Latinos and American Law: Landmark Supreme Court CasesUniversity of Texas Press, 3. 6. 2009 - Počet stran: 251 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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... territories (which I incorporated into Chapter 2), the relationship of rights in American history, and of course, the Bill of Rights. I am deeply thankful for the Honorable Guido Calabresi's help in supervising research into this area ...
... territories of the United States, which according to David O'Brien, had “left the Court at low ebb for two decades ... territory (when considered together with the annexation of Texas in 1845) to the United States, which became the ...
... 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 ...
... also noted that the Mexican government, in connection with the Treaty of Guadalupe Hidalgo and the cession of the territories to the United States, “caused to be inserted” provisions “intended for the protection 12 the fuller court.
... territory as “now occupied by savage tribes, who will hereafter be under the exclusive control of the government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme.” Under ...
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C THE WARREN COURT 19531969 | 35 |
3 Hernandez v Texas 1954 and the Exclusion of MexicanAmericans from Grand Juries | 37 |
4 Katzenbach v Morgan 1966 and Voting Rights of Puerto Ricans with Limited English Proficiency | 48 |
E THE REHNQUIST COURT 19862005 | 133 |
10 INS v CardozaFonseca 1987 Refugees and Political Asylum | 135 |
11 US v VerdugoUrquidez 1990 and Limits to the Applicability of the Bill of Rights Geographically and as to Only The People | 145 |
12 Hernandez v New York 1991 and the Exclusion of Bilingual Jurors | 157 |
13 Johnson v DeGrandy 1994 CubanAmericans and Voting Rights in the American Legal System | 171 |
14 Alexander v Sandoval 2001 Title VI and the Courts Refusal to Consider the Validity of EnglishOnly Laws or Rules | 185 |
Conclusion | 195 |
Notes | 201 |
5 Miranda v Arizona 1966 and the Rights of the Criminally Accused | 61 |
D THE BURGER COURT 19691986 | 75 |
6 San Antonio ISD v Rodriguez 1973 and the Search for Equality in School Funding | 77 |
7 Espinoza v Farah Mfg Co 1973 and National Origin Discrimination in Employment | 95 |
8 United States v BrignoniPonce 1975 Law and Order on the Border | 107 |
9 Plyler v Doe 1982 and Educating Children of Illegal Aliens | 118 |
Bibliography | 217 |
List of Cases | 223 |
Cases Mentioned | 229 |
General Index | 233 |