In Corpus Christi a work day in JP &court ~often oversimplified complex role of law in stripping away rights of persons of Mexican ancestry). n114

This is the html version of the file http://biblioteca.rrp.upr.edu/LatCritCD/Publications/PublishedSymposium/LCIIIUMiami(1999)/32LCIIIJOhnson&Martinez.pdf.
Google automatically generates html versions of documents as we crawl the web.

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53 U. Miami L. Rev. 1143

Copyright (c) 1999 University of Miami Law Review

University of Miami

July, 1999

53 U. Miami L. Rev. 1143

LENGTH: 14751 words

MAPPING INTELLECTUAL/POLITICAL FOUNDATIONS AND FUTURE SELF CRITICAL

DIRECTIONS: Crossover Dreams: The Roots of LatCrit Theory in Chicana/o Studies Activism and

Scholarship

Kevin R. Johnson *, George A. Martinez **

BIO:

* Associate Dean for Academic Affairs and Professor of Law, University of California at

Davis; A.B., University of California at Berkeley; J.D., Harvard University. Section II of this

paper was presented in draft form on the plenary panel on Scholarship at the 1998 Sixth Annual

Western Law Teachers of Color Conference sponsored by the University of Oregon.

** Associate Professor of Law, Southern Methodist University; B.A. 1976, Arizona State

University; M.A. (Philosophy) 1979, University of Michigan; J.D. 1985, Harvard University.

Section I of this paper was presented on the plenary panel on Activism at the 1998 Sixth

Annual Western Law Teachers of Color Conference sponsored by the University of Oregon.

Thanks to Keith Aoki, Steve Bender, and Ibrahim Gassama for graciously inviting us to

participate in the Western Teachers of Color conference. Thanks also to Frank Valdes and

Sumi Cho for their encouragement. We are thankful to Professor Dennis Valdes for allowing us

to include his bibliography of Chicana/o history as an Appendix and offering comments on the

article. Muchisimas gracias to Mary Romero and Guadalupe Luna, both who went above and

beyond the call of duty to carefully read and review a rough draft of this article and offer many

helpful comments and correct many errors.

SUMMARY: ... As a scholar-activist, Samora helped found the Southwest Council of La Raza, an

advocacy group supporting full civil rights for Mexican-Americans. ... D. The Latina/o As Scholar Activist

Continues with LatCritTheory. ...

[*1143]

Introduction

As the century comes to a close, critical Latina/o theory has branched off from Critical Race Theory. n1

This article considers how this burgeoning body of scholarship finds its roots in a long tradition of Chi

cana/o activism and scholarship, particularly the work of Chicana/o Studies professors. In the critical study

of issues of particular signifi cance to the greater Latina/o community, we owe an intellectual debt to the

generations of scholarship focusing on Chicana/os in the United States.

This praise might strike some knowledgeable observers as odd. Chicana/o Studies developed with an

exclusive focus on the subordina tion of persons of Mexican ancestry in the United States and still adheres

to the view that investigation of the histories of other Latin American [*1144] national origin groups is

beyond its scope. In contrast, LatCrit theory from its inception has attempted to focus on the commonalities

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of per sons tracing their ancestry to Latin America. Despite Chicana/o Studies offers important lessons for

LatCrit theorists scrutinizing the legal treat ment of all Latina/os.

Part I of this article considers the link between Chicana/o Studies activism and Latina/o legal scholarship.

Part II analyzes how LatCrit theory finds its intellectual roots in Chicana/o Studies scholarship. In this

analysis, we hope to establish the relationship between Chicana/o Studies activism and scholarship, which

blossomed as a result of the 1960s Chicano ovement, and LatCrit theory. We also show how the Chicana/o

Studies model helps us think about some vexing challenges posed to LatCrit theorists. Finally, we highlight

a rich body of Chicana/o Studies scholarship on which future critical Latina/o scholarship may build in

critically analyzing how law affects the Latina/o community.

I. Generations: Latina/o Scholars, Scholarship andActivism

This section considers the generations of activism by Chicana/o scholars. In so doing, we go beyond law

teachers because of the need to view Chicana/o scholar activists as part of long tradition not limited to legal

academics.

A. World War II and Beyond

World War II remains widely recognized as a watershed moment in the history of Mexican-Americans.

n2 With changes - good and bad - wrought by war, Mexican-Americans came of age and achieved a new

political understanding. n3

After the war, a group of Mexican-Americans, some of whom had taken advantage of the G.I. Bill, formed

a small cadre of scholar/activ ists. George Sanchez n4 (University of Texas), Ernesto Galarza, n5 Julian

[*1145] Samora (University of Notre Dame), n6 and Quino Martinez (Arizona State University).

In 1951, George Sanchez founded the American Council of Span ish-Speaking People, which filed civil

rights lawsuits designed to halt discrimination against Mexican-Americans. n7 Sanchez served as of

arguably, the most prominent self-help group of his generation, the League of United Latin American

Citizens (LULAC). n8 LULAC was "middle class, accepted only U.S. citizens for membership, and

tended towards assimilation." n9 Through a variety of means, Sanchez sought to induce the U.S.

government to ensure the full civil rights of Mexican- Americans. n10 For example, he took the position

that discrimination against Mexican-Americans would hurt U.S. foreign relations with Latin America. n11

On the controversial topic of immigration, he argued that Mexican immigrants hurt Mexican-Americans by

taking away their jobs and undermining their prospects for assimilating into mainstream soci ety. n12

Today, many would criticize his positions, but at the time, these views reflected conventional Mexican-

American attitudes about assimi lation and immigration.

Like George Sanchez, Ernesto Galarza also dealt with the issue of immigration, but in the specific context

of its impact on farmworkers. n13 He argued that dominant society created negative stereotypes about

undocumented workers that reinforced racism against Mexican-Ameri cans. n14 As part of his activism,

Galarza established the National Farm Workers Union in the mid-1940s, which served as a precursor to the

[*1146] United Farm Workers Union of Cesar Chavez, and which opposed the immigration of Mexican

workers that undercut the wage scale. n15 In addi tion, Galarza helped establish the Mexican-American

Legal Defense and Education Fund (MALDEF), which ultimately became perhaps the most potent weapon

for protecting the legal rights of Mexican-Americans (and, ironically enough, in light of Galarza's views on

Mexican immi grants, for Mexican immigrants). n16

Julian Samora pioneered the field of Mexican-American studies by constructing a sociological perspective

on Mexican-Americans. n17 Through his scholarship, he sought to influence policy toward Mexican-

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Americans and improve their condition. As a scholar-activist, Samora helped found the Southwest Council

of La Raza, an advocacy group supporting full civil rights for Mexican-Americans. n18

A specialist in historical linguistics, Quino Martinez actively sup ported a number of major Mexican-

American community projects in Arizona. For example, he supported the Guadalupe Organization, an

important activist group that advanced the interests of the Mexican- American community of Guadalupe,

Arizona. n19 In addition, Martinez served as a mentor to the Chicana/o student activists at Arizona State

University in the 1960s and 1970s.

Scholars of this generation generally believed that Mexican-Ameri cans should assimilate into the

mainstream. Viewing undocumented labor as thwarting full integration of Mexican-Americans, they advo

cated restrictive immigration laws. n20 Though these views are antitheti cal to today's Chicana/o Studies

and LatCrit scholar activists, these pioneers understood that dominant society demanded assimilation as a

prerequisite to Mexican-American membership. They also saw, more generally, the relationship between

Mexican immigration and the domestic civil rights of the Mexican-American community.

This generation of scholar activists eventually learned that restric [*1147] tive immigration laws and

policies failed to help, and indeed adversely affected, the Mexican-American community. n21 For

example, the U.S. government in 1954 embarked on "Operation Wetback" and deported many long-time

U.S. residents, breaking up Mexican-American families, and resulting in U.S. citizens of Mexican ancestry

leaving the country. n22 "The Mexican American community was affected because the campaign was

aimed at only one racial group, which meant that the burden of proving one's citizenship fell totally upon

people of Mexican descent. Those unable to present such proof were arrested and returned to Mex ico."

n23 This experience caused Mexican-American scholar activists to reconsider their positions on

immigration and assimilation. n24

B. The Chicano Movement of the1960s

Providing powerful leadership, the post-World War II generation of scholar activists made important

contributions to the advancement of Mexican-American civil rights. They set the stage for Chicano activists

of the 1960s and 1970s. Building on previous generations of Mexican- American activism and inspired by

the civil rights and anti-war move ments, the farm worker movement in the west, and the efforts by Mexi

can-Americans to recover land in New Mexico, activism grew in the 1960s among politicized Mexican-

American communities throughout the United States. n25 Chicana/o youths voiced concerns with racial

dis crimination, poor education, and the lack of equal opportunity. The Chi cana/o student movement saw

Mexican-Americans dramatically walk out of schools throughout the southwest. Activists constructed a

new "Chicano" self-identity, which represented an effort to redefine them selves by their own standards. As

LatCrit theorists would later put it, they sought to "name [their] own reality." n26 Political leader Corky

Gon zales's epic poem "I Am Joaquin" became the anthem for the Chicana/o [*1148] movement and the

effort to create a new identity.

n27 The expression "Chicano," the core to the new self-identity,

symbolized pride in Mexi can ancestry and traditions. "Long used as a slang or pejorative in- group

reference to lower-class persons of Mexican descent, in the 1960s the term Chicano was adopted by young

Mexican-Americans as an act of defiance and self-assertion and as an attempt to redefine themselves by

criteria of their own choosing." n28

Chicana/o Studies also promoted the idea of "Chicanismo," which was then used by activists in establishing

Mexican-American solidar ity. n29 The Chicano movement gave dignity to a positive self-identity, and

helped redefine Mexican-American heritage as something to be proud, not ashamed of, as past generations

had been. n30

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With the goal of Chicana/o pride, activists drew up a "Spiritual Plan of Aztlan": a separatist vision of a

Chicana/o homeland. n31 In set ting out this plan, they rejected assimilation into the mainstream on the

ground that it reinforced subordination. n32

Activism was closely linked to Chicana/o Studies scholarship. Indeed, "the most visible vestige of the

[Chicano movement] is to be found in academia in the many university Chicano studies programs and

departments that exist throughout the Southwest."

n33 Through Chicana/o Studies courses, many

Mexican-Americans became aware of the signifi cance of the Treaty of Guadalupe Hidalgo to the

subordinate status of Mexican-Americans. n34 Fernando Gomez explored how the Treaty of Guadalupe

Hidalgo could be used to advance the civil rights of present- day Mexican-Americans. n35 Showing the

link between scholarship and [*1149] activism, Reies Lopez Tijerina relied heavily on the Treaty in his

fight to reclaim land for persons of Mexican ancestry in New Mexico. n36

The important work of other Chicana/o Studies scholars had activist ends. A renowned activist, Rodolfo

Acua developed new theo retical approaches for understanding the situation of Chicana/os and spe

cifically argued that Chicana/os had been colonized by the United States in a way that parallels the

colonization of third world countries. n37 In analyzing the intersection of race and class in Chicana/o

subordination in the Southwest, Mario Barrera allowed Chicana/os to better understand the complexity of

immigration law and the Mexican-American commu nity. n38 He also offered a new political theory of

Chicana/os in the United States. n39

Chicanas also have been instrumental in creating a body of Chicana Studies scholarship. For example,

Roxanne Dunbar Ortiz studied the history of Chicana/o resistance to loss of land in New Mexico. n40 In

revi siting Chicana/o history, Vicki Ruiz documented the important activist role that Chicanas played and

how they defied the stereotype that women of Mexican ancestry are passive. n41 Mary Romero studied

the lives of Mexican-American women in the domestic service industry in the Southwest. n42 Most

recently, Carla Trujillo has edited a book of scholarship on Chicana theory. n43

Besides political activism, the Chicana/o movement resulted in efforts to bring change through traditional

means. The creation of the Mexican-American Legal Defense and Educational Fund (MALDEF) and the

Southwest Voter Registration and Educational Project (SWVREP), are important examples.

n44

SWVREP helped register new Mexican-American voters and facilitate political action. MALDEF has

vindicated the rights of persons of Mexican ancestry in the legal process [*1150] in cases such as White v.

Regester, n45 a voting rights action, and Plyler v. Doe, n46 which protected the right of undocumented

Mexican children to a public education. MALDEF also helped strike down California's Propo sition 187,

which stripped public benefits from undocumented immigrants. n47

In sum, Chicano movement leaders combined activism with schol arship in fighting for land rights,

educational reform, language rights, and equality. As Chicana/o Studies began to define itself, it produced

new scholar activists. Chicana/o Studies began to serve as the place where people could learn their history

and become "active" within the community.

C. Latina/o Legal Scholars, Scholarship andActivism

Against this background of the Chicano movement, we encounter the Chicana/o law professors of the

1970s and early 1980s. As with the formation of Chicana/o Studies, student activists demanded for law

schools to hire Latina/o law professors. n48 Among these first Chicana/o law professors are scholar

activists, including but not limited to Leo Romero, n49 Cruz Reynoso, n50 and Richard Delgado. n51

For example, an early article by Delgado and Vicky Palacios argued that Mexican-Amer icans should be

recognized as a "class" for purposes of bringing civil rights actions. n52 (Such "class" actions are most

effective in bringing about structural reform.) An article by Romero, Delgado and Reynoso identified

problems that Chicana/o students face in studying law, espe cially the cultural conflict faced by them in law

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school. n53 As scholar activists, they made concrete suggestions to make legal education more [*1151]

hospitable for Chicana/s, including recommendations that law professors should analyze the racial interests

at stake in legal rules to make law relevant to Chicana/s.

Another person who fits within this long history of Mexican-Amer ican scholar activists is Michael Olivas

(roughly of this generation), con sidered to be the "Dean" of Latina/o law professors, who began teaching

law in 1982. He pushed law schools to hire Latina/s and helped them gain tenure and promotion. When

Olivas began teaching there were only 22 Latina/o law professors, n54 and, due in no small part to his

efforts, there were 125 in the spring of 1998. n55 The first Latinas, includ ing Rachel Moran and Berta

Hernandez, two prominent LatCrit scholars, joined the academy in the 1980s. To pressure law schools to

increase the number of Latina/o law professors, Olivas, with the backing of the Hispanic National Bar

Association, established the so-called "Dirty Dozen" list, i.e., a select list of law schools in areas with a

significant Latina/o population but with no Latina/o faculty. The well-publicized list placed pressure on law

faculties to hire Latinos/as; some schools did. n56 Olivas also conducted workshops for lawyers interested

in law teaching at the annual Hispanic National Bar Association convention. Besides his activism in

academia, Olivas helped establish a law student clinic to help Central American immigrant children

detained by the Immigration and Naturalization Service in South Texas. n57

[*1152]

D. The Latina/o As Scholar Activist Continues with LatCritTheory.

Activism generated Chicana/o studies. Activism created LatCrit Theory. Due to the hard work of activists,

a critical mass of Latina/o legal scholars has been established. Critical Latina/o theory is the result. LatCrit

has emphasized the need for connection between theory and practice. n58 This focus fits comfortably

within a well-established tradi tion of Chicana/o scholar activists. For example, contending that "all legal

scholarship is necessarily and fundamentally political," Frank Valdes has argued that LatCrit theorists must

view themselves as activists. n59

More importantly, LatCrit theory has generated powerful perspec tives and analysis important for activists.

For example, LatCrit theorists recognize that perhaps the key area for activists to focus on is cultural

preservation and retention of language rights. n60 There is a long history in this country of attempted

forced assimilation, such as the infamous "Americanization" programs in the 1920s designed to teach

Mexican- Americans the values of Anglo Saxon society. n61 Interestingly, these efforts do not stop at our

border. Thus, the North American Free Trade Agreement ("NAFTA") may be viewed as a way to

"Americanize Mex ico." n62 The philosophical ideal of authenticity requires Latina/os to be true to that

history. n63 For this reason, Chicanas/os suffer severely in attempting to assimilate. n64 Traumatic

attempts to lose Spanish language skills and accents, for example, have injured Mexican-Americans. n65

[*1153] Activists must resist the English-only movement that represents an effort to use the law to force

abandonment of the Spanish language. Similarly, activists must resist those who contend that the

immigration should be restricted because Latina/os fail to assimilate. n66

Similarly, society often treats Latina/os as foreigners, n67 which con tributes to the perception that they

are racially and culturally different. Activists must combat this perception. Beyond this, LatCrit theorists

have called us to recognize the importance of coalitions with other subordinated groups. n68 For example,

Rachel Moran and Bill Piatt have urged African Americans and Latina/os to work together in order to pre

serve remedial programs like affirmative action. n69

Careful study of school desegregation efforts by LatCrit scholars also have benefited activists. n70

Activists should promote a multicultural approach in areas like education and immigration. If, as Nathan

Glazer has proclaimed, "we are all multiculturalists now," n71 it is time to work to realize that ideal.

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LatCrit theorists also have noted that legal self-definition is impor tant. For example, the Mexican-

American's legal definition as "white," while superficially appealing, may actually serve to allow for

continued oppression of Mexican-Americans and create barriers to coalitions with other non-Whites. n72

As Chicanismo recognized, activists understand the importance of group self-definition and challenge how

white definitions of Chicanismo may reinforce subordination.

In pursuing social change, we must not forget that, as LatCrit theo rists have emphasized, there are limits to

the utility of litigation. Courts often exercise their discretion against Mexican-Americans. n73 Legal suc

cess often does not translate into meaningful change. This suggests that [*1154] activists need to

supplement litigation efforts with political move ments. n74 A well-known success story in Chicana/o

Studies circles illus trates this point. In successfully resisting an effort to segregate the public schools in

Lemon Grove, California in the 1930s, Mexican- Americans combined political action with litigation. n75

More recently, the "Mothers of East Los Angeles," a group composed of Mexican American women,

successfully organized to fight the placement of toxic waste sites through grassroots activism combined

with litigation. n76 Chi cana/o Studies and LatCrit activism is inextricably linked to scholarship. The next

section analyzes this relationship.

II. Chicana/o Studies and the Emergence of Critical Latina/o LegalScholarship

Critical Latina/o theory, the subject of five symposia in the last couple of years, n77 represents the first

sustained critical consideration of legal issues of particular significance to the Latina/o community. The

development of LatCrit scholarship is attributable in no small part to the new generation of Latina/o legal

scholars. This new generation has focused on issues of particular concern to the Latina/o community, and

has contributed a growing body of scholarship on Latina/o legal issues. The group added to the relatively

small body of scholarship that previ ously existed on issues such as the impact of the immigration laws on

the Latina/o community, national origin discrimination against persons of Latin American ancestry, and

language discrimination. This new scholarship has been long in coming. For example, not until the 1970s

did Latina/o scholars analyze the fundamental question whether Mexi can-Americans might be able to

bring class action, an important tool in civil rights litigation. n78

Much of this new Latina/o scholarship is "critical." How could you be Latina/o in the United States and

look at the status quo on certain legal issues important to the Latina/o community and not be critical?

[*1155] Even some deeply conservative Mexican-Americans, for the most part disowned by Chicana/o

activists, are critical of how this society treats Mexican-Americans. Linda Chavez has expressed concern

with the anti- Mexican undercurrent to the immigration debate in the 1990s. n79 Richard Rodriguez and

Ruben Navarette are critical of how Mexican-Americans have been treated in the United States. n80

Latina/o legal scholarship has responded to the perceived need to study specific issues of particular

relevance to Latina/os that have not been squarely addressed in the civil rights scholarship, including

Critical Race Theory. To address these issues, LatCrit theorists must grapple with some difficult questions.

In doing so, we should look to the teach ings of our Chicana/o Studies predecessors.

A. The Need for a Distinctive Chicana/o LegalScholarship

LatCrit scholars have begun to address internal issues, namely the deep diversity within the pan-Latino

community. n81 Far from homogene ous, Latina/os are a "community of different communities." n82

There are differences among many Latina/os in terms of national origin, ancestry, language, skills,

immigration status, class, skin color and physical appearance, "race" (as that term is traditionally used), and

other charac teristics. At the same time, there are many commonalities to the Latina/o experience in this

country, including discrimination, perpetual treat ment as foreigners, and devaluation of culture and

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language. Latina/os thus face the difficult task of focusing on commonality while recogniz ing difference.

n83

Though important to emphasize commonality to build community, each national origin sub-group of the

Latina/o community must be afforded the space to critically study its specific history in the United States.

For example, Mexican-Americans in the Southwest have a dis tinctly different experience in this country

than other Latina/o groups, such as Cubans and Puerto Ricans. n84 This history has been explored in

[*1156] the Chicana/o Studies scholarship, which has focused on the Chicana/o experience in the United

States as opposed to the experiences of other sub-groups of the greater Latina/o community. Nor are the

experiences of all persons of Mexican ancestry in the United States identical. Mexi can-Americans and

Mexican immigrants live different lives. Tension, as suggested by some early Chicana/o scholars' views on

immigration, n85 exists between these groups. n86

The different experiences necessarily affect scholarly inquiry. Mexican-Americans must be permitted to

explore their own histories and analyze how the law has operated to reinforce their subordination. Some

LatCrit theorists have embarked on the study of the Mexican- American experience. n87 Mexican-

Americans indeed may have a distinc tive "voice" in analyzing issues concerning the Mexican-American

experience in the United States. n88

Some of the differences of perspective were brought out at a con ference in 1998 marking the 150th

anniversary of the Treaty of Guadalupe Hidalgo, which ended the United States-Mexican War in 1848.

n89 Divisions of opinion between leading Chicana/o Scholars in the United States and scholars from

Mexico, including the prominent Mexi can intellectual Jorge Castaeda, became evident. Chicana/o

scholars, including Rudy Acua, pointedly accused the Mexican intellectuals of not being even

remotely concerned with the status of Chicano/os in the United States. The Chicana/o Studies experience

suggests that LatCrit Theory should encourage - or, at a minimum, should not discourage - distinctive

scholarly inquiry into the histories and realities of subordina tion of Chicana/os. This study should not be

considered as a threat to Latina/o unity but should be viewed as essential to a full understanding of racial

subordination in the United States. One interesting aspect of [*1157] this development is that Chicana/o

Studies has been consciously nation alistic in outlook. It has focused exclusively on the Chicana/o experi

ence, not that of other Latina/o groups. Premised on inclusiveness, LatCrit theory, however, generally has

considered issues common to the greater Latina/o community. The focus of Chicana/o Studies has pro

duced fruitful scholarship, but may be limited in its ability to assist in the building of political coalitions

among all Latina/os. LatCrit theory strives to build pan-Latina/o community. Ultimately, Chicana/o Studies

and LatCrit theory may move in opposite directions - with Chicana/o Studies becoming more inclusive

n90 and LatCrit theory allowing for focused inquiry when appropriate.

B. LatCrit Theory and Other Civil RightsScholarship

One controversial question is how does Latina/o legal scholarship fit into other civil rights scholarship.

Some have viewed LatCrit theory as a challenge to the traditional black-white binary view of civil rights in

the United States. n91 This does not mean that various minority groups must engage in a race for the

bottom to show that they suffered the most discrimination or that coalition-building is not possible. As

Professor Angela Harris has outlined the argument, the African American experi ence in the United States,

marked by the brutality of forced migration and chattel slavery, may well be exceptional to that of other

groups. n92 Assuming this to be true, there remains room to analyze the Latina/o experience with

discrimination in the United States. Indeed, the oppres sion of all racial groups - - Asian Americans, Native

Americans, and Latina/os, as well as African Americans - - deserve study. The various groups have been

oppressed in different, though often similar ways. These historical experiences all deserve serious scholarly

attention. n93

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[*1158] This approach to the study of racial subordination is not a novel idea on university campuses

(though they have been subject to attack at various times). n94 It was an implicit if not explicit

understanding in the 1960s and 1970s as African American Studies, Asian American Studies, Chicana/o

Studies, Native American Studies, and Ethnic Studies schol arship blossomed and flourished. Each of these

fields studied issues of special concern to particular minority communities. Each has made, and continues

to make, valuable contributions to the understanding of racial subordination in the United States. We have

outlined some of the important contributions of Chicana/o Studies scholars. Scholars like Michael Omi and

Ron Takaki have offered important insights from an Asian American perspective. n95 Kwami Anthony

Appiah, Henry Louis Gates, and Cornel West have explored the place of African Americans in the modern

United States.

n96 Native American Studies scholars also have added to the race discourse. n97

Moreover, scholars in these disciplines generally have engaged in respectful dialogue about the intricacies

of racial subordination. Realizing the need for separate investigation of the experiences of different racial

groups, these scholars recognized com monality while respecting difference.

A multifaceted approach is warranted by the need to look at the whole of racial discrimination and

subordination. n98 The various forms of racial subordination in the United States are related. As

philosophers put it, the "web of belief" requires a study of all these groups. n99 Conse quently, LatCrit

theory should not be seen as a challenge to Critical Race Theory ("CRT") but viewed as building on its

achievements while [*1159] moving in an independent direction to shed additional light on the racial

subordination of Latina/os.

The study of language rights, immigration, and citizenship issues - all central to the Latina/o experience in

the United States - had not been focused upon by CRT. Consequently, the unexplored questions deserved

the scrutiny offered by LatCrit theorists. Indeed, Latina/o sub ordination, and racial oppression generally,

cannot be fully understood without consideration of these important issues.

Such an analysis becomes apparent when one considers how inter ethnic conflict allows for minority

groups to be pitted against one another, which can be seen in the African American, Korean American, and

Latina/o conflict in South Central Los Angeles. n100 Similar episodes occurred last century when African

Americans interests were pitted against those of Chinese immigrants. n101 Similarly, race relations in

Texas cannot be fully understood unless we consider the history of sub ordination of African Americans,

Mexican-Americans, and poor whites in the state. n102 Today, we see various minority groups at odds on

the issue of affirmative action. n103 Only through analyzing the historical experiences of each minority

can we fully understand the whole of racial subordination.

C. The Need to Look to Chicana/o StudiesScholarship

In analyzing issues of particular importance to the Latina/o commu nity, we should learn from the rich

body of Chicana/o Studies scholar ship. It is presumptuous of legal scholars to believe that we are the first

to consider the issues of particular importance to Latina/os. The well- developed body of Chicana/o

scholarship is the first generation of schol arship in the area. Critical Race Theorists emphasize the need for

inter [*1160] disciplinary discourse. n104 Accordingly, it behooves us to consider the foundational

scholarship analyzing issues of importance to the Chicana/o community. While the first generation of

scholars included people like Julian Samora, Ernesto Galarza, and George Sanchez, n105 the next

generation included scholar activists like Rodolfo Acua, n106 author of the classic Occupied

America, and Mario Barrera. n107 The latest genera tion includes too many prominent Chicana/o scholars

to name. None of this is meant to suggest that we should limit our scrutiny to Chicana/o studies

scholarship. A body of Chicana/o history, sociology, and other social science warrants our consideration.

To offer a concrete example of the wealth of literature for explora tion by Chicana/o legal scholars, we

include as an appendix to this arti cle a bibliography of Chicana/o history compiled by Dennis Valdez, a

Chicano Studies Professor at the University of Minnesota. n108 This bibli ography offers a sample of the

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rich body of literature available to those interested in serious study of Chicana/os in the United States. Put

sim ply, Latina/o legal scholars should learn from and build upon this rich body of scholarship. In

analyzing these difficult issues of race and class in the United States, we should build on the generations of

thought, rather than ignore them. Moreover, with legal training, law professors have what economists might

call a "comparative advantage" in analyz ing legal history. Legal skills prove invaluable in analyzing the

history and development of law and how it has been used to subordinate Latina/os. Historian Richard

Griswold Del Castillo wrote a fine book analyzing the court decisions dealing with the enforcement (or

lack thereof) of the Treaty of Guadalupe Hidalgo. n109 Law professors have much to add to his study.

The dispossession of Chicanos from the land was done through a variety of legal (and illegal) mechanisms.

Though some of this work has been done, n110 much remains. Similarly, important work has been done

in recent years analyzing desegregation efforts in the pub lic schools involving Mexican-Americans. n111

The intricacies of school [*1161] desegregation litigation gain much from a lawyer's eye.

Immigration is another area in which legal skills allow for critical analysis. The U.S. immigration laws are

incredibly complex, with many discriminatory impacts obscured by technical detail. In addition,

enforcement of the laws often is discriminatory, even if the letter of the law is not. This suggests that work

with others trained in other academic fields might help, as they have, in analyzing how the law on the

books differs from the law in practice. n112

While Latina/o law professors may apply legal training to the anal ysis of Chicana/o history, we must take

care not to overlook broader political and social meanings of the events that Chicana/o Studies activ ists

have identified. For example, while adding to the insights of Chi cana/o historians about the Treaty of

Guadalupe Hidalgo ("the Treaty"), n113 law professors should not be oblivious to the larger politi cally

important aspects of the Treaty. n114 The hope symbolized by the Treaty mobilized a generation of

Chicana/os to move for social change. It allowed activists like Reies Lopez Tijerina to rally New Mexicans

to organize a potent political force. The Treaty has been a centerpiece of Chicana/o Studies on university

campuses across the nation, one of the semi-permanent sites of focus on issues of importance to

Chicana/os. It would be short-sighted for formalistic lawyers to focus on technicalities of the law and miss

the broader political-social impacts of the Treaty of Guadalupe Hidalgo. n115

Conclusion

This article has outlined the relationship between the tradition of Chicana/o Studies activism and

scholarship and the LatCrit movement. The roots of LatCrit theory can be found in Chicana/o Studies

activism and scholarship. This article hopefully will encourage Latina/o legal scholars to consider this rich

body of literature. The existence of Chi cana/o scholarship provides valuable lessons for LatCrit theorists.

Space exists for analysis of the experiences of various national origin groups [*1162] that comprise the

umbrella Latina/o community. In addition, the ability of Chicana/o Studies to co-exist with other allied

disciplines analyzing issues of race, including African American Studies, Asian American Studies, Ethnic

Studies and Native American Studies, suggests that it is not inconsistent for different groups with similar

goals to explore the specific intricacies of their histories. Only through the study of the his tory of each

minority group will we be able to understand the whole of racial subordination in the United States.

A similar analysis applies to LatCrit theory. Critical Race Theory and LatCrit theory can work together to

study the intricacies of racial oppression. Moreover, in analyzing the place of Latina/os in the United

States, we must understand that not all Latina/os are created equal. Dif ferent Latina/o national origin

groups have had different experiences. To fully understand the whole, we must look at the various parts.

Con sequently, the Mexican, Cuban, Puerto Rican, and other experiences must be dissected and analyzed

individually. Only then will we have a fuller understanding of Latina/o subordination in this country.

[*1163]

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53 U. Miami L. Rev. 1143

Appendix

A Bibliography of Chicana/o History Compiled by Professor Dennis Valdes, Chicano Studies University

ofMinnesota

Acua, Rodolfo, A Community Under Seige: A Chronicle of Chicanos East of the Los Angeles

River, 1945-1975 (Los Angeles: CSRC, 1984).

Acua, Rodolfo, Anything But Mexican: Chicanos in Contemp orary Los Angeles (London and New

York: Verso, 1996).

Acua, Rodolfo, Occupied America: A History of Chicanos (New York: Harper and Row, 3d. ed.

1988).

Allsup, Carl, The American G.I. Forum: Origins and Evolution (Austin: UT Center for Mexican American

Studies, 1982).

Almaguer, Tomas, Racial Fault Lines: The Historical Origins of White Supremacy in California (Berkeley,

Los Angeles and London: University of California Press, 1994).

Almaraz, Felix D., Jr., The San Antonio Missions and Their Sy stem of Land Tenure (Austin: University of

Texas Press, 1989).

Alonzo, Armando, Tejano Legacy: Rancheros and Settlers in South Texas, 1734-1900 (Albuquerque, NM:

University of New Mexico Press, 1998).

Anders, Evan, Boss Rule in South Texas: The Progressive Era (Austin: University of Texas Press, 1982).

Arroyo, Luis, & Antonio Rios-Bustamante, Cinco de Mayo: Sy mbol of National Self Determination

(Encino: Floricanto Press, 1991).

Ball, Larry D., Elfego Baca (El Paso, TX: Texas Western Press, 1992).

Bannon, John Francis, The Spanish Borderlands Frontier, 1513- 1821 (Albuquerque: University of New

Mexico Press, 1974).

Balderrama, Francisco, In Defense of La Raza: The Los Ang eles Mexican Consulate and the Mexican

Community, 1929 to 1936 (Tucson: University of Arizona Press, 1982).

Balderrama, Francisco, & Raymond Rodriguez, Decade of Betrayal: Mexican Repatriation in the 1930s

(Albuquerque: University of New Mexico Press, 1995).

Barger, W. K., & Ernesto Reza, The Farm Labor Movement in the Midwest: Social Change and Adaptation

Among Migrant Farmworkers (Austin: University of Texas Press, 1993).

Barrera, Mario, Race and Class in the Southwest: A Theory of [*1164] Racial Inequality (Notre Dame:

University of Notre Dame Press, 1979).

Barrera, Mario, Beyond Aztlan: Ethnic Autonomy in Compar ative Perspective (New York: Praeger, 1988).

Baxter, John O., Las Carneradas: Sheep Trade in New Mexico, 1799-1860 (Albuquerque: University of

New Mexico Press, 1987).

Baxter, John O., Dividing New Mexico's Waters, 1700-1912 (Albuquerque: University of New Mexico

Press, 1997).

Blackwelder, Julia Kirk, Women of the Depression: Caste & Culture in San Antonio, 1929-1939 (College

Station: Texas A&M University Press, 1984).

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53 U. Miami L. Rev. 1143

Blawis, Patricia Bell, Tijerina and the Land Grants (New York: International Publishers, 1971).

Boyle, Susan Calafate, Los Capitalistas: Hispano Merchants and the Santa Fe Trade (Albuquerque:

University of New Mex ico Press, 1997).

Brackenridge, R. Douglas, & Francis O. Garcia-Trejo, Iglesia Presbiteriana: A History of Presbyterians and

Mexican Americans in the Southwest (San Antonio: Trinity University Press, 1974).

Brear, Holly Beachley, Inherit the Alamo: Myth and Ritual at an American Shrine. (Austin: University of

Texas Press, 1995).

Briggs, Charles I. and John R. Van Ness, Land, Water, and Cu lture: New Perspectives on Hispanic Land

Grants (Albuquer que, NM: University of New Mexico Press, 1987).

Broyles-Gonzalez, Yolanda, El Teatro Compesino: Theater in the Chicano Movement (Austin: University

of Texas Press, 1994).

Buss, Frances Leeper, Forged Under the Sun/Fojada Bajo el Sol: The Life of Maria Elena Lucas (Ann

Arbor: University of Michigan Press, 1993).

Cabello-Argandoa, Roberto, Brief History of Cinco de Mayo Floricanto Press Series: Nuestra

Historia Monograph No. 6 (Encino: Floricanto Press, 1993).

Cabello-Argandoa, Roberto, Cinco de Mayo: A Symbol of Mexican Resistance Floricanto Press

Series: Nuestra Historia Monograph No. 3 (Encino: Floricanto Press, 1992).

Calafe Boyle, Los Capitalistas: Hispano Merchants on the Santa Fe Trail (Albuquerque: University of New

Mexico Press, 1997).

Camarillo, Albert, Chicanos in a Changing Society: From Mex ican Pueblos to American Barrios in Santa

Barbara and [*1165] Southern California, 1848-1930 (Harvard: Cambridge Univer sity Press, 1979).

Camarillo, Albert, Chicanos in California: A History of Mex ican Americans in California (San Francisco:

Boyd and Fraser, 1984).

Cardoso, Lawrence A., Mexican Emigration to the United States 1897-1931 (Tucson: University of

Arizona Press, 1980).

Carlson, Alvar W., The Spanish-American Homeland: Four Ce nturies in New Mexico's Rio Arriba

(Baltimore: Johns Hopkins University Press, 1990).

Chavez, John R., The Lost Land: The Chicano Image of the Southwest (Albuquerque: University of New

Mexico Press, 1984).

Chipman, Donald E., Spanish Texas, 1521-1821 (Austin: University of Texas Press, 1992).

Clements, Jane Monday & Betty Bailey Colley, Voices from the Wild Horse Desert: The Vaquero Families

of the King and Kenedy Ranches (Austin: University of Texas Press, 1997).

Colligan, John B., The Juan Paez Hurtado Expedition of 1695: Fraud in Recruiting Colonists for New

Mexico (Albuquer que: University of New Mexico Press, 1995).

Cutter, Charles R., The Legal Culture of Northern New Spain 1700-1810 (Albuquerque: University of New

Mexico Press, 194-

Cutter, Charles R., The Protector de Indios in Colonial New Mexico (Albuquerque: University of New

Mexico Press, 1986).

Daniel, Clete, Chicano Workers and the Politics of Fairness: The FEPC in the Southwest, 1941-1945

(Austin: University of Texas Press, 1991).

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53 U. Miami L. Rev. 1143

Davis, Marilyn P., Mexican Voices/American Dreams: An Oral History of Mexican Immigration to the

United States (New York: Henry Holt, 1990).

DeBuys, William, & Alex Harris, River of Traps: A Village Life (Albuquerque: University of New Mexico

Press, 1990).

De la Teja, Jesus F., San Antonio de Bexar: A Community on New Spain's Northern Frontier

(Albuquerque: University of New Mexico Press, 1995).

De la Torre, Adela & Beatriz M. Pesquera, Building With Our Hands: New Directions in Chicana Studies

(Berkeley: Univer sity of California Press, 1993).

DeLeon, Arnoldo, Benavides: The Town and Its Founder (Bena vides, Texas, 1980).

DeLeon, Arnoldo, Ethnicity in the Sunbelt: a History of Mex [*1166] ican Americans in Houston

(Houston: Mexican American Stud ies Program, University of Houston, 1989).

DeLeon, Arnoldo, Mexican Americans in Texas: A Brief History (Arlington Heights, Illinois: H. Davison,

1993).

DeLeon, Arnoldo, The Tejano Community, 1836-1900 (Albuquer que: University of New Mexico Press,

1982).

DeLeon, Arnoldo, They Called Them Greasers: Anglo Att itudes Toward Mexicans in Texas, 1821-1900

(Austin: Univer sity of Texas Press, 1983).

DeLeon, Arnoldo, & Kenneth L. Stewart, Tejanos and the Nu mbers Game: A Socio-Historic Interpretation

from the Fe deral Censuses, 1850-1900 (Albuquerque: University of New Mexico Press, 1989).

Del Castillo, Adelaida R., Between Borders: Essays on Mex icana/Chicana History (Encino, CA: Floricanto

Press, 1990).

Delgado, Hector L., New Immigrants, Old Unions: Organizing Undocumented Workers in Los Angeles

(Philadelphia: Temple University Press, 1993).

Deutsch, Sarah, No Separate Refuge: Culture, Class and Ge nder on an Anglo-Hispanic Frontier in the

American Sout hwest, 1880-1940 (New York: Oxford University Press, 1987).

Dobyns, Henry F., Spanish Colonial Tucson (Tucson, AZ: Univer sity of Arizona Press, 1976).

Dolan, Jay, & Gilberto M. Hinojosa, eds., Mexican Americans and the Catholic Church, 1900-1965 (Notre

Dame: University of Notre Dame Press, 1995).

Donato, Ruben, The Other Struggle for Equal Schools: Mex ican Americans During the Civil Rights Era

(Ithaca, NY: State University of New York Press, 1997).

DuBois, Ellen Carol, & Vicki L. Ruiz, eds., Unequal Sisters: A Multicultural Reader in U.S. Women's

History (New York and London: Routledge, 1990).

Dunbar Ortiz, Roxanne, Roots of Resistance: Land Tenure in New Mexico, 1680-1980 (Los Angeles:

UCLA Chicano Studies Research Center, 1980).

Ebright, Malcolm, Land Grants and Lawsuits in Northern New Mexico (Albuquerque: University of New

Mexico Press, 1994).

Foley, Douglas E., From Peones to Politicos: Ethnic Relations in a South Texas Town, 1900-1977 (Austin:

UT Center for Mex ican American Studies, 1977).

Foley, Neil, The White Scourge: Mexicans, Blacks and Poor Whites in the Cotton Culture of Central Texas

(Berkeley: University of California Press, 1997).

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53 U. Miami L. Rev. 1143

[*1167] Folsom, Franklin, Indian Uprising on the Rio Grande: The Pueblo Revolt of 1680 (Albuquerque:

University of New Mex ico Press, 1996).

Fontana, Bernard, Entrada: The Legacy of Spain and Mexico in the United States (Albuquerque: University

of New Mexico Press, 1994).

Forrest, Suzanne, The Preservation of the Village: New Me xico's Hispanics and the New Deal

(Albuquerque: University of New Mexico Press, 1989).

Foster, William C., Spanish Expeditions into Texas, 1689-1768 (Austin: University of Texas Press, 1995).

Galarza, Ernesto, Farm Workers and Agri-Business in Califo rnia, 1947-1960 (Notre Dame: University of

Notre Dame Press, 1977).

Galarza, Ernesto, Merchants of Labor: The Mexican Bracero Story (Charlotte: McNally & Loftin, 1964).

Galarza, Ernesto, Spiders in the House and Workers in the Field. (Notre Dame: University of Notre Dame

Press, 1970).

Gallegos, Bernardo P., Literacy, Education, and Society in New Mexico 1693-1821 (Albuquerque:

University of New Mexico Press, 1992).

Gamboa, Erasmo, Mexican Labor and World War II: Braceros in the Pacific Northwest, 1942-1947

(Austin: University of Texas Press, 1990).

Garcia, Ignacio M. Chicanismo: The Forging of a Militant Ethos Among Mexican Americans (Tucson:

University of Arizona Press, 1990).

Garcia, Ignacio M., United We Win: The Rise and Fall of La Raza Unida Party (Tucson: University of

Arizona MASRC, 1989).

Garcia, Juan Ramon, Mexicans in the Midwest 1900-1932 (Tucson: University of Arizona Press, 1996).

Garcia, Juan Ramon, Operation Wetback: The Mass Deportation of Mexican Undocumented Workers in

1954 (Westport, CN: Greenwood Press, 1980).

Garcia, Mario T., Desert Immigrants: The Mexicans of El Paso, 1880-1920 (New Haven: Yale University

Press, 1981).

Garcia, Mario T., Memories of Chicano History: The Life and Narrative of Bert Corona (Berkeley and Los

Angeles: Univer sity of California Press, 1994).

Garcia, Mario T., Mexican Americans: Leadership, Ideology & Identity, 1930-1960 (New Haven: Yale

University Press, 1989).

Garcia, Mario T., ed., Ruben Salazar - Borderland Correspo [*1168] ndent: Selected Writings, 1955-1970

(Berkeley and Los Angeles: University of California Press, 1995).

Garcia, Richard A., Rise of the Mexican-American Middle Class: San Antonio, 1929-1941 (College

Station: Texas A&M University Press, 1991).

Gardner, Richard, Grito! Reies Tijerina and the New Mexico Land Grant War of 1967 (Indianapolis:

Bobbs-Merrill, 1970).

Getz, Lynne Marie, Schools of Their Own: The Education of Hi spanos in New Mexico, 1850-1940

(Albuquerque: University of New Mexico Press, 1997).

Gomez-Quiones, Juan, Chicano Politics: Reality and Promise, 1940-1990 (Albuquerque:

University of New Mexico Press, 1990).

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53 U. Miami L. Rev. 1143

Gomez-Quiones, Juan, Mexican American Labor, 1790-1990 (Albuquerque: University of New

Mexico Press, 1994).

Gomez-Quiones, Juan, Mexican Nationalist Formation: Poli tical Discourse, Policy and Dissidence.

Encino: Floricanto Press, 1992.

Gomez-Quiones, Juan, Mexican Students por la Raza: The Ch icano Student Movement in

Southern California 1967-1977 (Santa Barbara, 1978).

Gomez-Quiones, Juan, Roots of Chicano Politics, 1600-1940 (Albuquerque: University of New

Mexico Press, 1994).

Gonzalez, Gilbert G., Labor and Community: Mexican Citrus Worker Villages in a Southern California

County, 1900- 1950 (Urbana and Chicago: University of Illinois Press, 1994).

Griswold del Castillo, Richard, La Familia: Chicano Families in the Urban Southwest. 1848 to the Present

(Notre Dame: Uni versity of Notre Dame Press, 1984).

Griswold del Castillo, Richard, The Los Angeles Barrio, 1850- 1890: A Social History (Berkeley:

University of California Press, 1979).

Griswold del Castillo, Richard, The Treaty of Guadalupe Hidalgo: A legacy of Conflict (Norman:

University of Oklahoma Press, 1989).

Griswold del Castillo, and Arnoldo DeLeon, North to Aztlan: A History of Mexican Americans in the

United States (New York: Twayne Publisher, 1996).

Griswold del Castillo, Richard, & Richard J. Garcia. The Tr iumph of the Spirit: A Biography of Cesar

Chavez (Norman: University of Oklahoma Press, 1995).

Griswold del Castillo, Richard, & Manuel Hidalgo, eds., Ch icano Social and Political History in the

Nineteenth Ce ntury (Encino: Floricanto Press, 1991).

[*1169] Guerin-Gonzales, Camille, Mexican Workers & American Dreams: Immigration, Repatriation

and California Farm Labor, 1900-1939 (New Brunswick: Rutgers University Press, 1994).

Guerrero, Salvador, Memorias: A West Texas Life. ed. by Arnoldo DeLeon (Lubbock: Texas Tech

University Press, 1991).

Gutierrez, David G., Walls and Mirrors: Mexican Americans, Mexican Immigrants, and the Politics of

Ethnicity in the American Southwest (Berkeley: University of California Press, 1995).

Gutierrez, Ramon, When Jesus Came, The Corn Mothers Went Away: Marriage, Sexuality and Power in

New Mexico, 1500- 1846 (Palo Alto: Stanford University Press, 1990).

Haas, Lisbeth, Conquests and Historical Identities in Califo rnia, 1769-1936 (Berkeley: University of

California Press, 1995).

Hall, Thomas D., Social Change in the Southwest, 1350-1880 (Lawrence: University Press of Kansas,

1989).

Harlow, Neal, California Conquered: War and Peace on the Pacific, 1846-1850 (Berkeley: University of

California Press, 1982).

Heizer, Robert F., & Alan F. Almquist, The Other Californians: Prejudice and Discrimination Under Spain,

Mexico, and the United States to 1920. Berkeley and Los Angeles: University of California Press, 1971.

Hinojosa, Gilberto M, A Borderlands Town in Transition: Laredo, 1755-1870 (College Station: Texas

A&M University Press, 1983).

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53 U. Miami L. Rev. 1143

Hoffman, Abraham, Unwanted Mexican Americans in the Great Depression: Repatriation Pressures, 1929-

1939 (Tucson: Uni versity of Arizona Press, 1974).

Hondagneu-Sotelo, Pierrette, Gendered Transitions: Mexican Experiences of Immigration (Berkeley:

University of California Press, 1995).

Hurtado, Albert L., Indian Survival on the California Frontier (New Haven: Yale University Press, 1988).

Hutchinson, Alan C., Frontier Settlements in Mexican Califo rnia: The Hijar-Padres Colony and its Origins,

1769-1835 (New Haven: Yale University Press, 1969).

Jackson, Jack, Los Mestenos: Spanish Ranching in Texas, 1721- 1821 (College Station: Texas A&M

University Press, 1986).

Jackson, Robert J. & Edward Castillo, Indians, Franciscans, and Spanish Colonization: The Impact of the

Mission System [*1170] on California Indians (Albuquerque: University of New Mexico Press, 1995).

Jenkins, J. Craig, The Politics of Insurgency: the Farm Worker Movement in the 1960s (New York:

Columbia University Press, 1986).

John, Elizabeth A.H., Storms Brewed in Other Men's Worlds: The Confrontation of Indians, Spaniards, and

French in the Southwest, 1540-1795 (College Station, TX: Texas A & M Uni versity Press, 1975).

Jones, Oakah L., Los Paisanos: Spanish Settlers on the Northern Frontier of New Spain (Norman:

University of Oklahoma Press, 1979).

Jordan, Terry G., North American Cattle-Ranching Frontiers (Albuquerque, NM: University of New

Mexico Press, 1993).

Kanellos, Nicolas, History of Hispanic Theater in the United States: Origins to 1940 (Austin: University of

Texas Press, 1990).

Kessell, John L., Friars, Soldiers, and Reformers: Hispanic Ar izona and the Sonora Mission Frontier,

1767-1856 (Tucson: University of Arizona Press, 1976).

Kessell, John L., Kiva, Cross and Crown: The Pecos Indians and New Mexico, 1650-1840 (Washington,

D.C.: National Parks Ser vice, U.S. Dep't of Justice).

Kessell, John L., ed., Remote Beyond Compare: Letters of Don Diego de Vargas to His Family from New

Spain and New Mexico, 1675-1706 (Albuquerque, NM: University of New Mex ico Press, 1989)

Kessell, John L., Rick Hendricks, & Meredith D. Dodge, To the Royal Crown Restored: The Journals of

don Diego de Va rgas, New Mexico, 1692-1694 (Albuquerque: University of New Mexico Press, 1995).

Kiser, George C., & Martha Woody Kiser, Mexican Workers in the United States: Historical and Political

Perspective (Albuquerque: University of New Mexico Press, 1979).

Las Chicanas, Frontiers: A Journal of Women's Studies 11 (1990) (Cordelia (Chavez) Candelaria & Mary

Romero, guest eds.).

Langum, David J., Law and Community on the Mexican Califo rnia Frontier: Anglo-American Expatriates

and the Clash of Legal Traditions, 1821-1846 (Norman: University of Oklahoma Press, 1987).

Lecompte, Janet, Pueblo, Hardscrabble, Greenhorn: Society on the High Plains, 1832-1856 (Norman and

London: University of Oklahoma Press, 1978).

[*1171] Leninger, Julie Pycior, LBJ and Mexican Americans: The Par adox of Power (Austin: University

of Texas Press, 1997).

Levy, Jacques E., Cesar Chavez: Autobiography of La Causa (New York: W. W. Norton, 1975).

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53 U. Miami L. Rev. 1143

Limon, Jose E., Mexican Ballads, Chicano Poems: History and Influence in Mexican-American Social

Poetry (Berkeley: University of California Press, 1992).

Limerick, Patricia Nelson, The Legacy of Conquest (New York: W.W. Norton, 1987).

Lomas, Clara, ed., The Rebel: Leonor Villegas de Magnon (Houston: Arte Publico Press, 1994).

Majka, Linda C. & Theo J., Farm Workers, Agribusiness and the State (Philadelphia: Temple University

Press, 1982).

Martin, Patricia P., Songs My Mother Sang to Me: An Oral Hi story of Mexican American Women

(Tucson: University of Ari zona Press, 1992).

Matovina, Timothy M., Tejano Religion and Ethnicity: San Antonio, 1821-1860 (Austin: University of

Texas Press, 1995).

Matovina, Timothy M., The Alamo Remembered: Tejano Accounts and Perspective. (Austin: University of

Texas Press, 1995

0.

Mazon, Mauricio, The Zoot Suit Riots: The Psychology of Sy mbolic Annihilation (Austin: University of

Texas Press, 1984).

McWilliams, Carey, Factories in the Fields: The Story of Migratory Labor in California (Boston: Little

Brown, 1944).

McWilliams, Carey, Ill Fares the Land: Migrants and Migr atory Labor in the United States (New York:

Ayer Co., 1942).

McWilliams, Carey, North From Mexico: The Spanish-Speaking People in the United States (New York:

Greenwood Press, 1968 [1948])

Meier, Matt, & Feliciano Reivera, The Chicanos: A History of Mexican Americans (New York: Hill and

Wang, 1972. Rev. ed. 1995).

Melendez, A. Gabriel, So All is Not Lost: The Poetics of Print in Nuevomexicano Communities, 1834-

1958 (Albuquerque: Uni versity of New Mexico Press, 1997).

Menchaca, Martha, The Mexican Outsiders: A Community Hi story of Marginalization and Discrimination

in California (Austin: University of Texas Press, 1995).

Menchaca, Martha, "Chicano Indianism: A Historical Account of Racial Repression in the United States,"

American Ethnologist 20(1993): 583.

[*1172] Meyer, Doris, Speaking for Themselves: Neomexicano Cultural Identity and the Spanish-

Language Press, 1880-1920 (Albu querque: University of New Mexico Press, 199 ).

Meyer, Michael C., Water in the Hispanic Southwest: A Social and Legal History (Tucson: University of

Arizona Press, 1984).

Mirande, Alfredo, Gringo Justice (Notre Dame, IN: University of Notre Dame Press, 1987)

Mirande, Alfredo, The Chicano Experience: An Alternative Pe rspective (Notre Dame, IN: University of

Notre Dame Press, 1985)

Mocho, Jill, Murder and Justice in Frontier New Mexico, 1821- 1846 (Albuquerque: University of New

Mexico Press, 1997).

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53 U. Miami L. Rev. 1143

Monroy, Douglas, Thrown Among Strangers: The Making of Mexican Culture in Frontier California

(Berkeley, Los Ange les and Oxford: University of California Press, 1990).

Montejano, David, Anglos and Mexicans in the Making of Texas, 1836-1936 (Austin: University of Texas

Press, 1987).

Moorhead, Max L., New Mexico's Royal Road: Trade and Travel on the Chihuahua Trail (Norman:

University of Oklahoma Press, 1958).

Moorhead, Max L., The Apache Frontier: Jacobo Ugarte and Spanish-Indian Relations in Northern New

Spain, 1769-1791 (Norman: University of Oklahoma Press, 1968).

Moorhead, Max L., The Presidio: Bastion of the Spanish Borde rlands (Norman: University of Oklahoma

Press, 1975).

Mora, Magdalena, & Adelaida R. del Castillo, eds., Mexican Women in the United States: Struggles Past

and Present (Los Angeles: UCLA CSRC, 1980).

Morin, Raul, Among the Valiant: Mexican Americans in World War II and Korea (Los Angeles, Borden

Publishing Company, 1963).

Muoz, Carlos Jr. Youth, Identity, Power: The Chicano Mov ement (London & New York: Verso,

1989).

Nabokov, Peter, Tijerina and the Courthouse Raid (Albuquerque: University of New Mexico Press, 1969).

Navarro, Armando, The Mexican American Youth Organiz ation: Avant Garde of the Chicano Movement

(Austin: Uni versity of Texas Press, 1995).

Naylor, Thomas and Charles W. Polzer, eds., The Presidio and Militia on the Northern Frontier of New

Spain, 1570-1700, Tucson, AZ: University of Arizona Press, 1986).

Nostrand, Richard, The Hispano Homeland (Norman: University of Oklahoma Press, 1992).

[*1173] Officer, James E., Hispanic Arizona, 1536-1856 (Tucson: University of Arizona Press, 1987).

Ortiz, Alfonso, The Tewa World: Space, Time, Being and Beco ming in Pueblo Society (Chicago, IL:

University of Chicago Press, 1969).

Ortiz, Roxanne Dunbar, Roots of Resistance: Land Tenure in New Mexico, 1680-1980 (Los Angeles:

CSRC, 1980).

Padilla, Genaro M., My History, Not Yours: The Formation of Mexican American Autobiography

(Madison: University of Wisconsin Press, 1993).

Paredes, Americo, With His Pistol in His Hand: A Border Ballad and Its Hero (Austin: University of Texas

Press, 1958).

Pitt, Leonard, The Decline of the Californios: A Social Histogy of the Spanish-Speaking Californians,

1846-1890 (Berkeley: University of California Press, 1966).

Polzer, Charles W., & Thomas E. Sheridan, The Presidio and Militia on the Northern Frontier of New

Spain: A Docume ntary History. 2 volumes (Tucson: University of Arizona Press, 1986-1997).

Poyo, Gerald E., ed., Tejano Journey, 1770-1850. Austin: Univer sity of Texas Press, 1996.

Poyo, Gerald E., & Gilbert Hinojosa, eds., Tejano Origins in 18th Century San Antonio (Austin: University

of Texas Press, 1991).

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53 U. Miami L. Rev. 1143

Price, Glenn W., Origins of the War with Mexico: The Polk- Stockton Intrigue (Austin: University of

Texas Press, 1967).

Pulido, Laura, Environmentalism and Economic Justice: Two Chicano Struggles in the Southwest (Tucson:

University of Arizona Press, 1997).

Raat, Dirk W., Revoltosos: Mexico's Rebels in the United States, 1903-1923 (College Station: Texas A&M

University Press, 1981).

Rawls, James J., Indians of California: The Changing Image (Nor man and London: University of

Oklahoma Press, 1984).

Reisler, Mark, By the Sweat of Their Brow: Mexican Immigrant Labor in the United States, 1900-1940

(Westport: Greenwood Press, 1976).

Romero, Mary, Maid in the U.S.A. (New York: Routledge, 1992).

Romo, Ricardo, East Los Angeles: History of a Barrio (Austin: University of Texas Press, 1983).

F. Arturo Rosales, Chicano! The History of the Mexican Amer ican Civil Rights Movement, Houston: Arte

Publico Press, 1997.

Rosenbaum, Robert, Mexicano Resistance in the Southwest: The [*1174] Sacred Right of Self-

Preservation (Austin: University of Texas Press, 1981).

Rosenblum, Jonathan, Copper Crucible: How the Arizona Mi ners' Strike of 1983 Recast Labor

Management Relations in America (Ithaca: ILR Press, 1995)

Ross, Fred, Conquering Goliath: Cesar Chavez at the Beginning (Keene, California: El Taller Grafico,

1989).

Ruiz, Vicki L., Cannery Women, Cannery Lives: Mexican Women, Unionization, and the California Food

Processing Industry, 1930-1950 (Albuquerque: University of New Mexico Press, 1987).

Ruiz, Vicki L., From Out of the Shadows: Mexican Women in Twentieth Century America (New York,

Oxford: Oxford Uni versity Press, 1998). Ruiz, Vicki L., & Susan Tiano, eds., Women on the United

States-Mexican Border (Boston: Allen & Unwin, 1987).

Samora, Julian, Los Mojados: The Wetback Story (Notre Dame: University of Notre Dame Press, 1971).

Samora, Julian, Joe Bernal & Albert Pena, Gunpowder Justice: A Reassessment of the Texas Rangers

(Notre Dame: Univer sity of Notre Dame Press, 1979).

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Sanchez, George I. Forgotten People: A Study of New Mexicans (Albuqueque: University of New Mexico

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Sanchez, George J., Becoming Mexican American: Ethnicity, Culture and Identity in Chicano Los Angeles,

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Sanchez, Rosaura, Telling Identities: The Californio Te stimonios (Minneapolis and London: University of

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Weigle, Marta, Brothers of Lights, Brothers of Blood: The Penitentes of the Southwest (Albuquerque:

University of New Mexico Press, 1976).

Westphall, Victor, Mercedes Reales: Hispanic Land Grants of the Upper Rio Grande Region (Albuquerque:

University of New Mexico Press, 1983).

Whaley, Charlotte, Nina Otero-Warren of Sante Fe (Albuquer que: University of New Mexico Press,

1994).

Wollenberg, Charles, All Deliberate Speed: Segregation and Exclusion in California Schools, 1855-1976

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Zamora, Emilio, The World of the Mexican Worker in Texas (College Station: Texas A&M University

Press, 1993).

FOOTNOTE-1:

n1. For themes common to LatCrit Theory, see Francisco Valdes, Foreword - Poised at the

Cusp: LatCrit Theory, Outsider Jurisprudence and Latina/o Self-Employment, 2 Harv. Latino

L. Rev. 1, 52-59 (1997). See generally Symposium, Difference, Solidarity and Law: Building

Latina/o Communities Through LatCrit Theory, 19 UCLA Chicano-Latino L. Rev. 1(Spring

1998); Symposium, LatCrit: Latinas/os and the Law, 85 Cal. L. Rev. 1087, 10 La Raza L.J. 1

(1998); Symposium, LatCrit Theory: Naming and Launching a New Discourse of Critical

Legal Scholarship, 2 Harv. Latino L. Rev. 1 (1997); Colloquium, International Law, Human

Rights and LatCrit Theory, 78 U. Miami Inter-Am. L. Rev. 177 (1996-97); Colloquium,

Representing Latina/o Communities: Critical Race Theory and Practice, 9 La Raza L.J. 1

(1996).

n2. See David G. Gutierrez, Walls and Mirrors: Mexican Americans, Mexican Immigrants, and

the Politics of Ethnicity in the American Southwest 117 (1995). This is not to suggest that

Mexican-Americans did not fight for civil rights before World War II; despite poll taxes,

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53 U. Miami L. Rev. 1143

literacy tests, and violence designed to limit Mexican-American political power, they fought for

equality. See generally Juan Gomez-Quiones, Roots of Chicano Politics, 1600- 1940

(analyzing this history). Nonetheless, World War II, and the surrounding social, political, and

economic forces, commenced a resurgence in the insistence on demands for equal rights.

n3. See, e.g., Rodolfo Acua, Occupied America: A History of Chicanos 251-306 (3d

ed. 1988) (analyzing the transformative impact of World War II on Mexican-American

community).

n4. See, e.g., George I. Sanchez, Forgotten People: A Study of New Mexicans (1940).

n5. See, e.g., Ernesto Galarza, Farm Workers and Agri-Business in California 1947- 1960

(1977); Ernesto Galarza, Merchants of Labor: The Mexican Bracero Story (1964); Ernesto

Galarza, Spiders in the House and Workers in the Field (1970).

n6. See, e.g., Julian Samora, Los Mojados: The Wetback Story (1971); Julian Samora, Joe

Berna, & Albert Pena, Gunpowder Justice: A Reassessment of the Texas Rangers (1979).

n7. See Ricardo Romo, George I. Sanchez and the Civil Rights Movement: 1940-1960, 1 La

Raza L.J. 342, 342 (1986).

n8. See Gutierrez, supra note 2, at 131.

n9. F. Arturo Rosales, Chicano! The History of the Mexican-American Civil Rights Movement

93 (1997).

n10. See id. at 125.

n11. See Gutierrez, supra note 2, at 132. Similar arguments later eventually facilitated

successful desegregation efforts by African Americans. See Mary L. Dudziak, Desegregation as

a Cold War Imperative, 41 Stan. L. Rev. 61 (1988); see also Derrick A. Bell, Jr., Brown v.

Board of Education and the Interest-Convergence Dilemma, 93 Harv. L. Rev. 518, 524 (1980)

("The [Brown] decision helped to provide immediate credibility to America's struggle with

Communist countries to win the hearts and minds of emerging third world people. At least the

argument was made by lawyers for both the NAACP and the federal government. And the point

was not lost on the news media.") (footnotes omitted); Mary L. Dudziak, The Little Rock Crisis

and Foreign Affairs: Race, Resistance, and the Image of American Democracy, 70 So. Cal. L.

Rev. 1641 (1997) (analyzing the relationship between U.S. foreign affairs and civil rights

during the Eisenhower administration).

n12. See Gutierrez, supra note 2, at 144-45.

n13. See supra note 5 (citing Galarza's work in the area).

n14. See Gutierrez, supra note 2, at 158 (reviewing Galarza's writings and personal papers).

n15. See Rosales, supra note 9, at 119-20.

n16. See Luis R. Fraga, Preface, in "Seventh Annual Ernesto Galarza Commemorative Lecture

1992" (Stanford Center for Chicano Research, Stanford University).

n17. See Cordelia Chavez Candelaria, Introduction of Guest Lecturer, in "Seventh Annual

Ernesto Galarza Commemorative Lecture 1992" (Stanford Center for Chicano Research,

Stanford University).

n18. See id.

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53 U. Miami L. Rev. 1143

n19. See Ernesto Galarza, Herman Gallegos & Julian Samora, Mexican-Americans in the

Southwest at x, 9 (1970).

n20. See supra text accompanying notes 12, 13, 15, and 16. Chicana/o Studies scholars later

criticized the assimilationist model. For analysis of the limits of Mexican-American

assimilation, Kevin R. Johnson, "Melting Pot" or "Ring of Fire"? Assimilation and the

Mexican-American Experience, 85 Cal. L. Rev. 1259 (1997) and George A. Martinez, Latinos

Assimilation and the Law: A Philosophical Perspective, 19 UCLA Chicano-Latino Law Rev.

(Spring, 1998).

n21. See Gutierrez, supra note 2, at 163. LatCrit scholars have analyzed how immigration law

and policy disparately impacts the Mexican-American community. See, e.g., Kevin R. Johnson,

Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender,

and Class, 42 UCLA L. Rev. 1509 (1995); Elvia R. Arriola, LatCrit Theory, International

Human Rights, Popular Culture, and the Faces of Despair in INS Raids, 28 U. Miami Inter-Am.

L. Rev. 245 (1996-97).

n22. See generally Juan Ramon Garcia, Operation Wetback: The Mass Deportation of Mexican

Undocumented Workers in 1954 (1980) (documenting deportation campaign).

n23. Id. at 230-31.

n24. See Gutierrez, supra note 2, at 164-68. For a general historical analysis of the Chicana/o

movement see Carlos Muoz, Jr., youth, identity, power: The Chicano Movement

(1989).

n25. See generally Rosales, supra note 9.

n26. See Richard Delgado & Jean Stefancic, The Latino/a Condition: A Critical Reader 251

(1998).

n27. See Muoz, supra note 24, at 61-62; Rosales, supra note 9, at 180.

n28. See Gutierrez, supra note 2, at 184.

n29. Id. See generally Armando B. Rendon, Chicano Manifesto (1971) (articulating demands of

Chicana/o movement). For a historical analysis of the development of the ideology of

Chicanismo, see Ignacio M. Garcia, Chicanismo: The Forging of a Militant Ethos Among

Mexican Americans (1997).

n30. See Rosales, supra note 9, at 252-53.

n31. See Rosales, supra note 9, at 183-84; see also Muoz, supra note 24, at 75-78

(1989) (discussing 1969 conference in Denver at which the plan was developed).

n32. See Gutierrez, supra note 2, at 185.

n33. Rosales, supra note 9, at 253; see Muoz, supra note 24, at 127-69 (analyzing

demands by activists for Chicana/o Studies departments on campuses and the evolution of the

field over time).

n34. See Richard Griswold Del Castillo, The Treaty of Guadalupe Hidalgo: A Legacy of

Conflict 145 (1990). One leading legal expert on the Treaty was introduced to it through

Chicana/o Studies and teaches Chicana/o Studies courses in addition to law. See, e.g.,

Guadalupe T. Luna, "Agricultural Underdogs" and International Agreements: The Legal

Context of Agricultural Workers Within the Rural Economy, 26 N.M. L. Rev. 9 (1996);

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Guadalupe T. Luna, Chicana/o Land Tenure in the Agrarian Domain: On the Edges of a Naked

Knife, 3 Mich. J. Race & L. 39 (1999).

n35. See Griswold del Castillo, supra note 34, at 145.

n36. See Rosales, supra note 9, at 154.

n37. See generally Acua, supra note 3. Until Acua's pathbreaking first edition

of his book in 1972, the standard in the field was Carey McWilliams, North from Mexico: The

Spanish- Speaking People in the United States (1948). An activist in his own rite, McWilliams

was involved in the successful overturning of the conviction in the infamous Sleepy Lagoon

case in which Chicano youths were wrongly accused of murder. See Gutierrez, supra note 2, at

128.

n38. See Mario Barrera, Race and Class in the Southwest (1979).

n39. See Mario Barrera, The Study of Politics and the Chicano, 5 Aztlan 9 (1974).

n40. See Roxanne Dunbar Ortiz, Roots of Resistance: Land Tenure in New Mexico, 1680-1980

(1980).

n41. See Vicki L. Ruiz, From Out of the Shadows: Mexican Women in Twentieth Century

America (1998); Vicki L. Ruiz, Cannery Women, Cannery Lives: Mexican Women,

Unionization, and the California Food Processing Industry, 1930-1950 (1987).

n42. See Mary Romero, Maid in the U.S.A. (1992).

n43. See Living Chicana Theory (Carla Trujillo ed., 1998).

n44. See Rosales, supra note 9, at 264.

n45. 412 U.S. 755 (1973).

n46. 457 U.S. 202(1982).

n47. See League of United Latin Americans v. Wilson, 1998 U.S. Dist. LEXIS 3368 (C.D. Cal.

Mar. 17, 1998); League of United Latin Americans v. Wilson, 908 F. Supp. 755 (C.D. Cal.

1995).

n48. Cf. Derrick A. Bell, Diversity and Academic Freedom, 43 J. Leg. Educ. 371, 377 (1993)

("When under pressure from students or alumni law schools look beyond law school credentials

and hire the best minority they can find ....").

n49. Leo Romero began his law teaching career in 1970. He has taught for many years at the

University of New Mexico School of Law, including six years as its dean.

n50. Cruz Reynoso entered the legal academy in 1972 and later served for five years as a

Justice on the Supreme Court of California. He now teaches at the UCLA School of Law and is

a member of the U.S. Commission on Civil Rights.

n51. Richard Delgado began teaching law in 1974. A founder of the Critical Race Theory

movement, Delgado is currently teaching at the University of Colorado School of Law. Among

his many books and articles, he is co-editor with Jean Stefancic of The Latino/a Condition,

supra note 26, an anthology of readings on LatCrit Theory.

n52. See Richard Delgado & Vicky Palacios, Mexican-Americans as a Legally Cognizable

Class Under Rule 23 and the Equal Protection Clause, 50 Notre Dame L. Rev. 393 (1975).

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53 U. Miami L. Rev. 1143

n53. See Leo Romero, Richard Delgado & Cruz Reynoso, The Legal Education of Chicano

Students: A Study in Mutual Accommodation and Cultural Conflict, 5 N.M. L. Rev. 177

(1975).

n54. See Michael A. Olivas, The Education of Latino Lawyers: An Essay on Crop Cultivation,

14 UCLA Chicano-Latino L. Rev. 117, 128 (1994) [hereinafter Olivas, Latino Lawyers].

Though active in his efforts to increase the numbers of Latina/os into legal academia, Olivas is

a well-established scholar whose important works include The Law and Higher Education (2d

ed. 1997), Storytelling Out of School: Undocumented College Residency, Race, and Reaction,

22 Hastings Const. L.Q. 1019 (1995), Reflections on Professorial Academic Freedom: Second

Thoughts on the Third "Essential Freedom", 45 Stan. L. Rev. 1835 (1993), Legal Norms in

Law School Admissions: An Essay on Parallel Universes, 42 J. Leg. Educ. 103 (1992),

"Breaking the Law" on Principle: An Essay on Lawyers' Dilemmas, Unpopular Causes, and

Legal Regimes, 52 U. Pitt. L. Rev. 815 (1991) [hereinafter Olivas, "Breaking the Law"],

Unaccompanied Refugee Children: Detention, Due Process, and Disgrace, 2 Stan. L. & Pol'y

Rev. 159 (1990), and The Chronicles, My Grandfather's Stories, and Immigration Law: The

Slave Traders as Racial History, 34 St. Louis U. L.J. 425 (1990) [hereinafter Olivas, Slave

Traders Chronicle].

n55. See Michael A. Olivas, Latino/a Law Professor Newsletter, spring 1998; see also

Francisco Valdes, Under Construction: LatCrit Consciousness, Community and Theory, 85 Cal.

L. Rev. 1087, 1134-37 (1997), 10 La Raza L.J. 1, 48-51 (1998) (analyzing impact of under-

representation of Latina/os in legal education). Of the 117 of the Latina/o law professors whose

backgrounds are known, 71 are of Mexican ancestry. See Olivas, Latino Lawyers, supra note

54.

n56. See Yale Law's Lack of Latinos, Conn. L. Trib., Nov. 3, 1997 (reporting release of annual

Dirty Dozen list); Ken Myers, Hispanic Bar Raps 'Dirty Dozen' - Institutions Without Latinos,

Nat'l L.J. Nov. 9, 1992, at 4 (same).

n57. See Olivas, "Breaking the Law", supra note 54, at 833-35 (describing efforts).

n58. See Valdes, supra note 1, at 31. Critical Race Theory also has begun to focus on linking

theory to practice. See, e.g., Eric K. Yamamoto, Critical Race Praxis: Race Theory and

Political Lawyering Praxis in Post-Civil Rights America, 95 Mich. L. Rev. 821 (1997).

n59. See Valdes, supra note 1, at 53.

n60. See, e.g., Max J. Castro, Making Pan Latino: Latino Pan-Ethnicity and the Controversial

Case of the Cubans, 2 Harv. Latino L. Rev. 179, 185-87 (1997); Berta Esperanza Hernandez-

Truyol, Borders (En)gendered: Normativities, Latinas, and a LatCrit Paradigm, 72 N.Y.U. L.

Rev. 882 (1997) (analyzing the role of culture to Latina/o identity).

n61. See Martinez, supra note 20.

n62. Stephen Zamora, The Americanization of Mexican Law: Non-Trade Issues in the North

American Free Trade Agreement, 24 Law & Pol'y Int'l Bus. 391, 395 (1993); see George A.

Martinez, Dispute Resolution and the Treaty of Guadalupe Hidalgo: Parallels and Possible

Lessons for Dispute Resolution Under NAFTA, 5 Sw. J.L. & Trade in the Americas 147(Spring

1998).

n63. See Martinez, supra note 20.

n64. See Johnson, supra note 20, at 1281-86 (analyzing limits imposed by society on Mexican

Americans seeking to assimilate).

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53 U. Miami L. Rev. 1143

n65. See, e.g., Steven W. Bender, Direct Democracy and Distrust: The Relationship Between

Language Law Rhetoric and the Language Vigilantism Experience, 2 Harv. Latino L. Rev. 145

(1997); Christopher David Ruiz Cameron, How The Garcia Cousins Lost Their Accents:

Understanding the Language of Title VII Decisions Approving English-Only Rules as the

Product of Racial Dualism, Latino Invisibility, and Legal Indeterminacy, 85 Cal. L. Rev. 1347

(1997), 10 La Raza L.J. 261 (1998).

n66. See, e.g., Peter Brimelow, Alien Nation 272-74 (1995).

n67. See Kevin R. Johnson, Some Thoughts on the Future of Latino Legal Scholarship, 2 Harv.

Latino L. Rev. 101, 117-29 (1997).

n68. See Kevin R. Johnson, Civil Rights and Immigration: Challenges for the Latino

Community in the Twenty-First Century, 8 La Raza L.J. 42, 66-67 (1995); Valdes, supra note

1, at 53-54.

n69. See Rachel F. Moran, Neither Black Nor White, 2 Harv. Latino L.Rev. 61, 87 (1997); Bill

Piatt, Black and Brown in America: The Case for Cooperation 156 (1997).

n70. See Jorge C. Rangel & Carlos M. Alcala, Project Report: De Jure Segregation of Chicanos

in Texas Schools, 7 Harv. C.R.-C.L. L. Rev. 307 (1972) (documenting history of segregation of

Mexican-Americans in public schools and Texas society generally).

n71. See Nathan Glazer, We Are All Multiculturalists Now (1997).

n72. See George A. Martinez, The Legal Construction of Race: Mexican-Americans and

Whiteness, 2 Harv. Latino L. Rev. 321 (1997).

n73. See generally George A. Martinez, Legal Indeterminacy, Judicial Discretion and the

Mexican-American Litigation Experience: 1930-1980, 27 U.C. Davis. L. Rev. 555 (1994)

(reviewing key judicial decisions involving civil rights of Mexican-Americans and concluding

that courts frequently exercise discretion to detriment of minorities).

n74. See Johnson, supra note 68, at 55-56.

n75. See id. at 48-49 (summarizing events); Robert R. Alvarez, Jr., The Lemon Grove Incident:

The Nation's First Successful Desegregation Case, 32 J. San Diego Hist. 116 (1986); see also

Westminister School Dist. v. Mendez, 161 F.2d 774 (9th Cir. 1947) (holding that public school

system had unlawfully segregated Mexican American students).

n76. See Mary Pardo, Mexican American Women Grassroots Community Activists: "Mothers

of East Los Angeles", Frontiers, Vol. 11, at 1 (1990).

n77. See supra note 1 (citing symposia).

n78. See Delgado & Palacios, supra note 52. Indeed, not until the l950s was it clear that the

Equal Protection Clause applied to persons of Mexican ancestry, see Hernandez v. Texas, 347

U.S. 475 (1954); see also Ian F. Haney Lopez, Race and Erasure: The Salience of Race to

LatCrit Theory, 85 Cal. L. Rev. 1153 (1997), 10 La Raza L. J. 57 (1998) (analyzing

significance of Hernandez).

n79. See Linda Chavez, Immigration Not About Race, USA Today, May 31, 1995, at 13A

(objecting to restrictionist claims that immigrants of color are somehow transforming United

States).

n80. See Ruben Navarrette, Jr., A Darker Shade of Crimson (1993); Richard Rodriguez,

Hunger of Memory (1982).

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53 U. Miami L. Rev. 1143

n81. See Johnson, supra note 67, at 129-38.

n82. See id. at 129.

n83. See Valdes, supra note 1, at 54.

n84. Indeed, the Mexican-American communities in Texas, New Mexico, Arizona, and

California developed differently based on historical, economic, and political circumstances

peculiar to each state. See Iris H.W. Engstrand, The Impact of the U.S.-Mexican War on the

Spanish Southwest, in Culture y Cultura: Consequences of the U.S.-Mexican War, 1846- 1848

at 18-24 (1998). The different experiences between Cuban American and other Latina/os are

implicit in Castro, supra note 60, which analyzes the potential for integrating Cubans into a

larger Latina/o community in light of the specific historical experience of Cuban Americans.

n85. See supra text accompanying notes 12, 13, 15, and 16.

n86. See Gutierrez, supra note 2 (analyzing tensions among Mexican-Americans on issue of

immigration). Some of the differences and tensions are explored in Kevin R. Johnson,

Immigration and Latino Identity, 19 UCLA Chicano-Latino L. Rev. 197 (Spring 1998).

n87. See, e.g., Arriola, supra note 21 (studying impact of immigration enforcement on

Mexican-American community); Martinez, supra note 73 (analyzing Mexican-American

litigation experience); Haney Lopez, supra note 78 (analyzing racialization of Mexican-

Americans in Texas); Margaret E. Montoya, Mascaras, Trenzas, y Greas: Un/Masking

the Self While Un/Braiding Latina Stories and legal Discourse, 17 Harv. Women's L.J. 185, 15

UCLA Chicano-Latino L. Rev. 1 (1994) (analyzing how Chicanas adopt "masks" that are

acceptable to dominant culture).

n88. Cf. Alex M. Johnson, Jr., The New Voice of Color, 100 Yale L.J. 2007 (1991) (contending

that minority professors have distinctive "voice" to add to legal scholarship).

n89. For a collection of the papers presented at the conference, see Symposium, Understanding

the Treaty of Guadalupe Hidalgo on its 150th Anniversary, 5 Sw. J.L. & Trade in the Americas

1(Spring 1998).

n90. There are some nascent suggestions that this might occur with the advent of Latina/o

Studies. For example, a recent book, The Latino Studies Reader: Culture, Economy, and

Society (Antonia Darder & Rodolfo D. Torres eds., 1998), includes readings on various Latin

American national origin sub-groups).

n91. See, e.g., Richard Delgado, Rodrigo's Fifteenth Chronicle: Racial Mixture, Latino- Critical

Scholarship, and the Black-White Binary, 75 Tex. L. Rev. 1181 (1997). This challenge is not

limited to LatCrit scholars but has been asserted by academics in disciplines other than law.

See, e.g., Mary Romero, Introduction, in Challenging Fronteras: Structuring Latina and Latino

Lives in the U.S. at xiv (Mary Romero, Pierette Hondagneu-Sotelo, & Vilma Ortiz eds., 1997)

("Clearly, we cannot rely on the dominant culture's notions of 'whiteness' or 'blackness' to

assess racial identity among Latinos in the U.S. The binary thinking of race relations in this

country is so ingrained in the dominant culture that it continues to shape what we see.").

n92. See Leslie Espinoza & Angela P. Harris, Afterword: Embracing the Tar-Baby - LatCrit

Theory and the Sticky Mess of Race, 85 Cal. L. Rev. 1585, 1594-1605 (1997), (articulating this

argument).

n93. Showing the need for a multiracial approach to race scholarship, Michael Olivas analyzed

one of Derrick Bell's famous fictional parables, "The Chronicle of the Space Traders," which

suggested that whites might surrender all African Americans to "space traders" for world peace,

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53 U. Miami L. Rev. 1143

and concluded that comparable actions hade been taken in this nation's history by the U.S.

government against Asians, Mexican-Americans, and Native Americans. See Olivas, Slave

Traders Chronicle, supra note 54.

n94. See Frank Bruni, California Regent's New Focus: Ethnic Studies, N.Y. Times, June 18,

1998, at A20 (reporting that Ward Connerly, the Regent of the University of California who led

the effort to end affirmative action in the UC system, questioned the soundness of ethnic

studies programs).

n95. See, e.g., Michael Omi & Howard Winant, Racial Formation in the United States (1994);

Ronald Takaki, Strangers From a Different Shore: A History of Asian Americans (1988).

n96. See, e.g., Kwame Anthony Appiah, In My Father's House: Africa in the Philosophy of

Culture (1992); Henry Louis Gates et al., Speaking of Race, Speaking of Sex: Hate Speech,

Civil Rights, and Civil Liberties (1994); Cornel West, Race Matters (1994).

n97. See, e.g., Jack D. Forbes, Africans and Native Americans: The Language of Race and the

Evolution of Red-Black Peoples (2d ed. 1993).

n98. See Kevin R. Johnson, Racial Hierarchy, Asian Americans and Latinos as "Foreigners,"

and Social Change: Is Law the Way to Go?, 76 Or. L. Rev. 347, 358-69 (1997).

n99. See George A. Martinez, African-Americans, Latinos, and the Construction of Race:

Toward an Epistemic Coalition, 19 UCLA Chicano-Latino L. Rev. 213(Spring 1998).

n100. See Bill Ong Hing, Beyond The Rhetoric of Assimilation and Cultural Pluralism:

Addressing the Tension of Separatism and Conflict in an Immigration-Drive Multiracial

Society, 81 Cal. L. Rev. 863, 889 (1993); Lisa C. Ikemoto, Traces of the Master Narrative in

the Story of African/Korean American Conflict: How We Constructed "Los Angeles," 66 S.

Cal. L. Rev. 1581 (1993); Reginald Leamon Robinson, "The Other Against Itself": The Violent

Discourse Between Korean and African Americans, 67 S. Cal. L. Rev. 15 (1993).

n101. See Kevin R. Johnson, Race, The Immigration Laws, and Domestic Race Relations: A

"Magic Mirror" Into the Heart of Darkness, 73 Ind. L.J. 1111(Fall 1998) (analyzing this

episode of interethnic conflict).

n102. See generally Neil Foley, The White Scourge: Mexicans, Blacks and Poor Whites in the

Cotton Culture of Central Texas (1997).

n103. See, e.g., Yamamoto, supra note 58 (analyzing conflict between various minority groups

in public school educations that implicated affirmative action); see also Gabriel Chin, Sumi

Cho, Jerry Kang, & Frank Wu, Beyond Self-Interest: Asian Pacific Americans Toward a

Community of Justice (1997) (offering arguments by four Asian American law professors in

support of affirmative action).

n104. See Margaret M. Russell, Entering Great America: Reflections on Race and the

Convergence of Progressive Legal Theory and Practice, 43 Hastings L.J. 749, 756 (1992).

n105. See supra text accompanying notes 4, 5, and 6.

n106. See Acua, supra note 3.

n107. See Barrera, supra notes 38, 39.

n108. For an annotated bibliography of critical Latina/o scholarship, including work by

academics in disciplines other than law, see Jean Stefancic, Latino and Latina Critical Theory:

An Annotated Bibliography, 85 Cal. L. Rev. 1509, 10 La Raza L. J. 423 (1998).

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n109. See Griswold Del Castillo, supra note 34.

n110. See supra note 34 (citing articles).

n111. See Martinez, supra note 73, at 574-604 (analyzing school desegregation litigation

brought by Mexican-Americans); Rachel F. Moran, Getting a Foot in Door: The Hispanic Push

for Equal Educational Opportunity in Denver, 2 Kan. J.L. & Pub. Pol'y 35 (1992) (analyzing

interests of Mexican-Americans in school desegregation litigation in Denver).

n112. See, e.g., Kitty Calavita, Inside the State (1992) (analyzing how U.S. immigration

bureaucracy transformed law to suit its own agenda in Bracero Program).

n113. See Christopher David Ruiz Cameron, One Hundred Fifty Years of Solitude: A Law

Professor Critiques the Dominance of Historical Scholarship on the Treaty of Guadalupe

Hidalgo, 5 Sw. J.L. & Trade in the Americas (forthcoming 1998) (contending that historical

studies of Treaty often oversimplified complex role of law in stripping away rights of persons

of Mexican ancestry).

n114. See generally Richard Griswold del Castillo, The U.S.-Mexican War: Contemporary

Implications for Mexican Civil and International Rights, in Culture y Cultura, supra note 85, at

76 (analyzing efforts to protect Mexican American civil rights through Treaty).

n115. See generally Richard Delgado & Jean Stefancic, Failed Revolutions (1994) (analyzing

limits of legal imagination in achieving social change).