal colony
critical race theory

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4
Q

Mestizo

A

a person of mixed European and indigenous non-European ancestry in the Spanish Empire.[3][4] In certain regions such as Latin America, it may also refer to people who are culturally European even though their ancestors are indigenous.

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5
Q

mestizaje

A

In the modern era, mestizaje is used by scholars such as Gloria Anzaldúa as a synonym for miscegenation, but with positive connotations.[8]-Wikipedia

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6
Q

waves of Mexican immigration

A

early immigration in early 20th century
Bracero programs 1917-1964
1990s to present day

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7
Q

involuntary immigrants (Robert Blauner)

A

The border, not the people, moved to encompass Mexicans into the United States.

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8
Q

American & Spanish Conquest resulted in what for Mexicans

A

stereotypes of Mexicans
concept of the Anglo Saxon
westward expansion

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9
Q

Reginald Horsman, Race and Manifest Destiny

A

extension of U.S. boundary to the Pacific Ocean to establish commerce with Asia
belief in championing Anglo-Saxon values and superiority
fear of interbreeding and genetic inferiority

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10
Q

Los Patricios

A

St. Patrick’s Battalion- was a Mexican Army unit which fought against the United States in the Mexican–American War.

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11
Q

Treaty of Guadalupe Hidalgo (1848) Article 8

A

provided federal citizenship for Mexicans choosing to stay

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12
Q

Treaty of Guadalupe Hidalgo (1848) Article 9

A

allowed Congress to determine when territories could become states

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13
Q

Treaty of Guadalupe Hidalgo (1848) Article 10

A

addressed the validity of Mexican land grants, but had no teeth because it had not been ratified

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14
Q

Land Claims Protocol

A

Replaced Art. 10 of the Treaty of Guadalupe-Hidalgo; continued Mexican land possession in the new region with stipulations

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15
Q

terms associated with Mexican concept of agricultural property ownership-in-common

A

ejidos, mayordomos, acequias

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16
Q

Ejidos

A

an area of communal land used for agriculture in which community members have usufruct rights rather than ownership rights to land, which in Mexico is held by the Mexican state.

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17
Q

Mayordomos

A

a manager of a hacienda, ranch, or estate.

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18
Q

acequias

A

a community-operated watercourse used in Spain and former Spanish colonies in the Americas for irrigation.

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19
Q

Social Banditry

A

(Robert Rosenbaum)
examples: Robin Hood, Lopez Reyes Tijerina, Juan Cortina, Gregorio Cortez–>corridos

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20
Q

Corridos

A

a famous narrative metrical tale and poetry that forms a ballad.

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21
Q

Juan Perea: Buscando America

A

segregation of Anglo and Mexican school children based on the social construction of race

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22
Q

Carey McWilliams

A

journalist and lawyer, against school segregation

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23
Q

Juan Perea, The Black/White Binary

A

community attitudes test–> white normativity; an assessment intended to detect subconscious associations between mental representations of objects (concepts) in memory.[1] Its best-known application is the assessment of implicit stereotypes held by test subjects, such as associations between particular racial categories and stereotypes about those groups

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24
Q

Mendez v. Westminister (1947)

A

segregation of Anglo and Mexican school children ; Pre-Brown argument success

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25
Hernandez v. Texas (1954)
white normativity (Mexicans considered white for purposes of “fair” trials in Texas) led to “other white” strategy for Mexican-American advancement (LULAC)
26
Puerto Rican Demographics
Characterized by repetitive conquest; lack of self determination; large poverty divide
27
Treaty of Paris
Created American-held Puerto Rico no promise of U.S. citizenship civil and political rights to be determined by U.S. Congress
28
Foraker Act of 1900
Addressed taxation on the Island
29
Insular Cases (example: Downes v. Bidwell (1901))
one of many Supreme Court cases in the early 1900s that address the political status of Puerto Rico and a few other territories (a complicated subject that continues to PR lacks a jury trial right
30
Balzac v. People of Porto Rico (1922)
certain constitutional rights must be legislated by Congress before they apply to Puerto Rico
31
Rubin Weston, Racism in U.S. Imperialism
statutory citizenship for PR--> failed campaigns and legislative debates about citizenship of Puerto Ricans
32
Ediberto Roman, Empire Forgotten
commonwealth status for PR; Public Law 600 left colonial relationship intact; U.S. faced likely embarrassment with increasing international scrutiny
33
“independentista” movement
By the 1960s, a new phase of the Puerto Rican independence movement began. Several organizations began to use "clandestine armed struggle" against the US government. Underground "people's armies" such as Movimiento Independentista Revolucionario en Armas (MIRA),etc. The Ejército Popular Boricua (EPB), and others began engaging in subversive activities against the US government and military to bring attention to the colonial condition of Puerto Rico.
34
Cuban waves of immigration
1959-1962 upper class and educated- White 1965-1974 working class and darker-skinned 1980 Marielitos (embarking from the port of Mariel) including criminals and the insane (mandated by Castro) o Began during the UN colonial monitoring * 1994+ desperately poor traveling on balseros (homemade rafts) o End of Cold War o Dereck Bell Interest-Convergence (Pro-Cuban and Anti-Communism coming together) o Mary Dudziak Cold War Civil War
35
how interest convergence affected Latino progress
* Public Law 600/UN monitoring of self-determination—Puerto Ricans (1950) * Hernandez v. Texas/Communist indigenous agitation in Latin America—Mexicans (1954) * acceptance of first wave of Cuban migration/Cold War—Cubans (1959)
36
Cuban Refugee Program
provided financial, relocation, and educational assistance to Cuban refugees A multifaceted program providing financial, relocation, and educational assistance to Cuban refugees; Free Temp housing/ financing/ custody assistance/ job training/ money to not be Commie (seems self-defeating)
37
Senate Report No. 989, Sept. 12, 1961
some Floridians objected to financial assistance for the refugees-->
38
President Lyndon B. Johnson & Cuba
expressed a spirit of welcome to Cubans
39
House Report No. 1978, Sept. 1, 1966
approves permanent resident status for Cubans admitted to the United States subsequent to January 1, 1959
40
Cuban Adjustment Act of 1966
Legislative Act that describes permanent resident status; Cubans are not auto-white
41
Complementarity & Immigration- Wing It
An influx of high-skilled immigrants lowers the wages of skilled workers, raises the wages of unskilled workers, and because of the relative complementarity between capital and skilled labor, substantially raises the rate of return to native-owned capital. By contrast, an influx of unskilled immigrants produces an opposite effect on wages, and has only a negligible effect on the return to capital. Because of capital–skill complementarity, an increase in the number of skilled immigrants generates an immigration surplus—the overall welfare benefit accruing to the native population—that is approximately ten times larger than the immigration surplus generated by an identical increase in the number of unskilled immigrants.
42
Matter of Masson (1968)
granted permanent resident status to a Haitian who was a native of Cuba, even though he was not a refugee
43
Reaction to later waves of Cuban immigration
Many in 3d wave of Marielitos and 4th wave of balseros had been detained or imprisoned because of suspected or actual past criminal behavior.
44
Cuban American Bar Ass’n v. Christopher (1995)
Imprisoned refugees at Guantanamo had no rights because it is not part of the United States
45
Romero v. U.S. Immigration and Naturalization Service (2005)
Supreme Court upholds preferential treatment for Cubans, an undocumented Mexican loses out
46
wet-foot/dry-foot policy for Cubans
who can enter the U.S. while crossing the water no longer in effect, but interesting for its historical function
47
plenary power
limits judicial review of Executive action in area of immigration
48
17) Latinos and the Census
* Census considers Latinos as an oppressed group * Census places Latino identity within the ethnic category
49
Angel Oquendo Re-imaging the Latino/a Race
"[C]ondemns "racial" subcategories, such as "Black Hispanics" and "White Hispanics," which have been increasingly gaining currency, and ultimately suggests that such categories should be vehemently rejected."
50
1790 Naturalization Act
Utilized the Arab and Japanese are white cases to establish Latino as a recognized racial group and that they are white early race cases (also known as prerequisite race cases) upholding white requirement for citizenship
51
status of Mexicans as a legally cognizable class
Richard Delgado & Vicky Palacios; Limitations of Hernadez; Latinos are a racial group but are too dissimilar to bring class actions- Extreme disadvantage in the court system; More difficult to litigate; more expensive to litigate; lower public impact from litigation
52
Areas of civil rights litigation that receive judicial approval
Status under equal protection law Status under Rule 23—class actions
53
Carnalismo
Chicano term for brotherhood, kinship, belonging, blood ties
54
Interest Convergence & Hernandez
Discussion of the Latino race as the ability to form a protected class; Combined by: Spanish language; group identity (Carnalismo); common oppression; shared heritage narratives; common culture; Issues w/ Race Class Protections: Skin tone difference; class divides; linguistic issues; differing appeals to whiteness; Why converge today: Necessary Latino vote; large economic consumer power in Latino Community; competition for moderate Islam? (prevent radicalization of Muslims by other racial securities given to Latinos)
55
St. Francis College v. Al-Khazraji
Adopts social construction theory of race, note tortured attempts to define who was Caucasian (white)
56
George Martinez, The Legal Construction of Race
other white litigation strategy; Anti-Blackness as a legal strategy; Being white got less hype in the 1960s
57
internal colony theory
Jose Luis Morin, also Rudolfo Acuna; Cooption of educated class for colonizer benefit; Denial of rights and benefits along with the expectations of law abiding
58
George Martinez, Legal Determinacy
Legal indeterminacy; Law is so open textured that 90% of cases, the result is a toss up based on judge discretion; Counter-stories are intended to offer a remedy for litigation based on the imperial function of the courts
59
Ian Haney Lopez, The Social Construction of Race
race as choice; Racial self determination
60
Leslie Espinoza, Multi-Identity
linguistic assimilation
61
assimilation
the act or process of assimilating, or of absorbing information, experiences
62
identity politics
multiple; multiracial; intersectional
63
Latino lynching
The history of lynching of ethnic Mexicans living in the Rio Grande Valley (also called "Tejanos") is tied to broader historical context, including the Mexican Revolution, border raids and violence, Anglo-American migration to South Texas, and the agricultural revolution. The completion of the Brownsville railroad in the early twentieth century created an influx of Anglo-American migrants to the region driven by promises of economic capital in the agricultural industry.
64
Richard Rodriguez, Hunger of Memory
“scholarship boy”; He claims that the scholarship boy is technically defined as a student who is extremely talented but is changed by the school environment. This means that they (the students) can be extremely cultured at home but as soon as they start learning about other cultures through the education process, they change remarkably.
65
David Gutierrez, Walls and Mirrors
repatriation campaigns of the 1930s by the U.S. government
66
LULAC (League of United Latin American Citizens)
Mexican American/Mexican immigrant conflict; More Conservative Org.

Latinos & the Law (4 decks)

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