Abstract

http://ssrn.com/abstract=1087360
 
 

Footnotes (410)



 


 



¿La Raza Latino?: Multiracial Ambivalence, Color Denial, and the Emergence of a Tri-Ethnic Jurisprudence at the End of the Twentieth Century


Tom Romero II


University of Denver Sturm College of Law


New Mexico Law Review, Vol. 37, No. 2, 2007

Abstract:     
This article is a recent legal history concerning the complicated, inconsistent, and dramatic transformation in the jurisprudential meaning and legal consequence of race, color and ethnic categories in the last decades of the 20th century. Linking school desegregation, bilingual education, and affirmative action jurisprudence to the dramatic growth of the nation's Latina/o community in the second half of the 20th century, the article documents the reasons behind the inability of American law to understand conceptually the idea of a Latino race.

In particular, the article argues that three United States Supreme Court equality of education cases - Keyes v. School District No. 1 (1973), Lau v. San Francisco Unified School District (1974) and University of California v. Bakke (1978) - formed the foundation of a tri-ethnic jurisprudence. As the issues in each case came to be formulated in the lower courts as a direct result of the presence of Latino and other students of color in the litigation, the article argues that the emerging tri-ethnic jurisprudence minimized or completely obscured the importance of color privilege to the legal analysis. For Latina/os, who historically had been legally racialized as other White and other Black, such a development provided an inconsistent and loosely coherent body of jurisprudence through which to assure equal rights. Ultimately, the article details how such cases reinforces the dichotomies of U.S. law (i.e., Black/White, minority/non-minority, English/non-English, American/non-American) without confronting the distinct racialization of Latina/os in American culture and without acknowledging the emergence of a more complicated color line in a multiracial nation.

Number of Pages in PDF File: 62

Keywords: critical race theory, legal history, constitutional law, civil rights, education law, latinos and law

Accepted Paper Series


Download This Paper

Date posted: January 26, 2008  

Suggested Citation

Romero, Tom, ¿La Raza Latino?: Multiracial Ambivalence, Color Denial, and the Emergence of a Tri-Ethnic Jurisprudence at the End of the Twentieth Century. New Mexico Law Review, Vol. 37, No. 2, 2007. Available at SSRN: http://ssrn.com/abstract=1087360

Contact Information

Tom Romero II (Contact Author)
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
Feedback to SSRN


Paper statistics
Abstract Views: 956
Downloads: 91
Download Rank: 168,882
Footnotes:  410

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.391 seconds