Volume 23(1) (May 2020)
INTERVIEW WITH SECRETARY JULIÁN CASTRO
– Secretary Julián Castro1Secretary Julián Castro has had a long political career, beginning in 2001 when he ran for San Antonio City Council at the age of twenty-six. He later ran for San Antonio mayor, winning the election in 2009 and serving until 2014, when he left to serve in the administration of President Barack Obama as the Secretary for Housing and Urban Development until 2017. In January 2019, he announced his candidacy for President of the United States in the Democratic primary, and stayed in the race until January 2020. He is a graduate of Stanford University and Harvard Law School.
In 2012, Secretary Castro was the first Latino to give the keynote address at the Democratic National Convention in Charlotte, where he said: “The American dream is not a sprint, or even a marathon, but a relay. Our families don’t always cross the finish line in the span of one generation. But each generation passes on to the next the fruits of their labor. My grandmother never owned a house. She cleaned other people’s houses so she could afford to rent her own. But she saw her daughter become the first in her family to graduate from college. And my mother fought hard for civil rights so that instead of a mop, I could hold this microphone.”
INTERVIEW WITH IRENE ORIA, PRESIDENT OF THE HISPANIC NATIONAL BAR ASSOCIATION (HNBA)
– Irene Oria2Irene Oria was born in New Jersey to Cuban-immigrant parents. She has undertaken many different roles in her long legal career, including clerking for Judge Cecilia Altonaga of the U.S. District Court for the Southern District of Florida, serving as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of Florida in Miami, and working at several large law firms in Miami and the New York area. She is currently a partner at FisherBroyles in Miami, focusing on commercial busi- ness litigation.
THE EFFECTS OF ANTI-IMMIGRANT LAWS IN THE U.S. ON VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND HUMAN TRAFFICKING: A GENDER-BASED HUMAN RIGHTS ANALYSIS
– Caroline Bettinger-Lopez, Jamila Flomo, and Amanda Suarez3 Caroline Bettinger-Lopez is Professor of Law, University of Miami School of Law, and Director, Miami Law Human Rights Clinic. Jamila Flomo is a second-year law student and intern, University of Miami School of Law, Miami Law Human Rights Clinic. Amanda Suarez is a second-year law student and intern, University of Miami School of Law, Miami Law Human Rights Clinic. The arguments set forth in this article are reflected in a corresponding amicus brief the authors and co-counsel plan to submit in City of South Miami, et al. v. Ron DeSantis, et al., 1:19-cv-22927 (S.D.Fla), as well as in a report submitted by the Miami Law Human Rights Clinic and others to the United Nations Human Rights Council in conjunction with the Universal Periodic Review (UPR) of the United States (see Violations of the Human Right to Effective Protection Before the Law: Access to Justice for Immigrant Survivors of Gender-Based Violence in the U.S., https://miami.box.com/s/8l1ha2v649t98biz6q6n14m9i4qibd1h, archived at https://perma.cc/2J9R-EDFA).
WHITHER THE REVOLUTION? FRAMING POLITICAL ANIMOSITIES BETWEEN SEXUAL MINORITIES AND CHURCHES IN CUBA’S NEW CONSTITUTION
– Jose Gabilondo4Associate Dean for Accreditation and Reporting and Professor of Law, College of Law, Florida International University, Miami. I presented drafts of this Article at the University of Miami School of Law’s 2019 conference on human rights, the 2019 meeting of the Association for the Study of the Cuban Economy, our faculty colloquium series, and the LatCrit 2019 Biennial Conference. I thank College of Law Dean Antony Page for the summer research stipend that made this project possible. Thanks to Diane Klein, William Leogrande, Larry Catá Backer, Jorge Esquirol, Howard Wasserman, Juan Javier de Granados, Eric Carpenter, Whitney Baumann, and Matthew Mirow for their helpful comments on earlier versions of this Article. All errors are my own.
THE RIDDLE OF PROMESA: IS THE PUERTO RICO OVERSIGHT BOARD A FEDERAL OR TERRITORIAL ENTITY?
– Carlos Micames5J.D. Candidate at American University Washington College of Law (WCL), 2020. B.A., University of Puerto Rico-Mayaguez, 2017. While at WCL, the author has interned at the DC Superior Court, Department of Insurance, Securities and Banking, the Securities and Exchange Commission, and McConnell Valdes LLC Law Firm in Puerto Rico, and is a member of the AU Business Law Review.
REVISING NAFTA: CONSEQUENCES OF ANTIDUMPING AND COUNTERVAILING DUTY LAWS ON IMMIGRATION AND POVERTY
– Sean L. Litteral6University of California, Berkeley, School of Law, J.D., 2019; London School of Economics and Political Science, M.S.c, 2018; Berea College, B.A., 2013. Special thanks to Elvia Lopez Litteral for her edits and keen insight.
LATINIDAD, WHITE SUPREMACY, AND REFORMING FIRST-YEAR MOOT COURT COMPETITIONS TO CONFRONT RACIAL AND ETHNIC BIAS
– Marcus Lind-Martinez7The University of Texas School of Law J.D., 2019; Editor-in-Chief, 2018-2019, Texas Hispanic Journal of Law and Policy. I would like to thank Professor Wayne Schiess for his support writing this paper, Emma Lind-Martinez for her unshakeable commitment to racial justice, and Mary Alice Martinez for her never-ending faith in me.
Volume 23(2) (December 2020)
Latina & Latino Critical Legal Theory (“LatCrit”) 2019 Symposium Edition
FOREWORD: THE DISPOSSESSED MAJORITY: RESISTING THE SECOND REDEMPTION IN AMÉRICA POSFASCISTA (POSTFASCIST AMERICA) WITH LATCRIT, SCHOLARSHIP, COMMUNITY, AND PRAXIS AMIDST THE GLOBAL PANDEMIC
– Marc Tizoc González8Professor of Law, University of New Mexico School of Law, gonzalezm@law.unm.edu,@marctizoc, https://foodsharinglaw.net, https://habeasdatalaw.net. Thanks to my coauthors; the LatCrit 2019 conference participants and organizers—especially Shelley Cavalieri, Natsu Taylor Saito, and Nirej Sekhon; Steve Bender and Stephen Lee for thoughtful editorial suggestions; my research assistants, Felisha Adams and Amanda Garcia; and the myriad people with whom I’ve discussed América Posfascista (Postfascist America) over the past sixteen years. Finalmente, gracias a mi querida esposa y compañera, Teague González.
– Saru Matambanadzo9Associate Professor of Law, Tulane School of Law, smatamba@tulane.edu. Thanks to my co-authors, Shelley Cavalieri, Natsu Taylor Saito, and Nirej Sekhon and the LatCrit 2019 Conference Committee, the editors of the Harvard Latinx Law Review, and the members of the Board of Directors of LatCrit. I would also like to thank Steven W. Bender for his detailed, engaged, and careful comments and Tayyab Mahmud for everything. You both make us all better. I would also like to thank Michael Hawke, my wonderful research assistant who came through to help me on this work in a pinch. You are so awesome. Thank you always especially to David Noble, Delilah Matambanadzo Noble, and Ophelia Matambanadzo Noble for giving me inspiration to move forward, space to write and look backward, and a safe place to come home to. Love you three.
– Sheila I. Vélez Martínez10Jack and Lovell Olender Professor of Asylum Refugee and Immigration Law University of Pittsburgh School of Law. Many thanks to the organizing committee of the LatCrit Conference for bringing together such a diverse and engaging group of presenters. Special thanks to Steve Bender for always being a constant mentor and friend and to CLI for many hours of socially distanced walks that helped me fine tune the ideas in this paper.
GUT RENOVATIONS: USING CRITICAL AND COMPARATIVE RHETORIC TO REMODEL HOW THE LAW ADDRESSES PRIVILEGE AND POWER
– Elizabeth Berenguer11Associate Professor of Law, Stetson University College of Law. We collectively thank the Lat Crit and Class Crit organizations for their continued support of our scholarship and for providing a platform to study and critique the traditions, systems, and apparatuses that perpetuate inequality and injustice.
– Lucy Jewel12Professor of Law and Director of Legal Writing, University of Tennessee Knoxville College of Law.
– Teri A. McMurtry-Chubb13Professor of Law UIC John Marshall Law School.
AGAINST FASCISM: TOWARD A LATCRITICAL LEGAL GENEALOGY
– Elizabeth M. Iglesias14Professor of Law, University of Miami School of Law. Thanks to my dean, colleague and friend, University of Miami School of Law, Dean Tony Varona, for his unwavering support and inexhaustible enthusiasm; the editors of Harvard Latinx Law Review for your thoughtful edits; the organizers of the 2019 LatCrit Biennial Conference for taking up the cause of the dispossessed majority; Barbara Cuadras for unfailing success securing any and every book requested. I am profoundly grateful to my spouse Madeleine M. Plasencia for friendship, love and endurance.
HATE ON THE BALLOT: ELECTION 2020 AND THE QUEST FOR A DIVERSE AND INCLUSIVE DEMOCRACY
– Steven A. Ramirez15Abner J. Mikva Professor of Law and Director of the Business Law Center at Loyola University Chicago. John Dehn, Michael Kaufman, Mary Ramirez, Barry Sullivan and Neil Williams each provided helpful comments and insights that improved this article. This article also benefited from comments at the LatCrit conference held at Georgia State School of Law in October of 2019. Adrian Gonzalez Cerrillo provided outstanding research assistance. All errors are mine. I welcome comments regarding this article via email to sramir3@luc.edu.
DISABLING FASCISM: A STRUGGLE FOR THE LAST LAUGH IN TRUMP’S AMERICA
– Madeleine M. Plasencia16B.A. Cornell University; J.D. University of Pennsylvania. Formerly tenured Associate Professor at the University of Tulsa, School of Law, currently Affiliated Law Professor, University of Miami School of Law. Thanks to the University of Miami School of Law Dean Anthony E. Varona for support funds to travel to Atlanta, GA to present an early version of this paper at the 2019 LatCrit Biennial conference; and many thanks to the LatCrit conference organizers. Thanks are due to the work of editors of the HARVARD LATINX LAW REVIEW. Thanks also to the timely and thorough research and reference support of Robin C. Schard, Associate Director, Law Library & Lecturer in Law at the University of Miami, School of Law. I am profoundly grateful to my spouse, Elizabeth M. Iglesias for theorizing, cofounding, and incorporating LatCrit, Inc. All errors are my own.
INTERPRETER SERVICES FOR LIMITED ENGLISH PROFICIENT INSUREDS ARE “REASONABLE” AND “NECESSARY”
– Julie Preciado17Willamette University College of Law J.D., 2020, and incoming associate at Barran Liebman, LLP in Portland, Oregon. The idea for this paper came from my many years serving the LEP community in Oregon as a language interpreter and case manager before entering the legal profession. I presented this paper at the 2019 Biennial LatCrit Conference as a LatCrit Student Scholar. I would like to thank Professor Gil Carrasco for encouraging me to publish this paper, Professor Steven Bender for his insight on finalizing drafts, and my daughter for her patience and support.
AFTERWORD: COLLECTIVE KNOWLEDGE PRODUCTION TOWARD TRANSFORMATIVE SOCIAL CHANGE: A COMMUNITY GROUNDED MODEL
– Steven W. Bender18Professor of Law and Associate Dean for Planning and Strategic Initiatives, Seattle University School of Law. I want to express my gratitude to Frank Valdes and Jennifer Hill for the thousands of hours they invested in the textbook project presented at the 2019 LatCrit conference at Georgia State School of Law, as well as to all those who labored on earlier drafts, outlines, or ideas of this project, including long-time LatCrit community members, most of them former or current board members: Sumi Cho, Christine Zuni-Cruz, Margaret Montoya, Athena Mutua, Ibrahim Gassama, Carmen Gonzalez, Marc Tizoc-González, Gil Gott, Tayyab Mahmud, Ileana Porras, Charles Pouncy, and Sheila Vélez Martínez. I would also like to thank Frank Valdes for reading and commenting on a draft of this afterword.