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Latinos & the Law > key words 12-19 > Flashcards

key words 12-19 Flashcards

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1
Q

racial composition of the U.S

A

White: 75.5%
Black: 13.6%
American Indian & Alaska Native: 1.3%
Hispanic or Latino: 19.1%
Non-Hispanic White: 58.9%

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2
Q

foundational features of Latino experience in the U.S.

A

conquest
by Spain (Cortes 1519-1521)
by the United States (war with Mexico 1846-1848)
immigration
push-pull factors
premature assimilation

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3
Q

tools and concepts

A

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

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4
Q

mestizo and mestizaje

A

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

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5
Q

heavy waves of immigration

A

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

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6
Q

Conquest of Mexico resulted in

A

stereotypes of Mexicans
concept of the Anglo Saxon
westward expansion

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7
Q

Students for Fair Admissions, Inc. v. Harvard University (2023)

A

race cannot play a direct part in admissions

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8
Q

“dirty dozen” lists

A
  • Micheal A. Olivas Essay discussing the lack of Latino representation in Law Professions
    o Immigration and Higher Education Law Focus & Associated Dean of TU
  • Only about 200 Latino law professors out of 6000 in country right now
    o Inflated numbers including Emeritus and Ally status and Spanish folks
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9
Q

5) immigration

A

i) formative force in Latino legal history
ii) nativism’s effect on how Latinos are perceived
* Nativism’s root: racialized economic struggle (too many for too little)

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10
Q

unintended consequences of militarized border

A

less “cycling” between United States and countries of origin
needing year-round work and taking jobs other than farm labor
kids forced to take on adult roles– premature assimilation

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11
Q

Natalie Escobar, Family Separation Isn’t New

A

child separation
Atlantic Article
U.S. immigration policy has traumatized migrant children and parents for nearly a century.

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12
Q

Alejandro Portes & Ruben Rumbaut, Legacies: The Story of the Immigrant Second Generation

A

segmented assimilation
lists three characteristics Mexican immigrant population
lists seven effects of low immigrant human capital and negative reception
advocates strongly for more attention and resources to avert downward assimilation (Downward assimilation is characterized by low aspiration for higher education, low college attendance, high rates of substance abuse, and criminal offences (Bankston and Zhou, 1995).Sep 5, 2018)

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13
Q

NAFTA (North American Free Trade Agreement) (1994) (Jose Luis Morin)

A

detrimental effect of economic and political interference in Latin America
* Compounded issues in Mexico by incentivizing wealth disparity and inability of Mexican farmers to compete with US agribusiness
* Anti-imperialist framework tracking the CIA coups in South America being reintroduced through austerity with NAFTA

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14
Q

Day of the Dead (John Ross)

A
  • Forcing the folks into the desert
  • Incredibly different celebration in Mexico than in the US
  • Militarized border has created immense death on the US side by shifting ports of entry into dangerous desert areas
  • Bill Onheen; Mentioned on pg. 480 explaining the horrific death suffered on the border
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15
Q

Early Cuban migrants treated more favorably than later ones

A
  • Progressively less white as the waves came; starting with the exodus of the landowners
  • Miami right wing shift
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16
Q

forces driving Latino immigration—push-pull factors

A

need of agribusiness for labor
U.S. corporate and military intervention in Latin America
neocolonialism, especially manufacturing and free trade policies

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17
Q

maquiladoras, role of in

A

free trade, global markets, and post-colonial theory
“factories that are largely duty free and tariff-free. These factories take raw materials and assemble, manufacture, or process them and export the finished product.”-Wikipedia

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18
Q

Patrisia Gonzales & Roberto Rodriguez, We Are All Zapatistas

A

Zapatista and other indigenous movements for self-government
describes indigenous groups and activities in Latin American countries
Rigoberta Menchu—Latin American activist and Nobel Prize winner
NAFTA decimated ejidos and small farms in Mexico

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19
Q

Monroe Doctrine (1823) and Roosevelt Corollary to it (1904) (Jose Luis Morin)

A

legitimation of U.S. interference in Latin America

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20
Q

Mexico’s underground railroad

A

aid to black American slaves

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21
Q

Gilbert Carrasco, Latinos in the United States: Invitation and Exile

A

seesaw of U.S. labor shortages and surpluses and role of bracero programs
early 20th century (easy border crossing, Mexican workers welcomed)
1917-1922 “temporary workers” (first bracero-type program, labor shortage)
1929-1939 Great Depression (Mexicans “repatriated” i.e. deported)
1942-1947 World War, II official Bracero Program (labor shortage)
1947-1951 bracero agreement (legalization of Mexican workers already in US)
1951-1964 Public law 78, official Bracero Program (labor shortage)
1954-1959 Operation Wetback (deportation)
Border Industrialization Program (Mexico, 1965)
Maquiladora Program (1994)
1986 Immigration Reform and Control Act (IRCA)

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22
Q

Roger Loewenstein, The Immigration Equation

A

It turns out that Borjas’s seemingly self-evident premise – that more job seekers from abroad mean fewer opportunities, or lower wages, for native workers – is one of the most controversial ideas in labor economics.-NY TIMES

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23
Q

Andri Chassamboulli & Giovanni Peri, The Labor Market Effects of Reducing the number of Illegal Immigrants

A

immigration benefits a receiving nation, but legalization is better to improve the economy

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24
Q

Rose Villazor & Kevin Johnson, The Trump Administration and the War on Immigration Diversity

A

debate over immigration is highly polarized
short summary of racially discriminatory immigration laws
benefits and faults of Immigration Act of 1965 which imposed annual quota of 120,000 immigrants from entire Western Hemisphere and adversely affected Mexicans

25
Q

Amy Wax, Debating Immigration Restriction

A

racial antipathy is based on cultural dissonance
advocates for more emphasis on U.S. nationalist priorities

“This article critiques our current politics of immigration, which is dominated by moralized and sentimental rhetoric. It argues for a more honest and balanced discussion of the merits of the status quo. A more mature debate would take into account many factors that now receive insufficient attention from politicians, academics, and the mainstream media, including the interests of voters and citizens as well as newcomers, legitimate nationalistic concerns both economic and cultural, the need for unity, stability, and cohesion through assimilation to a common culture, the primacy of American sovereignty through the maintenance of secure borders, and the integrity of the rule of law, which mandates the consistent enforcement of democratically enacted immigration laws. It should be incumbent on all sides to generate concrete reform proposals that give weight to all these concerns.”

26
Q

state and local rules discouraging immigration

A

unintended adverse effect on town’s economy

27
Q

Arizona v. United States (2012) & MALDEF memo

A

federal pre-emption of immigrant laws and practices
A state law that addresses immigration and alien registration is preempted where Congress has completely occupied the entire field.-Quimbee

28
Q

Rose Villazor & Pratheepan Gulasekaram, The New Sanctuary and Anti-Sanctuary Movements

A

sanctuary movement and humanitarian aid cities, churches, campuses

29
Q

unresolved civil rights issues of Latino immigrants

A

bracero compensation
1930s era deportations
Operation Wetback

30
Q

possible remedies for civil rights violations

A

reparations by US government
“deep pockets” reparations by past industrial and agricultural employers
class action based on equitable relief from statute of limitations
class action against Mexican government for its role
apologies

31
Q

Chae Chan Ping v. United States (1889))

A

plenary power’s role in immigration law

the Chinese Exclusion Case, was a case decided by the US Supreme Court on May 13, 1889, that challenged the Scott Act of 1888, an addendum to the Chinese Exclusion Act of 1882. -Wikipedia

32
Q

Gonzales v. Reno (2000)

A

federal agency decision trumps asylum request by child

33
Q

plenary power doctrine

A

judicial deference to political branches (legislative, executive)
based on link between immigration and foreign policy (sovereignty)
Chae Chan Ping—how it happened
Burlingame Treaty (1868, 1880)
Chinese Exclusion Act (1882)
Scott Act (1888)
Chae Chan Ping v. United States (1889)

34
Q

DACA (Deferred Action for Childhood Arrivals)

A

DACA (Deferred Action for Childhood Arrivals)

35
Q

“reverse immigration” and The Treaty of Guadalupe Hidalgo

A

Treaty of Guadalupe Hidalgo

36
Q

Robert Whitehill, Immigration: Let’s Get the Basics Right

A
  • Nonimmigrant Status
  • Immigrant Status
  • Permanent Residency
  • Naturalization (Requirements)
37
Q

Robert Whitehill, Immigration: Let’s Get the Basics Right

A

routes to citizenship
* Birthright Citizenship
* Citizenship through Marriage
* Family Unification

38
Q

Immigration Act of 1965

A

abolished national origins quotas
* Race determines how all immigration functions in the States
* 26k migrants allowed per country
o Long for the people coming from poor countries
o Short for the people coming from wealthy (white) countries

39
Q

SPLC report

A

H-2 “guestworker” program exploits and mistreats workers

40
Q

“nanny jobs”

A

somewhat like braceros
Au Pair

41
Q

racial profiling—stopping and questioning drivers who look Mexican

A

United States v. Brignoni-Ponce
The Fourth Amendment does not allow a roving law-enforcement patrol to stop a vehicle near the border and question its occupants based solely on the observation that the occupants appear to be of Mexican descent.-Quimbee
A “Mexican exception” to the Fourth Amendment (Alfredo Mirande

42
Q

Mexican poetry

A

La Raza, by James Perkinson
I Am Joaquin, by Rodolfo “Corky” Gonzales: https://www.latinamericanstudies.org/latinos/joaquin.htm

43
Q

cultural stereotypes (Richard Delgado & Jean Stefancic)

A

a. pathetic fallacy- attribution of feelings to nature/vice versa
b. empathic fallacy and the First Amendment- coined by the group; notion that there is an easy dispelling of problematic imagery through humanistic arguments
c. cognitive dissonance and the framing problem- man was just talking about debate bro culture
d. functional theory of racial stereotypes-
i. During slavery there was a monopoly of power held by whites to prevent rebellious thought
ii. Post civil war attempts at Black political acceptance
iii. Creation of stereotype as a means of social coercion

44
Q

Charles Ramirez Berg, Bordertown

A

Latino images in film
analysis of Chicano social problem films
Subalternization of Latinos in American cinema

45
Q

triple taboo (Richard Delgado)

A

social contact theory
Joel Kovel, psycho-dynamic theory

46
Q

post-colonial depictions of subaltern people

A

a writer’s use of language of the ruler can result in subjugation

47
Q

racial epithets (Richard Delgado & Jean Stefancic)

A

Racial epithets are derogatory expressions, understood to convey contempt and hatred toward their targets. But what do they actually mean, if anything? There are two competing strategies for explaining how epithets work, one semantic and the other pragmatic.

48
Q

racial stereotyping: resistance and nonresistance (Tom Kuntz)

A

Speedy Gonzales
“laughing it off”

49
Q

improvisational theater (Yolanda Broyles-Gonzales)

A

El Teatro Campesino
annual “Law Revue”
insinuative narratives
satire up/satire down

50
Q

Richard Delgado, Storytelling for Oppositionists and Others

A

counterstorytelling
Derrick Bell, And We Are Not Saved
mindset and narrative theory
stock stories

51
Q
  1. applied counterstorying
A

a. letter to UCLA Moot Court Executive Board
UCLA La Raza Org Petitioning for a more inclusive fact pattern for a major moot court competition, apology, & review committee
Original fact pattern was blatantly derogatory toward Latinos

52
Q

(Ediberto Roman, Who Exactly is Living La Vida Loca?)

A

stereotypical portrayals of minorities in film and the media
* Focus on the psychological effects of racism through media internalization
* Film Focuses
o Scarface
o Carlito’s Way
o Living La Vida Loca
* Crucial role in the establishment of Latino/a stereotyping effects
o External effect: Process of Othering by dominant group through terms
o Charting the connection between the establishment of negative opinions of Latinos to the later violence permitted against them
o Internal Effect: Process of racial stereotype internalization

53
Q

Erving Goffman

A

the stigmatized personality

54
Q

Richard Delgado, Words That Wound

A

hate speech
harms of
tort actions in civil court
criminal prosecutions (impermissible

55
Q

Virginia v. Black; also R.A.V. v. St. Paul

A

cross burning case
intent to intimidate
Ku Klux Klan
A statute is unconstitutional if it both bans cross burning done with the intent to intimidate and states that the act of burning a cross is itself prima facie evidence of the intent to intimidate.-Quimbee

56
Q

administrative remedies for hate speech

A

campus hate-speech codes

57
Q

Regina v. Keegstra (1990)(Canada)

A

a. Canada takes a different approach. Why?
* Broader application than Virginia (whole country instead of single territory)
* Canadian ban on cross burning

58
Q

Canadian Charter

A

a. advances ideal of multicultural/multiracial society
* Almost a copy of the American Constitution
* Canadian Standard of hate speech: Willful Promotion of Hateful Content
* Saving Graces
o Exclusion of private speech (the home)
o Defense of Truth
* Statute requires screening by the Attorney General of Canada instead of a local municipalities

Latinos & the Law (4 decks)

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