Latinos and American Law: Landmark Supreme Court Cases

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University of Texas Press, 3. 6. 2009 - Počet stran: 252

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.

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1 Botiller v Dominguez 1889 Mexican Land Grants and the Treaty of Guadalupe Hidalgo
2 Balzac v Porto sic Rico 1922 the Insular Cases 1901 and Puerto Ricos Status in the American Legal System
3 Hernandez v Texas 1954 and the Exclusion of MexicanAmericans from Grand Juries
4 Katzenbach v Morgan 1966 and Voting Rights of Puerto Ricans with Limited English Proficiency
10 INS v CardozaFonseca 1987 Refugees and Political Asylum
11 US v VerdugoUrquidez 1990 and Limits to the Applicability of the Bill of Rights Geographically and as to Only The People
12 Hernandez v New York 1991 and the Exclusion of Bilingual Jurors
13 Johnson v DeGrandy 1994 CubanAmericans and Voting Rights in the American Legal System
14 Alexander v Sandoval 2001 Title VI and the Courts Refusal to Consider the Validity of EnglishOnly Laws or Rules

5 Miranda v Arizona 1966 and the Rights of the Criminally Accused
6 San Antonio ISD v Rodriguez 1973 and the Search for Equality in School Funding
7 Espinoza v Farah Mfg Co 1973 and National Origin Discrimination in Employment
8 United States v BrignoniPonce 1975 Law and Order on the Border
9 Plyler v Doe 1982 and Educating Children of Illegal Aliens
List of Cases
Cases Mentioned
General Index
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Strana 79 - SECTION 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the legislature of this State to make suitable provision for the support and maintenance of public schools.
Strana 66 - The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence : the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. More specifically, we deal with the admissibility of statements obtained from an individual who is subjected to custodial police interrogation...
Strana 10 - Mexican republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the meantime shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion...
Strana 10 - Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on...
Strana 129 - Act (old-age assistance, aid to families with dependent children, aid to the blind, aid to the permanently and totally disabled), and for whom such assistance is not available from established welfare agencies or through tribal resources.
Strana 10 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Strana 86 - It is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws. Thus, the key to discovering whether education is "fundamental" is not to be found in comparisons of the relative societal significance of education as opposed to subsistence or housing. Nor is it to be found by weighing whether education is as important as the right to travel. Rather, the answer lies in assessing whether there is a right to education explicitly...
Strana 69 - Over the years the Federal Bureau of Investigation has compiled an exemplary record of effective law enforcement while advising any suspect or arrested person, at the outset of an interview, that he is not required to make a statement, that any statement may be used against him in court, that the individual may obtain the services of an attorney of his own choice and, more recently, that he has a right to free counsel if he is unable to pay.
Strana 40 - Throughout our history differences in race and color have defined easily identifiable groups which have at times required the aid of the courts in securing equal treatment under the laws. But community prejudices are not static, and from time to time other differences from the community norm may define other groups which need the same protection.
Strana 14 - That each and every person claiming lands in California by virtue of any right or title derived from the Spanish or Mexican Government...

O autorovi (2009)

Carlos R. Soltero is a partner at the Austin, Texas, law firm McGinnis, Lochridge & Kilgore, LLP. He holds a J.D. from Yale Law School.

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