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Full-Text Articles in Law
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Faculty Journal Articles and Book Chapters
Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …
Delgado, Hegel And The Rodrigo Chronicles, George A. Martinez
Delgado, Hegel And The Rodrigo Chronicles, George A. Martinez
Faculty Journal Articles and Book Chapters
Richard Delgado has made path-breaking contributions to the literature on race and American law. His Rodrigo Chronicles are already classics of the Critical Race Theory genre. It is, therefore, wholly appropriate that the Harvard Latino Law Review dedicated a symposium issue to an examination of the Rodrigo Chronicles and Delgado's other work. In this symposium essay, the author attempts to illuminate Delgado's project in the Chronicles through an examination of various aspects of Hegel's philosophy. Hegel's philosophy allows us to better understand Delgado's work in the Chronicles and elsewhere.
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
Faculty Journal Articles and Book Chapters
Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Faculty Journal Articles and Book Chapters
This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …