Latinos And American Law

by
Format: Paperback
Pub. Date: 2006-09-01
Publisher(s): Univ of Texas Pr
List Price: $25.00

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Summary

To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001. Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.

Table of Contents

Acknowledgments ix
Introduction 1(6)
A. THE FULLER COURT (1888-1910) 7(10)
1. Botiller v. Dominguez (1889), Mexican Land Grants, and the Treaty of Guadalupe Hidalgo
9(8)
B. THE TAFT COURT (1921-1930) 17(18)
2. Balzac v. Porto [sic] Rico (1922), the Insular Cases (1901), and Puerto Rico's Status in the American Legal System
19(16)
C. THE WARREN COURT (1953-1969) 35(40)
3. Hernandez v. Texas (1954) and the Exclusion of Mexican-Americans from Grand Juries
37(11)
4. Katzenbach v. Morgan (1966) and Voting Rights of Puerto Ricans with Limited English Proficiency
48(13)
5. Miranda v. Arizona (1966) and the Rights of the Criminally Accused
61(14)
D. THE BURGER COURT (1969-1986) 75(58)
6. San Antonio ISD v. Rodriguez (1973) and the Search for Equality in School Funding
77(18)
7. Espinoza v. Farah Mfg. Co. (1973) and "National Origin" Discrimination in Employment
95(12)
8. United States v. Brignoni-Ponce (1975), Law and Order on the Border
107(11)
9. Plyler v. Doe (1982) and Educating Children of Illegal Aliens
118(15)
E. THE REHNQUIST COURT (1986 -2005) 133(62)
10. INS v. Cardoza-Fonseca (1987), Refugees, and Political Asylum
135(10)
11. U.S. v. Verdugo- Urquidez (1990) and Limits to the Applicability of the Bill of Rights Geographically and as to Only "The People"
145(12)
12. Hernandez v. New York (1991) and the Exclusion of Bilingual Jurors
157(14)
13. Johnson v. DeGrandy (1994), Cuban-Americans, and Voting Rights in the American Legal System
171(14)
14. Alexander v. Sandoval (2001), Title VI, and the Court's Refusal to Consider the Validity of English-Only Laws or Rules
185(10)
Conclusion 195(6)
Notes 201(16)
Bibliography 217(6)
List of Cases 223(6)
Featured Supreme Court Cases and Lower Court Companion Cases
223(1)
Other Supreme Court Cases
224(3)
Other Federal Cases
227(1)
Other Cases
228(1)
Cases Mentioned 229(4)
General Index 233

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