In 1983 Harvard law professor Duncan Kennedy self-published a biting critique of the law school system called Legal Education and the Reproduction of Hierarchy. This controversial booklet was reviewed in several major law journals--unprecedented for a self-published work--and influenced a generation of law students and teachers.

In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a...

Since the late nineteenth century, federal and state rules governing immigration and naturalization have placed persons of Asian ancestry outside the boundaries of formal membership. A review of leading cases in American constitutional law regarding Asians would suggest that initially, Asian immigrants tended to evade exclusionary laws through deliberate misrepresentations of their identities or through extralegal means. Eventually, many of these immigrants and their descendants came to accept prevailing legal norms governing their citizenship in the United States. In many cases, this...

Winner of the 2006 Thomas J. Lyon Book Award in Western American Literary Studies, presented by the Western Literature Association

In The Emergence of Mexican America, John-Michael Rivera examines the cultural, political, and legal representations of Mexican Americans and the development of US capitalism and nationhood. Beginning with the Mexican-American War of 1846-1848 and continuing through the period of mass repatriation of US Mexican laborers in 1939, Rivera examines both Mexican-American and Anglo-American cultural production in order to tease out the complexities of...

Winner of the 2006 Thomas J. Lyon Book Award in Western American Literary Studies, presented by the Western Literature Association

In The Emergence of Mexican America, John-Michael Rivera examines the cultural, political, and legal representations of Mexican Americans and the development of US capitalism and nationhood. Beginning with the Mexican-American War of 1846-1848 and continuing through the period of mass repatriation of US Mexican laborers in 1939, Rivera examines both Mexican-American and Anglo-American cultural production in order to tease out the...

Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a -legitimate- proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and...

Much as we -select- computer settings by default--reflexively, without thinking, and sometimes without realizing there are other options--we often discriminate by default as well. And just as default computer settings tend to become locked in or entrenched as the standard, discrimination by default creates a situation in which disparate outcomes are expected, accepted, and taken for granted. The killing of Amadou Diallo, racial disparities in medical care, the dominance of Whites and men in certain professions, and even the uneven media attention paid to crimes depending on their victims'...

Although the origin of the term -greaser- is debated, its derogatory meaning never has been. From silent movies like The Greaser's Revenge (1914) and The Girl and the Greaser (1913) with villainous title characters, to John Steinbeck's portrayals of Latinos as lazy, drunken, and shiftless in his 1935 novel Tortilla Flat, to the image of violent, criminal, drug-using gang members of East LA, negative stereotypes of Latinos/as have been plentiful in American popular culture far before Latinos/as became the most populous minority group in the U.S.

In...

Women are completing MBA and Law degrees in record high numbers, but their struggle to attain director positions in corporate America continues. Although explanations for this disconnect abound, neither career counselors nor scholars have paid enough attention to the role that corporate governance plays in maintaining the gender gap in America's executive quarters.

Mining corporate governance models applied at Fortune 500 companies, hundreds of Title VII discrimination cases, and proxy statements, Douglas M. Branson suggests that women have been ill-advised by experts, who tend to...