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October 4, 2016

Professor Reynoso Discusses "Chicana/o Political Consciousness: Yesterday and Today"

This evening at Sacramento City College, Professor Emeritus Cruz Reynoso appeared on a panel on the Chicana/o rights movement.

Here is the event description: "The Mexican/Chicana/o Movement in Sacramento from the 1960s through the 1980s linked civil and political rights with social, economic, and cultural rights. It was an age of vibrant Mexican/Chicana/o activism and leaders saw themselves as a critical part of the national Chicana/o Movement. The panelists will discuss their personal experiences during the Movimiento."

June 8, 2016

Reynoso: I’m Mexican-American, and I was a judge. What Trump is doing is appalling.

Former California Supreme Court Justice and Professor Emeritus Cruz Reynoso penned an op-ed for PostEverything, a feature of The Washington Post. The piece is titled "I'm Mexican-American, and I was a judge. What Trump is doing is appalling." In it, Reynoso takes on remarks from presumed Republican presidential nominee Donald Trump, who wishes to disqualify U.S. District Judge Gonzalo Curiel from presiding over the lawsuits against Trump University: "Now, this judge is of Mexican heritage. I'm building a wall, okay?"

Reynoso writes:

Trump's rhetoric is a frontal attack on the judicial system. Are federal judges of Hispanic origin to be judged on the basis of their ethnicity rather than that the quality of their professionalism?

I have had the opportunity these last 53 years of my life to be a lawyer who practiced before judges, as well as a judge - a California state appellate and Supreme Court justice. (I was proud to be the first Latino appointed to my state's highest court, in 1976.) When appellate judges disagree, they write dissents. Dissents are based on differing views of the law. Never has a dissent been based on the ethnicity of disagreeing justices, nor should it be so. Were that true, as Trump asserts, our judicial system would, in effect, be destroyed.

For the full op-ed, visit PostEverything.

March 14, 2016

Latino Leaders Call on Senate to Commit to Hearing and Vote for Supreme Court Nominee

María Blanco, Executive Director of the UC Undocumented Legal Services Center that operates out of King Hall, joins this press call tomorrow. Hispanics for a Fair Judiciary and the National Hispanic Leadership Agenda are hosting the call to discuss Senate leaders' threats to obstruct confirmation process. Here is their press release:

WASHINGTON - On Tuesday, Hispanics for a Fair Judiciary (HFJ), a non-partisan network of elected officials, legal, civil rights, labor, academic and political leaders, in association with the National Hispanic Leadership Agenda (NHLA), a coalition of the nation's 40 preeminent Latino advocacy organizations, will host a media call to discuss the pending nomination of a Supreme Court Justice. 
Representatives from the academic, legal, and advocacy communities will address the current gridlock affecting the Senate confirmation process for judicial nominations and discuss the consequences to the state of justice if Senate leaders fail to give President Obama's Supreme Court nominee a fair hearing and vote. HFJ and NHLA will also outline the steps they plan to take to encourage the Senate to act. 
Please find press conference details provided below. Opportunities for one-on-one interviews are available.

WHAT: Latino Leaders Call on Senate to Commit to Hearing and Vote for Supreme Court Nominee

WHO:

  • Maria Blanco, Executive Director, Undocumented Legal Services Center, UC Davis School of Law
  • Juan Cartagena, President & General Counsel, LatinoJustice PRLDEF
  • Robert T. Maldonado, National President, Hispanic National Bar Association (HNBA)
  • Thomas A. Saenz, President and General Counsel, Mexican American Legal Defense and Educational Fund (MALDEF)
  • Hector E. Sanchez, Chair, National Hispanic Leadership Agenda (NHLA)

WHEN: Tuesday, March 15, 2016, 11:00 AM ET

CALL-IN INFORMATION: 877-876-9175

CONFERENCE ID: LEADERS

Please have the Conference ID readily available to speed up the check-in process.

October 2, 2015

LatCrit 2015 Twentieth Anniversary Conference: Critical Constitutionalism


Me with King Hall's Prof. Angela Harris and Prof. Rhonda Magee of the University of San Francisco

This year marks the twentieth anniversary of LatCrit (short for Latina and Latino Critical Legal Theory), part of the Critical Legal Studies tradition.  The theme for this year, "Critical Constitutionalism" provides an occasion for reflection and prospective planning.  I had the good fortune of moderating a powerful panel on "Mindfulness and Constitutionalism" with our very own Professor Angela Harris.  Joined by Professor Rhonda Magee of the University of San Francisco, Professors Harris and Magee opened the session with an example of mindfulness practice.  Professor Magee invited participants in the session to take a few minutes to take stock of our mental and physical states and to sit with our thoughts for a "quiet" minute.  She challenged us to consider what we teach and why to discover how mindfulness can ground us and reveal new ways of culturally evaluating constitutional democracy. The speakers urged us to incorporate mindfulness into teaching, scholarship, and the practice of law.

Professor Harris noted that mindfulness can give meaning to the Constitution, most notably, those famous three words of the preamble: "We the People."  She suggested that mindfulness unlocks possibilities for community-building and coalition formation based on recognition of our shared humanity.  She identified as problematic the "master stories" of how we become a nation, that is, those that call for "oneness" through the elimination (or masking) of differences.  Such narratives exclude those unwilling or unable to assimilate, hide, or reject those aspects of their identities that deviate from the master stories.  In turn, counter-narratives adopt "struggle" and "resistance," rather than connection, as central metaphors.  Yet understanding connection and respecting differences is possible through mindfulness.  The group then discussed the pedagogical possibilities for incorporating mindfulness into teaching.   Professors can create a shared experience of connection in the classroom where students can bring their whole selves to the analysis and application of the law.  It can be as simple as taking the first five minutes of class to sit in silence and encourage the students to identify the physical and mental state they bring to class.  Through modeling and intentional curricular design, we teach students that their diverse life experiences matter and can enhance not only their understanding of the law but expose and contest normative assumptions of "oneness" that underwrite substantive law.  

Not surprisingly, this session went over time as participants shared their reactions to the presentation as well as personal and pedagogical insights on mindfulness.  One participant noted the presence of law school courses on mindfulness signals its importance to students, the academy, and the profession.  Thanks to Professor Harris, King Hall has just such a course: "Mindfulness and Professional Identity: Becoming a Lawyer While Keeping Your Values Intact."  

I look forward to my panel tomorrow morning on "Courts and Politics" where I will discuss my current project "Sexual Citizenship, Disability, and the Dignity of Risk."

April 17, 2014

Dean Johnson Delivers Lecture on Immigration Act of 1965 at University of Cincinnati

Dean Kevin R. Johnson delivers a lecture today at the University of Cincinnati College of Law. Here is the web announcement:

UC College of Law to Host Discussion on Immigration Act of 1965 and Its Impact

The lecture by Dean Kevin Johnson of the University of California-Davis School of Law will highlight the Immigration Act of 1965 and its impact on Latina/Latino immigrants. The April 17 event is open to all.

The community is invited to join UC College of Law students, faculty and staff for "Beginning of the End: The Immigration Act of 1965 and the Emergence of the Modern U.S./Mexico Border State," a lecture by Dean Kevin Johnson, University of California-Davis School of Law.

The lecture will be held  at 12:15 p.m., Thursday, April 17, in Room 118 of the College of Law building. All are invited to attend. In the lecture, Johnson will reflect on the Immigration Act of 1965, the amendments to the act that followed and the impact of the act and amendments on Latina/o immigrants.

About the Speaker
Kevin R. Johnson is dean, Mabie-Apallas Professor of Public Interest Law, and professor of Chicana/o studies at the University of California-Davis, where he has been since 1989. Johnson is a preeminent and prolific scholar, teacher and advocate in the areas of immigration law, civil rights, Latino/as and the law, and critical race theory.

His scholarly works include such books as "The Huddled 'masses' Myth: Immigration and Civil Rights," "Opening the Floodgates: Why America Needs to Rethink Its Borders and Immigration Laws" and "Immigration Law and the U.S.-Mexico Border," which received the Latino Literacy Now's International Latino Book Award - Best Reference Book. Johnson has been regularly quoted in The New York Times, Los Angeles Times and other international news sources.

Johnson's teaching and advocacy have been recognized by various institutions throughout the country. He has been the recipient of the American Association of Law School's Clyde Ferguson Award (2004), the Hispanic National Bar Association's Law Professor of the Year Award (2006), the National Association of Chicana and Chicano Studies Scholar of the Year Award (2008) and was honored with the Central American Resource Center Romero Vive Award for his outstanding work and commitment to social justice and immigrants (2012). 

This event is sponsored by the Immigration and Nationality Law Review.

About the Immigration and Nationality Law Review at the College of Law
The Immigration and Nationality Law Review focuses on student advocacy in the area of immigration and nationality law. While primarily focused on immigration law, which seeks to define who may enter and reside in a country, INLR incorporates subject matter well beyond immigration. In particular, the INLR addresses issues of nationality which considers the formal relationship between a citizen of a nation and the nation itself. Since immigration and nationality work together to delineate citizenship and residency, they play an important part in the ongoing dialogue regarding national identity. Moreover, immigration and nationality frequently implicate issues of race, gender, class and national security.

May 5, 2012

Overlooking (even seemingly high profile) rural crimes

Americans are often said to have a love-hate relationship with rural America. On the one hand, many wax nostalgic about the good old days, simpler times, the bond of "rural community" that many of our grandparents once lived, even if most of "us" grew up in the city. Plus, most everyone enjoys a bit of time spent in "nature," and some even realize--the urban ag craze aside--that most of our food is grown "in the country." On the other hand, urbanites often hold rural people in disdain, mocking them for their attachment to place, their regressive politics and culture and, yes, even for their nostalgia.

One particular aspect of the "love" (more precisely, nostalgia) with which we may regard rural America is the tendency to think that bad things associated with cities--most notably crime--are largely absent in smaller towns, in nonmetropolitan areas. That's hardly accurate, as I've discussed here and here. I wonder, though, if these rural myths are the reason that even more shocking crimes in rural settings--crimes involving, for example, racial or ethnic animus--don't get national attention. For crimes like these, I would think that urban Americans might be anxious to publicize the crimes, to hold these acts up as justification for the "hate" (that is, disdain, contempt) part of the relationship.

I was reminded of all this last week when the New York Times ran a story headlined, "Black Man's Killing in Georgia Eludes Spotlight," dateline Lyons, Georgia, population 4,169. Kim Severson's story tells of a white man, Norman Neesmith, killing a black man, Justin Patterson, in Lyons last year "on a rural farm road, here in in onion country." Neesmith was arrested and charged with seven crimes, but he is expected to plead guilty to involuntary manslaughter and reckless conduct, for which he might be sentenced to just a year in "special detention," which means no jail time. Severson goes on to compare the rural Georgia case to that of Trayvon Martin, which has attracted national and international attention:

In both cases, an unarmed young black man died at the hands of someone of a different race.

And [Justin Patterson's parents] began to wonder why no one was marching for their son, why people like Rev. Al Sharpton had not booked a ticket to Toombs County. The local chapter of the N.A.A.C.P has not gotten involved, although Mr. Patterson's farther approached them.

* * *

Why some cases with perceived racial implications catch the national consciousness and others do not is as much about the combined power of social and traditional media as it is about happenstance, said Ta-Nehisi Coates, a senior editor at The Atlantic who writes about racial issues.

Several events coalesced to push the Martin case forward: an apparently incomplete police investigation, no immediate arrest and Florida's expansive self-defense law.

The New York Times' highlighting the overlooked Patterson case reminded me of another pair of cases last year that received grossly disparate media attention.

I learned quite by accident last summer of a federal conviction based on a 2010 hate crime in Carroll County, Arkansas. It was especially odd to learn of the conviction by coincidence (from a UC Davis colleague whose distant relative in Arkansas sat on the jury!) because this was the first ever conviction ever under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, a federal law passed in 2009. Here's what happened: After encountering each other at a gas station in Alpena, Arkansas (population 371) in the early morning hours in June 2010, three white men allegedly hurled racial epithets at five Latinos and then chased the Latinos in their car, while the white driver of the truck chasing them waved a tire wrench out his vehicle's window. The truck driven by the white men eventually ran the Latinos' car off the road, where it rolled over and burst into flames. All of the Latinos were injured, one very seriously, but all survived. Less than a year later, a jury in a federal courthouse in Harrison, Arkansas--(population 12,943, about 20 miles from the events, and with a reputation as a long-time bastion of KKK activity) took less than an hour (!) to convict the driver of the truck, 20-year-old Frankie Maybee, of "five counts of committing a federal hate crime and one count of conspiring to commit a federal hate crime." One of his companions, 19-year-old Sean Popejoy, had already pleaded guilty to a single hate crime and a conspiracy count; he turned state's witness. The third man was not charged, apparently because of a lack of evidence that he was part of the conspiracy. (In an effort to learn more about Carroll County matter last summer, I interviewed the Arkansas State Trooper who had helped investigate it, as well as the Arkansas Democrat-Gazette journalist who reported on it. They provided some back story, which I'll take up in a subsequent post.)

Several months after the convictions in this case, it had not yet been discussed anywhere except in local media. The Arkansas Democrat-Gazette ran about half a dozen stories, starting in April, 2011, when the men were indicted, running through the trial itself, and ending with Maybee's sentencing to 11 years in prison, in September, 2011. Television stations in nearby Springfield, Missouri covered only the sentencing, and Reuters, too, had finally found the story by then. In that way, the Arkansas case is similar to another Shepard/Byrd Act indictment that preceded the Arkansas conviction, this one in Farmington, New Mexico involving the torture of a developmentally disabled Native American by white men. That case resulted in a guilty plea and was mentioned, along with other Shepard/Byrd cases, in this NPR story a few days ago. (Other NPR coverage of the Shepard/Byrd law, which also mentions the New Mexico case post-guilty plea, is here and here).

Contrast that with the Shepard/Byrd charges against the three young white men who recently pleaded guilty in the death of James C. Anderson, a black man in Jackson, Mississippi. New York Times coverage of that crime is here, here, here and here. The Mississippi story is, of course, a huge one and deserves all the attention it got. But the Carroll County story seems like a pretty big one, too (did I mention that it was the first Shepard/Byrd conviction!?!), as does the case out of Farmington, New Mexico.

What explains the disparate and decidedly after-the-fact media attention to these cases? Perhaps coincidence. Perhaps differences in the Department of Justice's efforts to publicize the charges. Perhaps the fact that the Mississippi crime resulted in death whereas the Arkansas and New Mexico crimes did not. But as a ruralist, I can help wonder if the rural-ish settings of these crimes also obscured them from the national media?

Carroll County has a population of just 27,446, of which 12.7% are of Latino or Hispanic origin. I know the area quite well because I grew up in a contiguous county, and I wrote a lot about Carroll County's three-decade history of Latina/o migration in my 2009 article, Latina/os, Locality and Law in the Rural South. In 2003, MALDEF entered into a settlement with the Rogers, Arkansas Police Department, in neighboring Benton County, to prevent racial profiling.

Farmington, New Mexico has a population of just over 45,000, but surrounding San Juan county is technically metropolitan, with a population of just over 130,000. Indian reservations comprise more than 60% of San Juan County's land area, and 36.6% of its populace are Native American. Farmington has been the subject of major civil rights investigations over the course of four decades.

Like the relations between blacks and whites in Mississippi, then, both Carroll County, Arkansas and San Juan County, New Mexico have histories of racial and ethnic tensions. I would think the racial/ethnic contexts of these two incidents would make them interesting to a national audience--as would they way they illustrate widely held perceptions of the "best" and "worst" of rural America. The "worst" is that the hate crimes occurred--which confirms the image of rural folks as small-minded and bigoted. The "best"--at least in the Arkansas case--is that a local jury of the defendant's peers convicted the small-minded bigot--and they did so in no time flat.

Cross posted to Legal Ruralism and SALTLaw Blog.

October 4, 2011

Immigration Law and the U.S.–Mexico Border: ¿Sí se puede?

Here is a summary of my new book, Immigration Law and the U.S.–Mexico Border: ¿Sí se puede?

Americans from radically different political persuasions agree on the need to "fix" the "broken" US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Law and the US-Mexico Border, Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico.

In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against "illegal aliens"—persons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a "land-grab of epic proportions" when the United States "acquired" nearly two-thirds of Mexican territory between 1836 and 1853.

The authors explain US immigration law and policy in its many aspects—including the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.

For more information, visit this page at The University of Arizona Press.