Hispanics and the Law in Massachusetts
Syllabus
1.
Hispanics and the Law- September 4, 2008
An overview of the course topics, expectations and assignments. We discuss
ethnic identity and the role of law in the development of society. We consider the
meaning of the words “Hispanic,” “Latino/a “ and ethnicity, drawing perspective
from the popular electronic media (Google and Wikipedia) as well several
academic disciplines. We explore the role of common law, statute and regulation.
Required reading:
 Shorris, Earl, Latinos: A Biography of the People, xv-xvii, 14-61
 Wikipedia: “Hispanics in the United States
 Bender, Steven, Greasers and Gringos : Latinos, Law, and the American
Imagination, pp. 1-63, 193-234
 Garcia, Jorge J.E., Hispanic/Latino Identity: A Philosophical Perspective,
pp. 1-69, 193-199
 "Legally Hispanic," Vázquez, Richard L., Las Culturas.com
 Fox, Geoffrey, Hispanic Nation: Culture, Politics and the Constructing of
Identity, pp. 1-39, 243-246
 Alcoff, Linda Martin, “Is Latina/o Identity a Racial Identity?” in Garcia,
Jorge J. and De Greiff, Pablo, Hispanics/Latinos in the United States:
Ethnicity, Race and Rights, pp. 23-44
 U.S. Census Definitions- 2000 Census
 Claassen, Ryan L., “Political Opinion and Distinctiveness: The Case of
Hispanic Ethnicity,” Political Research Quarterly, Vol. 57, No. 4. (Dec.,
2004), pp. 609-620;
 Sankar, Pamela and Cho, Mildred K. "Toward a New Vocabulary of
Human Genetic Variation" Science, New Series, Vol. 298, No. 5597. (Nov.
15, 2002), pp. 1337-1338
 Weber, Max, “Bureaucracy and Law,” from Max Weber: Essays in
Sociology, Gerth, H.H. & Mills, C. Wright, pp. 216-221
 Mills, C. Wright, 'The Sociological Imagination.' pp. 132-142. ("The
Human Variety")
Before next class: Answer the question: What is Massachusetts? One
paragraph, 6 sentences maximum. (P-F).
2.
The Massachusetts Legal System- September 11, 2008
From where does “law” derive? How does government make law? How does the
Massachusetts court system administer the law? What is legal reasoning? What
are legal citations? What is Plain English?
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Required readings: The Massachusetts Judicial System,
http://www.mass.gov/courts/sjc/judicial-system.html
Navigating the Massachusetts Court System,
http://www.lawyerviews.com/lawsite/courts.html
Before next class: During Seminar 2, I will assign students a position on a
specific bill pending in the Massachusetts General Court affecting
Latino/as . Students are to prepare an oral presentation for a future class.
Before the next class they are to submit, 5 sentences, total, which:
Summarize the bill
State the assigned position
Give one argument in support of that position
Support the argument with one source
Conclude asking the legislature to support the position
This will be graded Pass-fail, with particular attention to the construction of each
sentence.
3.
The Massachusetts Latina/o Population - September 18, 2008
We will develop a working profile of the Latino populations of Massachusetts.
Who and where are they? How long have they been in the Commonwealth? From
where did they come? Are there Hispanic cities in Massachusetts?
Required reading: Borges, Ramon F., “The Latinization of Lawrence:
Migration, Settlement, and Incorporation of Latinos in a Small Town of
Massachusetts,” Montere Sieburth, Marta and Melendez. Edwin, Latinos in a
Changing Society. Praeger (2006). Vasquez, Daniel W., Most Frequently Asked
Questions about the Latino Population of Massachusetts, Gastón Institute
(2003); Donta, Alison, “The Hispanic Population of Massachusetts,”
Massachusetts State Data Center Newsletter, v. 3, no. 1 (2001), pp. 1-3; U.S.
Department of Commerce, “Characteristics of the Population: Massachusetts,”
1970 Census of Population; U.S. Department of Commerce, We the American . . .
Hispanics (1993); Grieco, Elizabeth M. & Cassidm, Rachel C., “Overview of Race
and Hispanic Origin, U.S. Census Bureau (2000); U.S. Census Bureau, State and
County Quick Facts: Massachusetts (2007).
Before next class: Relying on the course readings or their own research
students will: (1) in the form of a question, state an issue arising from the
immigration of undocumented Hispanics to Massachusetts (one sentence
maximum); (2) identify a perspective from which to study or analyze that issue;
(3) provide a tentative answer to the question (one sentence maximum) based on
that perspective; (4) write a single paragraph (5 sentences maximum) explaining
or discussing the tentative answer; (5) support the tentative answer with 1-2
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authorities (books, journal articles, etc., using course bibliographic format; ); (6)
state why and to what degree the authorities are reliable.
4.
Latino/as in Hiding – September 25, 2008
A complicating factor in the study of Hispanics and the law is the presence of a
large number of uncounted, undocumented individuals and families who live in
the shadow of the law, increasingly the subject of vitriolic politics of exclusion.
We will explore the nature of this sub-population, its relationship to the larger
Latino community and the effects of its existence on perception of Hispanics
among non-Hispanics.
Required reading
 Barry, Tom, "Planning the War on Immigrants," Americas Policy Program
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Commentary, December 13, 2000
Ballou, Brian R. & Sacchetti, Maria, “Immigration raids target violent
gang: Crimes spur sweep in three cities,” The Boston Globe, August 29,
2007
Davis, Robert C., et al, “Access to Justice for Immigrants who are
Victimized: The Perspective of Police and Prosecutors,” Criminal Justice
Policy Review, Vol. 12, No. 3 (September 2001), pp. 183-196
Downes, Lawrence, "What Part of 'Illegal' Don't You Understand," The
New York Times, October 28, 2007
Drake, John C., "U.S. agency is probing raid on factory: Homeland
Security investigating tactics of immigration officials," The Boston Globe,
January 19, 2008
Federation for American Immigration Reform (FAIR), “Massachusetts
Census Data and Projections” (2007)
Federation for American Immigration Reform (FAIR),"Immigration
Impact: Massachusetts" (2007)
Horwitz, Tony, "Immigration — and the Curse of the Black Legend," New
York Times, July 9, 2006
Lowell, B. Lindsay, et al, “Unintended Consequences of Immigration
Reform: Discrimination and Hispanic Employment,” Demography, Vol.
32, No. 4. (Nov., 1995), pp. 617-628
Mineo, Liz, “Driving while illegal: Immigrants worry about being arrested
and deported,” Waltham Daily News-Tribune, August 19, 2007
Pew Hispanic Center, "2007 National Survey of Latinos: As Illegal
Immigration Issue Heats Up, Hispanics Feel a Chill," December 13, 2007
Pew Hispanic Center, "Statistical Portrait of Hispanics in the United
States, 2006," January 2008
Preston, Julia, "Facing Deportation but Clinging to Life in U.S.," New York
Times, January 18, 2008
Preston, Julia, "Immigration at Record Levels, Analysis Finds," New York
Times, November 29, 2007
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Toness, Bianca Vazquez, "Counting on Immigration, Part 3 (Illegal
Immigrants)," WBUR, November 24, 2007 (Real Audio)
Before next class: Written assignment (P-F) on framing a statement of facts.
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5.
Language, Law and Justice – October 2, 2008
We address issues arising from linguistic minority, the critical role of competent
interpretation in the provision of justice and Hernandez v. New York, which
permits the exclusion of Spanish-speakers from juries
Required reading: Massachusetts Commission to Study Racial and Ethnic
Bias in the Courts, Equal Justice: Eliminating the Barriers (1994), pp. 33-54; de
Jongh, Elena M., “Foreign Language Interpreters in the Courtroom: The Case for
Linguistic and Cultural Proficiency,” The Modern Language Journal, Vol. 75, No.
3 (Autumn, 1991), pp. 285-295; Graziadei, Jason, “Court's Demand for SpanishSpeaking Interpreters Shows Steady Increase,” The Inquirer and Mirror
[Nantucket] (Sept. 25, 2007); Lim, Julian S., “Tongue-Tied in the Market: The
Relevance of Contract Law to Racial-Language Minorities,” California Law
Review, Vol. 91, No. 2. (Mar. 2003), pp. 579-620; Soltero, Carlos, Latinos and
American Law: Landmark Supreme Court Cases, pp. 1-6, 157-170, 213-215.
Perea, Juan, “Hernandez v. New York and Fear of Spanish,” 11 Hofstra L. Rev. 1.
Before next class: Written assignment: prepare a statement of facts in support
of a specific issue.
6.
Educating Latinos – October 9, 2008
Our focus is education reform laws, the rise and fall of bilingual education and
privatization. Marta Rosa, the first Latina elected to the Chelsea School
Committee will be our guest.
Required reading: Glen Jacobs, “Educational Grievance and Latino
Mobilization,” Latino Politics in Massachusetts: Struggles, Strategies and
Prospects, Hardy-Fanta, Carol, Ed.; Rivera, Ralph The Education of Latino
Students in Massachusetts: Issues, Research, and Policy Implications; San
Miguel, Guadalupe, Contested Policy: The Rise and Fall of Federal Bilingual
Education in the United States, 1960-2001; Pérez, Sonia M., “Shaping New
Possibilities for Latino Children and the Nation's Future,” The Future of
Children, Vol. 14, No. 2 (Summer, 2004), pp. 122-126; Baer, Justin D. & Hsu,
Yung-chen, Highlights from the 2003 Massachusetts Assessment of Adult
Literacy, American Institutes for Research (2004); Massachusetts Department of
Education, Spring 2007 MCAS Tests: Summary of State Results (September
2007).
Before next class: Prepare an argument using a statement of facts.
7.
Latino/a Youth and the Law – October 16, 2008
We examine juvenile justice in Massachusetts and its effects on Hispanic
communities.
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Required reading: Commonwealth of Massachusetts, Executive Office of
Public Safety, Massachusetts Juvenile Justice Data and Information (December
2004); Citizens for Juvenile Justice, Girls In The Massachusetts Juvenile Justice
System: Fact Sheet (June 2005); Citizens for Juvenile Justice, “Disproportionate
Minority Confinement Issue,” On-line Update (July 2002); Citizens for Juvenile
Justice, Detention Fact Sheet (Nov. 2006); Justice Policy Institute, Disparity by
Design: How Drug-free Zone Laws Impact Racial Disparity – and Fail to
Protect Youth (2006), pp. 16-21; Thomas, W. John, et al, “Race, Juvenile Justice,
and Mental Health: New Dimensions in Measuring Pervasive Bias,” Journal of
Criminal Law and Criminology, Vol. 89, No. 2. (Winter, 1999), pp. 615-670;
Massachusetts Juvenile Justice Advisory Committee, Annual Report to the
Governor 2006, pp. 17-19; Rutherford, Jane, “Accountability for the Effect of
Child Abuse on Juvenile Delinquency in the Brave New World of Behavioral
Genetics,” DePaul Law Rev., Vol. 56, pp. 94 et seq. (Spring 2007).
Before next class: Propose an issue for the course brief.
8.
Crime, Punishment and Latinidad – October 23, 2008
Discussions will focus on the interaction between the Hispanic population and
the criminal justice system in Massachusetts, considering crime in the
neighborhoods, enforcement, , sentencing and imprisonment We will consider
perceptions, prejudices and the case of Benjamin LaGuer.
Required reading: Steffensmeier, Darrell & Demuth, Stephen, “Ethnicity and
Sentencing Outcomes in U.S. Federal Courts: Who is Punished More Harshly?”
American Sociological Review, Vol. 65, No. 5. (Oct. 2000), pp. 705-729; Spohn,
Cassia & Holleran, David, “The Imprisonment Penalty Paid By Young,
Unemployed Black And Hispanic Male Offenders,” Criminology,Vol. 38 Issue 1,
pp. 281-306 (Feb. 2000); Bureau of Justice Statistics, “HIV and AIDS in Prisons
and Jails, 1996”; The Sentencing Project, Hispanic Prisoners in the United States
(2004); Urbina, Martin Guevara, “Latinos/as in the Criminal and Juvenile
Justice Systems,” Critical Criminology, Vol. 15, No. 1 (March 2007), pp. 41-99;
Jacobs, David & Carmichael, Jason T., “The Politics of Punishment across Time
and Space: A Pooled Time-Series Analysis of Imprisonment Rates,” Social
Forces, Vol. 80, No. 1. (Sept. 2001), pp. 61-89; Hartwell, Stephanie, Ph.D., “An
Examination of Racial Differences Among Mentally Ill Offenders Massachusetts,”
Psychiatric Services No. 52, pp. 234-236 (Feb. 2001); Wagner, Peter, “Jim Crow
in Massachusetts? Prisoner disenfranchisement,” Prison Policy Initiative (Oct.
31, 2004).
Before next class: Exercise in integrating statement of issue, statement of facts
and argument.
9.
Civil Rights - October 30, 2008
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With illustrative cases, we will focus on the federal and state civil rights laws as
applied to protection of Hispanics from police misconduct.
Required reading: Adya, Meera, et al, “Cultural Differences in Perceptions of
the Government and the Legal System: Hurricane Katrina Highlights What Has
Been There All Along,” 8 J. L. & Soc. Challenges 27 (Fall 2006); 42 U.S. C. § 1983;
Mass. Gen. Laws ch. 12, § 11I; case materials from Suarez v. City of Taunton and
Mittell v. City of Somerville.
Before next class: Submit outline of the course brief.
10.
Employment and Discrimination – November 6, 2008
With case studies, we examine employment and discrimination against Hispanics
and the laws protecting them against discrimination. Final student presentations.
Required reading: Overview of Employment Discrimination from WEX,
Cornell University Law School,
http://www.law.cornell.edu/wex/index.php/Employment_discrimination
Mass. Gen. Laws ch. 151B, §§ 1, 4-5, 9; Massachusetts Commission Against
Discrimination Employment Discrimination Guidelines,
http://www.mass.gov/mcad/regs804cmr0300.html
Case materials from Andujar vs. Nortel Networks Corp.
Before next class: Work on course brief
11.
Latino/a Lawyers – November 13, 2008
We discuss the effects of the under-representation of Hispanics in the
Massachusetts bar. We will review the history of the Massachusetts Association of
Hispanic Attorneys, the different areas in which Hispanic attorneys practice, the
experience of Latino law students, Hispanic identity in the profession and the
role of lawyers in addressing the course issues.
Required reading: Massachusetts Commission to Study Racial and Ethnic
Bias in the Courts, Equal Justice: Eliminating the Barriers (1994), pp. 115-139;
American Bar Association Commission on Racial and Ethnic Diversity in the
Profession, Miles to Go: Progress of Minorities in the Legal Profession (2005);
Clydesdale, Timothy T., “A Forked River Runs Through Law School: Toward
Understanding Race, Gender, Age and Related Gaps in Law School Performance
and Bar Passage,” Law & Social Inquiry, Vol. 29, No. 4 (Fall 2004), pp. 711-769;
Dávila, Linda E., “The Underrepresentation of Hispanic Attorneys in Corporate
Law Firms,” Stanford Law Review, Vol. 39, No. 6. (Jul., 1987), pp. 1403-1452;
Chambliss, Elizabeth & Uggen, Christopher, “Men and Women of Elite Law
Firms: Reevaluating Kanter's Legacy,” Law & Social Inquiry, Vol. 25, No. 1.
(Winter, 2000), pp. 41-68; Glen, Kristin Booth, “When and Where We Enter:
Rethinking Admission to the Legal Profession,” Columbia Law Review, Vol. 102,
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No. 6. (Oct., 2002), pp. 1696-1740; Rabinovitz, Barbara, “Los Abogados de
Massachusetts: Emergence Of Hispanic Bar Reflects Growth Of State's Largest
Minority,” Mass. Lawyers Weekly (Aug. 16, 1993); Connor, Amy Johnson,
“Diversity and the Bar: How Far Has Massachusetts Really Come?” Mass.
Lawyers Weekly (May 30, 2005); Rabinovitz, Barbara, “In the Minority:
Bar Groups Big and Small Are Helping Lawyers of Color
Crack the ‘Old-Boy' Network,” Mass. Lawyers Weekly (May 8, 2006).
Before next class: Work on course brief
12.
The judges – November 20, 2008
We study the effects of presence or lack of presence of Latinos on the bench, the
judicial selection process and the case of the Chelea Campaign, in which an
unusual combination of professional and community groups sought the
appointment of a Hispanic judge to the Chelsea District Court. We will also
discuss the particular pressures on Hispanic judges and the forced resignation of
Massachusetts’s first Latina judge.
Required reading: Massachusetts Commission to Study Racial and Ethnic
Bias in the Courts, Equal Justice: Eliminating the Barriers (1994), pp. 101-114;
Hardy-Fanta, Carol, Who’s in Charge? Appointments of Latinos to Policymaking
Offices and Boards in Massachusetts (Gaston Institute); Hernandez, Robert L.,
“Hispanics Hitless Batting for Bench,” Mass. Lawyers Weekly (August, 1993,
Hernandez, Robert L., “Nomination Process Fundamentally Flawed,” Mass.
Lawyers Weekly (Jan. 13, 1997); “Full Court Press,” Mass. Lawyers Weekly
(June 22, 1998); case materials from Chelsea Campaign for a Latino/a Judge.
Brief due before next class.
13.
Summation: Diversity, Assimilation, Racialization and Ethnic
Identity –December 4, 2008
We review the experience of Latina/os with the law in Massachusetts, the
prospects for the future and the role of intellectuals in the resolution of the issues
we have identified.
Required reading: Fox, Geoffrey, Hispanic Nation: Culture, Politics and the
Constructing of Identity, pp. 223-246, 255-256; Hollinger, David A., Postethnic
America: Beyond Multiculturalism, pp. 105-130.
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