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Full-Text Articles in Law and Race
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Faculty Scholarship
This paper uses Critical Race Theory and LatCrit terminology, analytical approaches, and discursive conventions, including autobiographical narratives. From their inception, names are embedded with meaning and coded with identity, and over time, they become layered with nuance and memory. We divide this article into three sections, Part I is a brief overview of recent commentaries in newspapers and public radio related to names, particularly as they pertain to identity and specifically to Latinas/os. Part II is a description of how Professor Irene Vasquez has used Name Narratives in the undergraduate classroom to help students deepen their understanding of their cultural …
The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya
The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya
Faculty Scholarship
Jointly authored with Cheryl Nelson Butler, Sherrilyn Ifill, Suzette Malveaux, Natsu Taylor Saito, Nareissa L. Smith and Tanya Washington. Professor Derrick A. Bell, Jr. had a long and proud history of disturbing authority. He is widely noted as one of the founders of Critical Race Theory. His scholarship on race was not only a direct challenge to the traditionally conservative legal academy, but also to the more liberal bastions within the academy, such as the Critical Legal Studies movement. His writings about the role of race in American law have made him one of the most prominent legal scholars of …
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit methodologies, vocabulary, categories, and pedagogical approaches. In this Section, titled 'On Mascaras,' I am grappling with race (and gender secondarily) in public space -- un/masking my professional persona. In using the word 'wrestle' in the subheading I am referring to this struggle over a re-allocation of the social power that inheres in racial hierarchies, namely, the back-and-forth exchanges involved in changing the racial ambiance by exposing and transforming the presumptions, especially regarding notions of inferiority, that cabin our thinking and restrain our relationships. My original paper was something of an outburst, challenging …
Las Voces De America: Reflecting On Mari Matsuda's Voice, Stories, And Analysis, Margaret E. Montoya
Las Voces De America: Reflecting On Mari Matsuda's Voice, Stories, And Analysis, Margaret E. Montoya
Faculty Scholarship
Professor Matsuda's exhortation to listen to people of color was certainly heard and seized by people of color. It spoke to me personally and inspired me as I was writing my first article, Mascaras, Trenzas y Grerias. Once the multiracial group of scholars that took the name "LatCrit" organized ourselves, we deliberately and intentionally centered our annual conferences around listening to the voices at the bottom, including the local activists in the cities in which we met. We listened to such voices as both method and substance.
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as revising the history of the civil rights struggle, especially as it applies to the Chicano-Latino communities. This paper represents a student-faculty collaboration in that the students organized the conference at which some of this analysis was first proposed. This was the conference at which now Justice Sonia Sotomayor made her now iconic comments about being a "wise Latina." People can't get to be judges without first going to law school, and Latinas/as can't get to law school, at least in significant numbers, without affirmative …
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Faculty Scholarship
The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …
Mascaras, Trenzas, Y Grenas: Un/Masking The Self While Un/Braiding Latina Stories With Legal Discourse, Margaret E. Montoya
Mascaras, Trenzas, Y Grenas: Un/Masking The Self While Un/Braiding Latina Stories With Legal Discourse, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as critical pedagogy. Using personal narrative, this Article examines the various masks ("mascaras") used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling is a discursive technique for resisting cultural and linguistic domination through personal and collective redefinition. The Article explores how transculturation creates new options for expression, personal identity, …