Key Words 6-11

Question 1

Jose Luis Morin, Latino/a Rights in the United States

Answer 1

• Imperialism as the white mans burden imposing proper morality on Brown folk/Mexicans
• Perpetuated with the Spanish American War- pretextual idea of dominance
  o Began as assistance to Cuban Independence
  o Lack of moral justification to the Conquest of Cuba but Secured through Platt Amendment to allow US policing of Cuban affairs and Guantanamo access
• SCOTUS reified racial caste system (black/white)
• Creation of the Caribbean racial stereotypes through analogies of Mexican/Latino issues
  o Remember lack of PR jury trial right since time of conquest
• Americans in Cuba tourism ended by Fidel Castro
  o Securing of human rights through proper education and medical care in the villages

Question 2

Spanish-American War 1898

Answer 2

ceded Puerto Rico to U.S. resulting in second class citizenship for the island

Question 3

broker class (Rodolfo Acuna)

Answer 3

• Class relation exacerbation through colonial creation of Useful Minorities
  o Quid pro quo of imperial authority and imperial money
• House slave discussion- they light skin and caretakers- center of reproductive labor within the plantation economy
• Used in middle management and front facing corporate activities to promote colonized acceptance
• Community Marketers; Lawyers

Question 4

workplace discrimination and Title VII

Answer 4

• Selling out v. Speaking truth to power
• Main focus of the Cornel West discussion
  o A way to limit and frame the discussion
  o Feuding over the black/white paradigm of race (West is pro/Shorris is anti)
  o Called West an Anglo

Question 5

Badillo v. Dallas County Community Action Comm. (1975)

Answer 5

• Concerned about the presence of jobs and work centers
• Workplace discrimination case; disparate impact theory based on class association
• 1965- Pres. Lyndon-Johnson declared war on poverty and established the Dallas Community Center

Question 6

Badillo v. Dallas County Community Action Comm. (1975)
* Why did Mexicans lose?

Answer 6

o First guy was overly invested in finding evidence of discrimination experienced while on the clock- didn’t clock enough hours for the work hired
o Medrano: scored below two Black men on an applicant test
o Cervantes: lost job due to restructuring and gave her old job to a Black person
o Class Action: petitioning for community centers in Latino areas; fails due lack of overwhelming number of Mexicans in any one particular area
 No one knows what the plus factor is: Likely means that a Title 7 statistical issue requires some explicit showing of discriminatory intent
 IT IS THE NUMBER GETTING IT HIGH

Question 7

intergroup tensions

Answer 7

• Koreans v. Latinos in Los Angeles
  o Korean shop owners in conflict with the Latino communities that they operate in and employ
• Short sided hypothesis of racial conflict
• Contrasted with Solidarity between Latinas and Thai seamstresses
  o Worked together to oppose INS
  o Julie Su- Secretary of Labor now, organizer then

Question 8

Chinua Achebe (Nigeria)
Trinh Minh-ha (Vietnam)
Ngugi wa Thing’o (Kenya)
postcolonial writers

Answer 8

• A conqueror’s language can in and of itself create a mechanism of control
• Problematic to be construct arguments of liberation in English without it failing to be compelling. Why?
  o Creation of frameworks of understanding that prevent the usage of the language around rights to creating a liberatory process
  o English is a language designed to structurally prevent liberation vocab
• Avoid the assumption that the audience is the sympathetic white people

Question 9

Rodolfo Acuna, Crocodile Tears; Richard Delgado, Law of the Noose

Answer 9

• Not a fan of the ACLU [Free Speech Absolutism]
  o Took little interest in people experiencing discrimination because of speaking a different language
• Latino strong attachment with Spanish language because
  o Cultural expressionism
  o Ability to speak with more folks than in English
  o Transmission of oral histories; social bandit stories
  o Discussion of community tragedies without oversight
• Arizona school policy- “Second Lynching”
  o Depravation of Latino students from accessing adequate education
  o The discussion of when the thought “why all the white people in the big house” crosses the mind of Latino children
  o Self-fulfilling cycle of systemic oppression

Question 10

Richard Delgado, Rodrigo’s Corrido

Answer 10

a) slave narratives/ corridos, actos, cantares
* Intended to change the dominant narrative by revealing the double motives and narrative functions of the law
slave narratives/ corridos, actos, cantares

Question 11

Juan Perea, Los Olvidados

Answer 11

no category in bookstores
“death by English”
11) symbolic deportation–Perea
* Discussion of Latino erasure through the lack of Latino information and history available in Libraries and incorrect Latin American book sections
* The institutional implication that the lack of representation is an invitation to discriminate and to leave

Question 12

Ilan Stavans, The Gravitas of Spanglish

Answer 12

• Extremely prominent younger scholar
• Pro-Spanglish as a typical form of linguistic progression
  o Dynamic linguistic creation
  o Threatening to Racist Americans and by people wary of American Culture Defaulting
  o Both dominant languages were primed for melding
   English reliance on idioms
   Spanish usage of indigenous terms and word taking
• Living Language that cannot be necessary erased
• Not a monolith and is differentiated by:
  o Age, Ethnicity, Location, Class
  o But all folks of various creeds use Spanglish

Question 13

Margaret Montoya, Law and Languages

Answer 13

using Spanish in the classroom, clinic, and court

n this essay I discuss the biases about language that constrain traditional legal discourse while I explore strategies for its reframing by using the languages of Outsiders. Succinctly stated, this essay posits that traditional language norms create images or maintain stereotypes that stultify public discourse as well as impose cultural integration and linguistic assimilation with destructive consequences. The essay proposes that linguistic norms in law schools can be refashioned through pedagogical innovations to minimize their subordinating effects.-UNM Abstract

Question 14

4) Meyer v. Nebraska (1923)

Answer 14

• Con Law Staple
• Nebraska attempted to prevent multiple language education due to potential harm to children
• SCOTUS rejected the argument due to the lack of substation to the harm of language acquisition.
  o Even if this were true then the State was not enforcing this equally by permitting Latin and Greek Education
• Granted Liberty to grant parental protection of children

Question 15

English Only movement (S.I. Hayakawa)

Answer 15

• SF students requested Ethnic Studies Courses & Vietnam War Divestment
  o This guy pulled the wires out a protest truck
• Gave the English Only Movement Planks
  o Common national bond through mono-linguist
  o Legally there is no Official Language but English is the gateway to immigration
  o Reaction to mass immigration
• FAIR (Anti-immigration lobby) overlap with English Only initiatives
  o Primary focus on Latinos and Asians
  o Fear of American Balkanization
  o Save the Children Educational System
   No STEM detriment to language acquisition
• Raises problems with “Patronism”
  o Block dealers delegitimizing Latino voter pools being self-determinative

Question 16

Juan Perea, Essay in American Languages, Cultural Pluralism, and Official English

Answer 16

literacy in English as a requirement of citizenship
critiques English Only and U.S. English movements
bilingual education pros and cons
multilingual ballots pros and cons

Question 17

Ruiz v. Hull (1998)

Answer 17

rejecting mandatory English in governmental functions
* There is no constitutional basis for the creation of English Only laws
* Challenge to Arizona Draconian English Only Law
o Declared Unconstitutional by AR SCOTUS
* Working the case:
o Concerned mandatory English in Government function
o 10 state officials who spoke Spanish with CLs filed suit for unconstitutionality based on US CON Am. 1
o Case brought in State Court
o Critical difference between encouraging English use and suppression of non-English languages
* Language Suppression is unconstitutional
o Statue only applied to official documents
o Narrowing Construction of Language Usage is an unsuccessful line of argument
o If the act was restricted to official acts then it would have said so; the fact it didn’t then it is regulating out of court statements
o Not a symbolic statute because there is a restriction of the flow of information and provided a cause of action for language use

Question 18

Arizona Official English Amendment to State Constitution 2006

Answer 18

allows workers to converse about business in languages other than English
* Argument that the restriction was a “time, place, manner” limitation and was legal
o Court rejected the argument
* This amendment is an attempt to be in conformity with Ruiz v. Hall

Question 19

Richard Rodriguez, Hunger of Memory

Answer 19

public self/private self
* Anti- Progressive Causes
* Pro- Assimilationist but truly a man of contradictions; Containing Multitudes
* English is the public Self
o Academic advancement
* Spanish is the private Self
o Home life
o Prevents the positive benefits of assimilationism
* Discussion of authenticity

Question 20

Bilingual education Act 1968

Answer 20

provided federal funding for school districts that offered it

Question 21

Lau v. Nichols (1974)

Answer 21

reverses lower court decision that refused to offer bilingual education to Chinese students in San Francisco
* Decided under Title 6 and not the Constitutional Rights
* How do districts satisfy the case law
o Extensive English Education with Other Classes in Native Language
o ESL Origin Case
 Situation of having children in classes that they are not understanding and having them be segregated from the rest of the class
* Important Holding: Kids only need an hour and half of daily ESL to satisfy Title 6

Question 22

Serna v. Portales (1974)

Answer 22

orders bilingual education, noting that numbers play a role in when this is necessary

Question 23

California Proposition 227 (1998)

Answer 23

prohibits bilingual education programs and disregards importance of language, using it as a proxy for race

Question 24

Negron v. New York (1970)

Answer 24

i) Example of a defendant who needed language assistance in court.
ii) Did he have a right to translator?
iii) Did he waive his right to a translator? [No because there was a lack of actual knowledge in the courtroom even though D did not protest in Spanish
iv) Since the Trial Court was on notice about the Defendant’s Spanish competency and was under obligation by the judge to inquire; since this did not happen there was no waiver
* Criminal Defendant with no English Compatency
o Public Defender had no Spanish Competency and only spoke through translator with Defendant
o The entire trial in English- no understanding of the situation at hand
o Homicide from drunk fight; was the D acting in self-defense
* Negron
o Oregon Criminal trial where the Defendant was unable to read English and was unable to properly respond in English
o No violation of the right to a translator
o Reinhardt Dissent: The court was looking too narrowly in the statute and reading in a step
 Distinction added between major and minor competency that was unintended to be evaluated by Congress
o Whenever the parties comprehension is inhibited then there is a right to a translator
* Always ask for an interpreter when CL has limited English competency at start of trial
o If there is an ongoing trial then there should be a hearing for the competency evaluation

Question 25

Court Interpreters Act of 1978

Answer 25

too late for Mr. Negron, but expanded the right to an translator in court.

Question 26

Gonzalez v. United States (1994)

Answer 26

i) inhibited comprehension of proceedings or communications
* Make sure to know Federal Court Interpreter Act
o When CL doesn’t know English in a manner fit to sit trial must be provided a court translator in their primary language

Question 27

Batson v. Kentucky (rule)

Answer 27

peremptory challenges based on race violate constitutional rights
The Equal Protection Clause of the Fourteenth Amendment prohibits prosecutors from using peremptory challenges to remove prospective jurors based on their race.

Question 28

Hernandez v. New York (1991)

Answer 28

excusing or dismissing potential jurors because they speak and understand Spanish
* Considered Race-Neutral Standard because bilingualism is a bar to jury participation when accompanied by refusal of adhering to the official record from the translator
* Opinion stated that the role of the trial judge as the ultimate decider of credibility should not be judged
* likely in violation of ruiz n hall and the Nebraska

Question 29

“driving while Spanish-speaking”

Answer 29

i) English speaking requirement to obtain driver license
(1) Most Latinos in field work need a car and not having a driver license opens up a bunch of liability
ii) Alexandar v. Sandoval; Old Alito Case
(a) English requirement would violate the freedom of movement
(b) What technicality allowed Alito: did not find any intent on the side of the State and therefore could not establish a prima facie disparate impact case via statistics alone

Question 30

Ramirez v. Plough (1993)

Answer 30

consumer protection laws and labeling rules
* Unsuccessful tort claim for failure to warn in Spanish on Children’s Aspirin that induced Reyes disease in babies
* This gravely injured the child of a Spanish reading mother
* Lack of Duty to Warn in Foreign Language is a state legislative decision
* Pg. 331 Reasoning for lack of establishing a new standard
o Inadequacy of the Judiciary to perform independent racial research

Question 31

Steven Bender, Overcoming Language Fraud . .

Answer 31

affinity frauds
scams that prey on people or groups that lack understanding of financial transactions
due to language barriers or gullibility

Question 32

Latino resistance to miseducation

Answer 32

Supreme Court should recognize language discrimination is part of race discrimination (Juan Perea, Buscando America)
Poverty, segregation, and lack of bilingual teachers contribute to Latino schoolchildren’s poor performance. (Potential and Promise of Latino Students, Patricia Gandara

Question 33

Tucson Unified School District (TUSD)

Answer 33

controversies over Mexican American Studies Program (MAS)

Question 34

organizations that work on behalf of Latinos

Answer 34

Mexican American Legal Defense and Education Fund (MALDEF)
California Rural Legal Assistance Foundation (CRLA)

Question 35

San Antonio Independent School District v. Rodriguez (SAID) (1973)

Answer 35

i) a “property poor” district in Texas
ii) nexus argument, RD will explain in class
Supreme Court of the United States held that San Antonio Independent School District’s financing system, which was based on local property taxes, was not a violation of the Fourteenth Amendment’s equal protection clause-Wikipedia

Question 36

Serrano v. Priest District Court finding

Answer 36

i) wealth is a suspect classification
ii) education is a fundamental right

Question 37

Serrano v. Priest- Supreme Court reframes the disfavored class

Answer 37

i) education is not a fundamental right
ii) the poor are not a suspect class

Question 38

“culture of poverty” argument demeans the poor (Justice Marshall)

Answer 38

The Culture of Poverty theory asserts that children born into poverty maintain values and mindsets that aid their continuation in that economic status. Oscar Lewis was the anthropologist who coined the theory in the books he released on his studies of Mexican and Puerto Rican families living in poverty.- double check

Question 39

Serrano v. Priest (California) (1971)

Answer 39

California Supreme Court held that wealth is suspect and education is a right
ordered equalization of funding
brought by Public Advocates, Inc
Scotus overruled

Question 40

National Lawyers Guild

Answer 40

addresses substantive subsistence rights

Question 41

Proposition 13 (California) (1978)

Answer 41

limited property tax increases to 1% of market value, thereby reducing funds allocated to public education—devastating to the kids and the state

Question 42

Plyler v. Doe (1982)

Answer 42

colorable state interests for not funding undocumented children’s education
undocumented aliens hurt the economy
Texas should conserve school funds for legal residents
undocumented children likely to leave the state after receiving benefits
denial of education held to violate Equal Protection Clause of 14th amendment

Question 43

Proposition 187, California, (1994)

Answer 43

denied a host of benefits and services to undocumented immigrants

Question 44

PRA (Personal Responsibility and Work Opportunity Reconciliation Act) (1996)

Answer 44

federal welfare reform statute with severe consequences
* Operated more harshly than the federal versions of Work Opportunity that were then struck down for state overreach
* Clinton era change to Welfare law introducing the stringent work requirements
* It also greatly reduced or eliminated federal eligibility for legal immigrants during their first five years of U.S. residence.

Question 45

League of United Latin American Citizens (LULAC) v. Wilson (1997)

Answer 45

federal pre-emption tests in De Canas v. Bica (1976)
pre-emption holds that
states lack power to regulate immigration directly
states cannot regulate even at the margins of immigration law
states cannot set up roadblocks to Congress’s immigration laws and authority

Question 46

Brown v. Board of Education (1954)

Answer 46

reasons for reversal of Plessy v. Ferguson
legal/historical
social scientific

Question 47

racial realism—

Answer 47

also known as “the price of racial remedies” (Derrick Bell)
* Dissatisfied with the lack of prescriptive elements and the usage of the courts as a PR legitimizer in foreign policy in Brown
* Witness the creation of school-prison pipeline
o No Black STEM or Administration for Integrated Schools
* The problems of a reform is exclusively placed on Blacks and when there is a disposition placed on White people it is suffered by the poor Whites.

Question 48

Mendez v. Westminster School District of Orange County (1947)

Answer 48

pretexts for segregation
hygiene
linguistic deficiency

	Segregating public school children of Mexican ancestry from other public school children on the basis of language violates the Equal Protection Clause of the Fourteenth Amendment-Quimbee

Question 49

Keyes v. School District Number 1, Denver, Colorado (1973)

Answer 49

Black and Latino schoolchildren stand on a similar footing re desegregation mandate
displayed segregative intent