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Who Exactly Is Living La Vida Loca: The Legal And Political Consequences Of Latino-Latina Ethnic And Racial Stereotypes In Film And Other Media, Ediberto Román Jun 2017

Who Exactly Is Living La Vida Loca: The Legal And Political Consequences Of Latino-Latina Ethnic And Racial Stereotypes In Film And Other Media, Ediberto Román

Ediberto Roman

This piece, however, will not simply expose the insidious stereotypes of Latinas and Latinos. It will undertake the more involved task of drawing a nexus between the societal prejudice which leads to the stereotyping and the legal and political consequences that result from it. Specifically, I argue that these media images, myths, metaphors, and stereotypes play a critical role in establishing society's vision of Latinas and Latinos. In other words, these stereotypes serve to reinforce both the characterizations of Latinas and Latinos from the perspectives of both the dominant and the dominated. These stereotypes, in turn, foster and perpetuate two …


Common Ground: Perspectives On Latino-Latina Diversity, Ediberto Román Jun 2017

Common Ground: Perspectives On Latino-Latina Diversity, Ediberto Román

Ediberto Roman

In academic circles, when one speaks of scholarship, one speaks of scholarly legal publications. While such writing is obviously important for reform as well as for professional self-preservation,, I would take the term scholarship a step further. As true students of the law, we have a status in society that gives us a forum, and as Latinos/as we have an obligation to use our status to affect our communities. I, therefore, strongly support becoming more active by getting our voices heard beyond traditional modes of legal discourse. There are scores of communication mediums, such as newspapers and non-legal journals whose …


A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román Jun 2017

A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Ediberto Roman

This work reviews an important shortcoming of the dominant public international paradigm and the recent methodical responses to that edifice. Specifically, this article argues that issues of race have not been significantly addressed in international law discourse. In particular, this Article notes that in the theoretical discourse some writers have discussed race, but the thrust of the discourse marginalizes the importance of race. In the practice of international law, people of color are affected but rarely recognized in policy debates. Additionally, this work attempts to explain how a discourse that positions race at the center of the discourse increases the …


Coalitions And Collective Memories: A Search For Common Ground, Ediberto Román Jun 2017

Coalitions And Collective Memories: A Search For Common Ground, Ediberto Román

Ediberto Roman

The following pages explore this contemporary debate, and ultimately sides in favor of inter-minority group coalitions, as they may be effective democratic vehicles towards social change. Part II examines the argument in favor of inter-minority group coalitions. Part III addresses the challenges to those positions, including the arguments posed by leading skeptics. Finally, Part IV rejects the cynicism associated with coalitions and proposes a concrete point of commonality that may help forge much needed common ground for many racial and ethnic outsider groups.


Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons Jun 2017

Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons

Ediberto Roman

As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …


The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román Jun 2017

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román

Ediberto Roman

This Article examines the United States' 100-year-old failed promise. In addition to detailing the unequal citizenship status of the people of Puerto Rico, this Article examines the role that racial and ethnic-based prejudice has played in this issue. 34 Essentially, this Article seeks to compare the traditional legal and political rhetoric of American inclusiveness and the virtues of U.S. citizenship to the reality of colonialism and the impact white supremacy has had on U.S. colonial history. By addressing the subordinated status of "aliencitizens," this Article illustrates the incompatibility of equality under colonialism. As Congress addresses the question of Puerto Rico's …


Love And Civil Rights, Ediberto Román Jun 2017

Love And Civil Rights, Ediberto Román

Ediberto Roman

Despite western legal scholars' almost universal rejection of the use of emotions in legal analysis, the unquestionable greatest social activist and grassroots legal reformer of our times, and perhaps one of the greatest in the annals of time, Rev. Dr. Martin Luther King, understood a basic yet profound fact concerning societal change - the transformative power of love. During the era where he achieved the greatest influence, Dr. King knew that societal-wide change could not occur without transforming the American psyche on the basic fairness of the civil rights struggle. This civil rights struggle, which is now so closely associated …


Introduction: Immigration And The Allure Of Inclusion, Ediberto Roman Jun 2017

Introduction: Immigration And The Allure Of Inclusion, Ediberto Roman

Ediberto Roman

No abstract provided.


Statutory Interpretation In Securities Jurisprudence: A Failure Of Textualism, Ediberto Román Jun 2017

Statutory Interpretation In Securities Jurisprudence: A Failure Of Textualism, Ediberto Román

Ediberto Roman

This article critiques the development of a textualist theory in securities jurisprudence and analyzes the Central Bank of Denver v. First Interstate Bank of Denver decision, an example of the defects inherent in the application of a textualist approach. In addition, this article demonstrates how the development of textualist securities jurisprudence stemmed from decisions that casually rejected precedent and mischaracterized existing law, thereby resulting in a distortion of the legislature’s intent. An analysis of the Exchange Act demonstrates how the Central Bank Court’s myopic approach towards statutory interpretation led to its failure to analyze other relevant Exchange Act provisions, including …


Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law Jun 2017

Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law

Ediberto Roman

No abstract provided.