Pete Hernández, Petitioner, V. the State of Texas
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 18 |
Release | : 1954 |
Genre | : Jury |
ISBN | : |
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Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 18 |
Release | : 1954 |
Genre | : Jury |
ISBN | : |
Author | : Michael A. Olivas |
Publisher | : Arte Publico Press |
Total Pages | : 399 |
Release | : 2020-04-28 |
Genre | : Law |
ISBN | : 1558854762 |
This collection of ten essays commemorates the 50th anniversary of an important but almost forgotten U.S. Supreme court case, Hernandez v. Texas, 347 US 475 (1954), the major case involving Mexican Americans and jury selection, published just before Brown v. Board of Education in the 1954 Supreme Court reporter. This landmark case, the first to be tried by Mexican American lawyers before the U.S. Supreme Court, held that Mexican Americans were a discrete group for purposes of applying Equal Protection. Although the case was about discriminatory state jury selection and trial practices, it has been cited for many other civil rights precedents in the intervening 50 years. Even so, it has not been given the prominence it deserves, in part because it lives in the shadow of the more compelling Brown v. Board case. There had been earlier efforts to diversify juries, reaching back at least to the trial of Gregorio Cortez in 1901 and continuing with efforts by the legendary Oscar Zeta Acosta in Los Angeles in the 1960s. Even as recently as 2005 there has been clear evidence that Latino participation in the Texas jury system is still substantially unrepresentative of the growing population. But in a brief and shining moment in 1954, Mexican-American lawyers prevailed in a system that accorded their community no legal status and no respect. Through sheer tenacity, brilliance, and some luck, they showed that it is possible to tilt against windmills and slay the dragon. Edited and with an introduction by University of Houston law scholar Michael A. Olivas, Colored Men and Hombres Aqui is the first full-length book on this case. This volume contains the papers presented at the Hernandez at 50conference which took place in 2004 at the University of Houston Law Center and also contains source materials, trial briefs, and a chronology of the case.
Author | : |
Publisher | : |
Total Pages | : 726 |
Release | : 1971 |
Genre | : Educational equalization |
ISBN | : |
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 530 |
Release | : 1953 |
Genre | : |
ISBN | : |
Author | : United States. Congress. Senate. Select Committee on Equal Educational Opportunity |
Publisher | : |
Total Pages | : 1642 |
Release | : 1971 |
Genre | : Discrimination in education |
ISBN | : |
Author | : Ignacio M. García |
Publisher | : University of Arizona Press |
Total Pages | : 256 |
Release | : 2022-04-19 |
Genre | : History |
ISBN | : 081654820X |
Check out "A Class Apart" - the new PBS American Experience documentary that explores this historic case! In 1952 in Edna, Texas, Pete Hernández, a twenty-one-year-old cotton picker, got into a fight with several men and was dragged from a tavern, robbed, and beaten. Upon reaching his home he collected his .22-caliber rifle, walked two miles back to the tavern, and shot one of the assailants. With forty eyewitnesses and a confession, the case appeared to be open and shut. Yet Hernández v. Texas turned into one of the nation’s most groundbreaking Supreme Court cases. Ignacio García’s White But Not Equal explores this historic but mostly forgotten case, which became the first to recognize discrimination against Mexican Americans. Led by three dedicated Mexican American lawyers, the case argued for recognition of Mexican Americans under the 14th Amendment as a “class apart.” Despite a distinct history and culture, Mexican Americans were considered white by law during this period, yet in reality they were subjected to prejudice and discrimination. This was reflected in Hernández’s trial, in which none of the selected jurors were Mexican American. The concept of Latino identity began to shift as the demand for inclusion in the political and judicial system began. García places the Hernández v. Texas case within a historical perspective and examines the changing Anglo-Mexican relationship. More than just a legal discussion, this book looks at the whole case from start to finish and examines all the major participants, placing the story within the larger issue of the fight for Mexican American civil rights.
Author | : Hiroshi Fukurai |
Publisher | : Springer Science & Business Media |
Total Pages | : 270 |
Release | : 2013-06-29 |
Genre | : Psychology |
ISBN | : 1489911278 |
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
Author | : Reynaldo Anaya Valencia |
Publisher | : University of Arizona Press |
Total Pages | : 223 |
Release | : 2022-11-01 |
Genre | : Social Science |
ISBN | : 0816551197 |
The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system—but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status. Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law: - Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973) - Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001) - Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974) - Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997) - Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996) - Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997) - Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964) With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.
Author | : Henry A. J. Ramos |
Publisher | : Arte Publico Press |
Total Pages | : 212 |
Release | : 1998-06-30 |
Genre | : History |
ISBN | : 9781611920611 |
A history of the American GI Forum, a civil rights group formed by Hispanic servicemen and women in response to the intolerable conditions they found in their communities upon their return from World War II; covering the years between 1948 and 1983.
Author | : Carlos R. Soltero |
Publisher | : University of Texas Press |
Total Pages | : 252 |
Release | : 2009-06-03 |
Genre | : Law |
ISBN | : 9780292777866 |
To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001. Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.