Rodrigo's corrido: Race, postcolonial theory, and U.S. civil rights

Vanderbilt Law Review

Volumn 60, Issue 6, 2007, Pages 1691-1745

  Delgado, Richard ^a,b  

^a Department of Law ^*

^b UNIVERSITY OF PITTSBURGH   (United States)

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[No Author keywords available]

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EID: 39449108854     PISSN: 00422533     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (416)

1. See Richard Delgado, Rodrigo's Chronicle, 101 YALE L.J. 1357, 1357-59 (1992) (introducing Rodrigo). The son of an African-American serviceman and Italian mother, Rodrigo was born in the United States but raised in Italy when his father was assigned to a U.S. outpost there. Rodrigo graduated from high school at the base school, then attended an Italian university and law school on government scholarships, graduating second in his class. When the reader meets him, he has returned to the United States to investigate graduate law (LL.M.) programs. At the suggestion of his half sister, famed U.S. civil rights lawyer Geneva Crenshaw,
2. see generally DERRICK A. BELL, AND WE ARE NOT SAVED 7, 18-25 (1987) (recounting Geneva Crenshaw's personal and professional history), he seeks out "the professor" for career advice. Despite their age difference, the two become good friends, discussing affirmative action and the decline of the West (Delgado, Rodrigo's Chronicle, supra at 1361-64, 1367-68);
3. law and economics (Richard Delgado, Rodrigo's Second Chronicle: The Economics and Politics of Race, 91 MICH. L. REV. 1183, 1187-98 (1993));
4. love (Richard Delgado, Rodrigo's Third Chronicle: Care, Competition, and the Redemptive Tragedy of Race, 81 CAL. L. REV. 387, 397-98 (1993));
5. legal rules (Richard Delgado, Rodrigo's Fourth Chronicle: Neutrality and Stasis in Antidiscrimination Law, 45 STAN. L. REV. 1133, 1152-55 (1993));
6. the critique of normativity (Richard Delgado, Rodrigo's Fifth Chronicle: Civitas, Civil Wrongs, and the Politics of Denial, 45 STAN. L. REV. 1581, 1595-99 (1993));
7. relations between men and women (Richard Delgado, Rodrigo's Sixth Chronicle-Intersections, Essences, and the Dilemma of Social Reform, 68 N. YU. L. REV. 639, 639-42 (1993));
8. Enlightenment political theory (Richard Delgado, Rodrigo's Seventh Chronicle: Race, Democracy, and the State, 41 UCLA L. REV. 721, 729-36 (1994));
9. black crime (Richard Delgado, Rodrigo's Eighth Chronicle: Black Crime, White Fears-On the Social Construction of Threat, 80 VA. L. REV. 503, 506-41 (1994));
10. narrative jurisprudence (Richard Delgado, Rodrigo's Final Chronicle-Cultural Power, the Law Reviews, and the Attack on Narrative Jurisprudence, 68 S. CAL. L. REV. 545, 548-57 (1995),
11. reprinted in RICHARD DELGADO, THE RODRIGO CHRONICLES 190-211 (1995) (Rodrigo's final chronicle in the first cycle));
12. the rule of law (Richard Delgado, Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, and the Rule of Law, 143 U. PA. L. REV. 379, 389-95 (1994));
13. affirmative action (Richard Delgado, Rodrigo's Tenth Chronicle: Merit and Affirmative Action, 83 GEO. L.J. 1711, 1713-45 (1995));
14. clinical theory (Richard Delgado, Rodrigo's Eleventh Chronicle: Empathy and False Empathy, 84 CAL. L. REV. 61, 70-80 (1996));
15. legal formalism (Richard Delgado, Rodrigo's Twelfth Chronicle: Legal Formalism, 95 MICH. L. REV. 1105, 1109-20 (1997));
16. the problem of desperately poor border settlements (Richard Delgado, Rodrigo's Thirteenth Chronicle: The Problem of the Shanty, 85 GEO. L.J. 667, 669-89 (1997));
17. interracial indifference (Richard Delgado, Rodrigo's Remonstrance: Love and Despair in an Age of Indifference-Should Humans Have Standing?, 88 GEO. L.J. 263, 275-97 (2000)
18. [hereinafter Delgado, Remonstrance]);
19. Latino civil rights (Richard Delgado, Rodrigo and Revisionism: Relearning the Lessons of History, 99 NW. U. L. REV. 805, 813-36 (2005)
20. [hereinafter Delgado, Revisionism];
21. Richard Delgado, Rodrigo's Fifteenth Chronicle: Racial Mixture, Latino-Critical Scholarship, and the Black-White Binary, 75 TEX. L. REV. 1181, 1183-99 (1997)
22. [hereinafter Delgado, Fifteenth Chronicle]); and many other topics over the next few years. During this period, the brash, talented Rodrigo earns his LL.M. degree and embarks on his first teaching position. The professor meets Rodrigo's friend and soul mate, Giannina, and her mother, Teresa; he also learns that Rodrigo's father's family immigrated to America via the Caribbean. His father Lorenzo looks black and identifies as such, but speaks perfect Spanish.
23. As mentioned, Rodrigo looks black, but his father, a U.S. serviceman, immigrated to the United States from the Caribbean and spoke Spanish, as well as English. Rodrigo identifies with the Latino side of his family, as well as the black. See, e.g., Delgado, Fifteenth Chronicle, supra note 1, at 1182 n.l (describing Rodrigo in further detail);
24. Delgado, Revisionism, supra note 1, at 806 n.2 (introducing Rodrigo).
25. See Richard Delgado, Rodrigo's Roundelay: Hernandez v. Texas and the InterestConvergence Dilemma, 41 HARV. C.R.-C.L. L. REV. 23, 25 (2006)
26. [hereinafter Delgado, Rodrigo's Roundelay] (exploring Latino civil rights).
27. See Derrick Bell, Brown v. Board of Education and the Interest-Convergence Dilemma, 93 HARV. L. REV. 518, 524-25 (1980) (describing "interest convergence"-the notion that white elites arrange breakthroughs for African Americans only when they also advance the interests of the white elites).
28. See DERRICK BELL, RACE, RACISM, AND AMERICAN LAW (5th ed. 2004) (applying interest convergence and other critical race theory themes to the full sweep of African American legal history).
29. See Delgado, Remonstrance, supra note 1, at 267-68, 275 (introducing Theresa, Rodrigo's widowed mother-in-law, with whom the professor is immediately smitten).
30. Florangela Davila, Immigration Dispute Spawns Factions, Anger in Sierra Club, SEATTLE TIMES, Feb. 18, 2004, at A1.
31. "The professor" is African American, a prominent scholar teaching at a major law school and in the twilight of his career. Most of his scholarship has focused on blacks, although from time to time he has resolved to broaden his knowledge to include other groups.
32. Florencia E. Mallon, The Promise and Dilemma of Subaltern Studies: Perspectives from Latin American History, 99 AM. HIST. REV. 1491, 1491-92 (1994) (describing new theoretical constructs among Latin American scholars);
33. Latin American Subaltern Study Group, Founding Statement, 20 BOUNDARY 2, Autumn 1993, at 110, 110 (describing the Subaltern Studies Group of South Asian scholars as inspiration for Latin American scholars).
34. See infra notes 36, 47-96 and accompanying text (discussing the role of language, collaboration and resistance).
35. See, e.g., Richard Byrne, A Collision of Prose and Politics, CHRON. HIGHER EDUC, Oct. 13, 2006, at A12 (citing a colonial officer's description of colonial agents or "middlemen"); see infra Part LB (discussing how postcolonial thought explains the problems of domestic minorities).
36. See infra Part I.B.4 (discussing the role of culture).
37. See infra Part II (introducing Rodrigo's explanation of race as taboo).
38. See Richard Delgado, Crossroads and Blind Alleys: A Critical Examination of Recent Writings About Race, 82 TEX. L. REV. 121, 151 (2003)
39. [hereinafter Delgado, Crossroads and Blind Alleys] (calling for such a synthesis).
40. RODOLFO ACUÑA, OCCUPIED AMERICA: A HISTORY OF CHICANOS (4th ed. 2005) [hereinafter ACUÑA, OCCUPIED AMERICA]. See generally California State University Northridge, News Release, Rodolfo Acuña's New Book Focuses on Issues Facing Today's Latinos (July 9, 2003), http://www.csun.edu/~hfoao102/press_releases/summer03/acuna.html [hereinafter Acuña, News Release].
41. See generally Acuña, News Release, supra note 15.
42. E.g., Chantal Thomas, Critical Race Theory and Postcolonial Development Theory: Observations on Methodology, 45 VILL. L. REV. 1195, 1212-19 (2000) (critiquing postcolonial theory and Critical Race Theory); see infra notes 28-30 and accompanying text (discussing the work of Native American scholar and critical race theorist Robert Williams);
43. see also David Ludden, Introduction: A Brief History of Subalternity, in READING SUBALTERN STUDIES: CRITICAL HISTORY, CONTESTED MEANING AND THE GLOBALIZATION OF SOUTH ASIA 1, 5-9 (David Ludden ed., 2002) (describing history of "subaltern studies," a subset of postcolonial scholarship);
44. id. at 21-25 (describing the movement's recent spread to include Latin American and African writers). On postcolonial thought generally, see THE POSTCOLONIAL STUDIES READER 4 (Bill Ashcroft et al. eds., 1995) (collecting literary works from post-colonial societies).
45. See ACUÑA, OCCUPIED AMERICA, supra note 15, at xi-xv, (explaining changes throughout the editions, including a revision of the author's perspective on colonialism).
46. Compare Gilbert G. Gonzalez, A Critique of the Internal Colony Model, 1 LATIN AM. PERSP., Spring 1974, at 154, 160 (finding that Latinos are not an internal colony),
47. with Mario Barrera et al., The Barrio As an Internal Colony, in 6 URB. AFF. ANN. REV. 465, 465-98 (Harlan Hahn ed., 1972) (describing Latinos as an internal colony).
48. See, e.g., Barrera et al., supra note 18 (describing Latinos as an internal colony); Gonzalez, supra note 18 (positing that Latinos are not an internal colony).
49. For examples of others, see JOSÉ LUIS MORIN, LATINO/A RIGHTS AND JUSTICE IN THE UNITED STATES 18-159 (2004), which examines the history of discrimination against Latino/a populations and suggests solutions to reduce inequality;
50. supra note 17 and infra notes 190-92 and accompanying text. For important forerunners, see ROBERT ALLEN, BLACK AWAKENING IN CAPITALIST AMERICA 11-12 (1969), which uses colonialism as a framework for understanding race relationships in America;
51. ROBERT BLAUNER, RACIAL OPPRESSION IN AMERICA 2 (1972), which criticizes existing sociological theories on race relations.
52. E.g., Martin Luther King, Jr., Letter from a Birmingham Jail (Apr. 16, 1963), in I HAVE A DREAM: WRITINGS AND SPEECHES THAT CHANGED THE WORLD 83-100 (James M. Washington ed., 1992) (using Christian principles to encourage nonviolent resistance).
53. See, e.g., Richard Delgado, Explaining the Rise and Fall of African American Fortunes-Interest Convergence and Civil Rights Gains, 37 HARV. C.R.-C.L. L. REV. 369, 381 (2002)
54. [hereinafter Delgado, Rise and Fall] (describing the Black Panther Party's interest in these scholars);
55. ALLEN, supra note 20, at 5-7, 50-55 (quoting Carmichael, O'Dell, and Fanon); see also infra notes 24, 34, 97 and accompanying text (discussing other figures).
56. ELDRIDGE CLEAVER, SOUL ON ICE 129-31 (1968).
57. ALEX HALEY & MALCOLM X, THE AUTOBIOGRAPHY OF MALCOLM X 18 (Harold Bloom ed., 1996); see ALLEN, supra note 20, at 5, 31-33 (commenting on Malcolm X's establishment of this link); id. at 50-55 (discussing views of Stokely Carmichael and other black intellectuals on colonial status of American blacks); id. at 9-11, 46-48 (arguing persuasively for this view).
58. HENRY THOREAU, ON THE DUTY OF CIVIL DISOBEDIENCE (Collier Books 1962) (1849).
59. Compare JUAN PEREA ET AL., RACE AND RACES: CASES AND RESOURCES FOR A MULTIRACIAL AMERICA 254 (2000) (taking over one million square miles from Mexico during the 1846 war) with Dr. Joann Fletcher, Alexander the Great (356-323 B.C.), BBC-HISTORY, http://www.bbc.co.uk/history/ historic_figures/alexander_the_great.shtml (last visited Sept. 5, 2007).
60. THOREAU, supra note 25, at 245; see also Abraham Lincoln, Resolutions in the United States House of Representatives (Dec. 22, 1847), in THE LIFE AND WRITINGS OF ABRAHAM LINCOLN 297, 299 (Phillip van Doren Stern ed., 1940) (echoing Thoreau by protesting the Mexican War and citing the payment of taxes as a method of submitting to government).
61. See ROBERT WILLIAMS, THE AMERICAN INDIAN IN WESTERN LEGAL THOUGHT: THE DISCOURSES OF CONQUEST 229-31 (1990) (discussing the Doctrine of Discovery as authorization for the United States to control Indian lands);
62. Robert Williams, The Algebra of Federal Indian Law, 1986 WIS. L. REV. 219, 257, 263 (citing Cherokee Nation v. Georgia and Johnson v. Mcintosh as examples of the Discovery Doctrine at work in the United States).
63. See infra notes 97-104 and accompanying text (discussing the role of culture); see also infra note 129 and accompanying text (discussing similar use of cultural stereotypes to rationalize suppression of Latinos).
64. Robert A. Williams, Documents of Barbarism, 31 ARIZ. L. REV. 237, 262, 261-78 (1989); see also ALLEN, supra note 20, at 6-10 (invoking similar notions of colonialism as a context for African-American history).
65. See BELL, supra note 5, at 82-94 (comparing and contrasting the history of racism in Australia and New Zealand to that of the United States and South Africa); see also Australian Aboriginal Literature, in I ENCYCLOPEDIA OF POST-COLONIAL LITERATURES IN ENGLISH 2, 2-4 (E. Benson & L.W. Connolly eds., 1994) (providing an overview of Australian Aboriginal literature and its role in social change).
66. See, e.g., Press Release, Special Committee on Decolonization Calls on United States to Expedite Puerto Rico's Self-Determination Process, U.N. Doc. GA/COL/3160 (June 14, 2007) (continuing the discussion on facilitating Puerto Rican Self-Determination); Press Release, Special Committee on Decolonization Approves Text Calling on United States to Expedite Puerto Rican Self-Determination Process, U.N. Doc. GA/COL/3138/Rev.1 (June 12, 2006) (summarizing the dominance of the United States over Puerto Rico and recommending further decolonization steps); PEDRO MALAVET, AMERICA'S COLONY: THE POLITICAL AND CULTURAL CONFLICT BETWEEN THE UNITED STATES AND PUERTO RICO 11 (2004) (noting that Puerto Ricans, although U.S. citizens, have little voice in their own government). For additional information on other countries' progress toward decolonization, see generally Main Documents on Decolonization, List of Non-Self-Governing Territories Since 1945, http://www.un.org/Depts/dpi/decolonization/docs.htm (providing documents relating to the history and decolonization efforts of all non-selfgoverning territories).
67. See CORNEL WEST, RACE MATTERS 35-46 (1993) (lamenting this decline);
68. see also NIKHIL P. SINGH, BLACK IS A COUNTRY: RACE AND THE UNFINISHED STRUGGLE FOR DEMOCRACY 164-85 (2004) (tracing the decline of leadership to official co-optation and the lure of establishment inducements and bribes);
69. Delgado, Rise and Fall, supra note 22, at 377-85 (noting that white elites gained control over leaders of color as they rose to power); infra note 118 (discussing postcolonial criticism of certain civil rights and feminist scholars who focus principally on domestic manifestations of oppression and ignore broader international linkages).
70. See Delgado, Crossroads and Blind Alleys, supra note 14, at 125, 136-46 (arguing that a focus on discourse has moved away from the original goals of Critical Race Theory).
71. Id. at 125.
72. ANTONY COPLEY, GANDHI: AGAINST THE TIDE 30-49, 99-104 (1987);
73. BHIKHU PAREKH, COLONIALISM, TRADITION, AND REFORM: ANALYSIS OF GANDHI'S POLITICAL DISCOURSE 81-119, 120-54, 272-93 (rev. ed. 1999) (discussing many features of the leader's program, including "yugadharma" and self-purification, nonviolence, and indianization of culture and self); Ludden, supra note 17, at 10 (describing Gandhi as a nationalist).
74. See Delgado, Revisionism, supra note 1, at 830-32 (discussing Chavez's programs and life).
75. See FRANTZ FANON, THE WRETCHED OF THE EARTH 249-316 (1963) [hereinafter FANON, WRETCHED OF THE EARTH] (describing mental illnesses in a colonized population and offering independence as a solution);
76. FRANTZ FANON, BLACK SKIN, WHITE MASKS 141-209 (Charles L. Markmann trans., Grove Press 1967) (1952)
77. [hereinafter FANON, WHITE MASKS] (identifying the influence of white culture and colonialism on "Negro" mental health);
78. see also Patrisia Gonzales, In the Spirit of the Ancestors: Reconciling Post Tribal Stress Disorders, COLUMN OF THE AMERICAS, May 1, 2006, available at http://uctp.blogspot.com/ 2006/05/in-spirit-of-ancestors-reconciling.html (noting that, with indigenous people and Latinos, "de-indianization" may be a source of mental illness).
79. On minority mental health generally, see ALVTN POUSSAINT, WHY BLACKS KILL BLACKS (1972) (exploring common psychological deficits in the African-American population).
80. See ALEJANDRO PORTES & RUBÉN J. RUMBAUT, LEGACIES: THE STORY OF THE IMMIGRANT SECOND GENERATION 276-80 (2001) (explaining the downward assimilation among future generations of Mexican immigrants);
81. Center for Disease Control, Suicide Among Hispanics, United States 1997-2001, 53 MORBIDITY & MORTALITY WKLY. REP. 471, 478 (2004) (finding suicide the third leading cause of death for young Hispanics);
82. Glen Flores et al., The Health of Latino Children: Urgent Priorities, Unanswered Questions, and Research Agenda, 288 J. AM. MED. ASS'N 82, 85 (2002) (examining disproportionate behavioral and mental health issues among Latino children);
83. Donna Hoyert et al., Deaths: Final Data for 2003, 54 NAT'L VITAL STAT.REP. 1, 5, 42 (2006) (comparing death rates for Black, Hispanic, and White populations by cause of death);
84. Kwame McKenzie et al., Suicide in Ethnic Minority Groups, 183 BRIT. J. PSYCHIATRY 100, 100-01 (2003) (explaining risk factors and suicide rates for ethnic minorities).
85. See FANON, WRETCHED OF THE EARTH, supra note 38, at 94 (describing violence as a means of restoring a former subject's self-respect); see also SINGH, supra note 33, at 188-91 (discussing the legitimate role of violent reassertion of identity).
86. See Anthony Alfieri, Race Trials, 76 TEX. L. REV. 1293, 1348 (1998) (discussing Spivak's "strategic essentialism" as exemplified in a move in which a defense counsel draws on a cultural stereotype); Ludden, supra note 17, at 17-19 (discussing Spivak's contribution to a new "literary turn," a form of discursive, cultural criticism);
87. Gayatri C. Spivak, Subaltern Studies: Deconstructing Historiography, in SELECTED SUBALTERN STUDIES 3, 13-14 (Ranajit Guha & Gayatri C. Spivak eds., 1988) (describing the use of "consciousness" within subaltern studies);
88. see also EDWARD SAID, CULTURE AND IMPERIALISM 100 (1993) [hereinafter SAID, CULTURE] (discussing the West's tendency to represent foreign cultures in ways that enable Western culture's dominance);
89. Gayatri Spivak, Can the Subaltern Speak?, in MARXISM AND THE INTERPRETATION OF CULTURE 271, 287-88, 294-96, 306 (C. Nelson & L. Grossberg eds., 1988). (describing the West's "decolonization" strategies and calling for "antisexist" projects to benefit women oppressed by race or class, as these women have no voice).
90. See, e.g., RICHARD DELGADO & JEAN STEFANCIC, UNDERSTANDING WORDS THAT WOUND 111-38, 159-74 (2004) (describing new mediums for hate speech and the impact of hate speech on various ethnic groups).
91. See SAID, CULTURE, supra note 41, at 110 (exploring the impact of Orientalist discourse on intellectual and creative works);
92. EDWARD SAID, ORIENTALISM 1-6, 55-61, 72-73 (1979) [hereinafter SAID, ORIENTALISM] (noting that after a time, all Western writers on the Orient began to see that part of the world through the same lens-as exotic, alien, despotic, cruel, and sensuous).
93. E.g., Richard Delgado & Jean Stefancic, Images of the Outsider: Can Free Expression Remedy Systemic Social Ills?, 77 CORNELL L. REV. 1258, 1261-75 (1992) [hereinafter Delgado & Stefancic, Images] (reviewing the history of media caricatures of African Americans, Native Americans, Asian Americans, and Mexican Americans).
94. See supra notes 10-13 and accompanying text (introducing postcolonial theory). But see SAID, CULTURE, supra note 41, at xxiii (noting that empire always denies that it is empire; it always makes the same mistakes as earlier empires-including the enforcers of the empire insisting that they are doing their subjects a favor); see also id. at 285-87 (describing American "exceptionalism," according to which U.S. invasions are never seen as colonial acts but evidence of our heightened morality and sense of responsibility).
95. To wit, Spain.
96. See, e.g., Randall Kennedy, Racial Critiques of Legal Academia, 102 HARV. L. REV. 1745, 1755-60 (1989) (discussing minority scholarship in legal education);
97. Richard Delgado, Mindset and Metaphor: A Response to Randall Kennedy's Racial Critiques of Legal Academia, 103 HARV. L. REV. 1872, 1877 (1990) (critiquing Kennedy's approach while acknowledging the valid scholarly question of voice);
98. Richard Delgado, When A Story is Just a Story: Does Voice Really Matter?, 76 VA. L. REV. 95, 95-96 (1990) (continuing the debate over the importance of minority voices in legal scholarship).
99. Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561, 561-65 (1984);
100. see also Mari Matsuda, Looking to the Bottom: Critical Legal Studies and Reparations, 22 HARV. C.R.-C.L. REV. 323, 324-26 (1987) (suggesting that "looking to the bottom" will help both minorities and critical legal scholars achieve their goals).
101. Kennedy, supra note 47, at 1801-07.
102. Ann Coughlin, Regulating the Self: Autobiographical Performances in Outsider Scholarship, 81 VA. L. REV. 1229, 1231-34 (1995).
103. DANIEL FARBER & SUZANNA SHERRY, BEYOND ALL REASON: THE RADICAL ASSAULT ON TRUTH IN AMERICAN LAW 31, 86 (1997).
104. Id.
105. See PEREA ET AL., supra note 26, at 541-48, 848-61 (containing notes, questions, and case excerpts on these issues).
106. See, e.g., Ngugi wa Thiong'o, Moving the Center: An Interview with Charles Cantalupo, in THE WORLD OF NGUGI WA THIONG'O 219-20 (Charles Cantalupo ed., 1993) [hereinafter WORLD] (asserting that, regarding the role of language, whenever the language of a group is suppressed it also affects the individual);
107. NGUGI WA THIONG'O, DECOLONIZING THE MIND: THE POLITICS OF LANGUAGE IN AFRICAN LITERATURE 4 (1986) [hereinafter THIONG'O, DECOLONIZING] (asserting that "[t]he choice of language and the use to which language is put is central to a people's definition of themselves in relation to their natural and social environment" in discussing the strong role language plays in cultural identity).
108. See generally CHINUA ACHEBE, THINGS FALL APART (1952) (describing the disintegration of a proud, purposive village under the onslaught of English colonialism);
109. CHINUA ACHEBE, ANTHILLS OF THE SAVANNAH (1987) [hereinafter ACHEBE, ANTHILLS] (describing the postcolonial challenges of corruption and instability that continue to plague the African political climate).
110. See HAUNANI-KAY TRASK, FROM A NATIVE DAUGHTER: COLONIALISM AND SOVEREIGNTY IN HAWAII 3, 21 (1993) (discussing the impact of forcing native Hawaiians to speak English and asserting that the adoption of English as the official language of the islands in 1896 negatively redefined Hawaiian culture and society).
111. See FANON, WHITE MASKS, supra note 38, at 17-18, 27 (discussing the role of adopting a colonizer's language in assimilating the colonized's native identity).
112. See TRINH MINH-HA, WOMAN, NATIVE, OTHER 47-76 (1989) (asserting that language is an extremely powerful form of "subjugation" and that "with each sign that gives language its shapes lies a stereotype of which I am both the manipulator and the manipulated").
113. On American Indian, Canadian, and Australian boarding schools, see PEREA ET AL., supra note 26, at 862, 937-38, which discusses the difficulties Native Americans encountered in attending English speaking schools and federal boarding schools, as they forbade the use of native languages and religions; Julie Cassidy, The Stolen Generations-Canada and Australia, 11 DEAKIN L. REV. 131 (2006), which examines the practice of removing children from their familial homes and placing them in institutions in Canada, Australia, and the U.S., and discusses selected instances of litigation that arose out this practice. Recall, as well, how Soviet "Russification" policy toward the states that it colonized, e.g., Lithuania, Latvia, and Ukraine,discouraged the speaking of local languages and dialects.
114. E.g., Editorial, Russification, N.Y. TIMES, July 6, 1972 (briefly discussing the Russian practice of extirpating Lithuanian religion and culture in the process of assimilating its people);
115. th century).
116. See THIONG'O, DECOLONIZING, supra note 54, at 23, 27-29 (recounting the occasional chastisement he received when he began writing in Gikuyu, his native tongue, and the pressure within the academic community to write in English);
117. Ngugi wa Thiong'o, The Language of African Literature, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 285, 287 (discussing the assumption by some that English was the "natural language of literary" culture);
118. see also Australian Aboriginal Literature, supra note 31, at 2-4 (discussing aboriginal literature in Australia and noting that "[w]hite Australian criticism tended to circumscribe the scope and influence of black writing by pointing to black writers' use of outdated forms and a preoccupation with confrontational topics");
119. W.H. New, New Language, New World, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 303, 305-08 (noting that "writers themselves have been among . . . the clearest commentators on the relation they find between the language they live with, the culture they live in, and the world they create").
120. Cf. THIONG'O, DECOLONIZING, supra note 54, at 23, 27-28 (recounting the occasional chastisement he received when he began writing in Gikuyu, his native tongue, and the pressure in the academic community to write in English);
121. Alamin Mazuri & Lupenga Mphande, Orality and Literature of Combat: The Legacy of Fanan, in WORLD, supra note 54, at 159-60, 163 (discussing Ngugi's purposeful increasing use of his native language to promote African indigenous languages in African writing);
122. see also FANON, WHITE MASKS, supra note 38, at 17 (identifying a "self-division" that resulted from colonial subjugation);
123. Thiong'o, The Language of African Literature, supra note 60 ("[Language is] the most important vehicle through which . . . power fascinated and held the soul prisoner. The bullet was the means of the physical subjugation. Language was the means of. . . spiritual subjugation.");
124. Ngugi wa Thiong'o, On the Abolition of the English Department, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 438 (proposing the abolition of the English department at an African university).
125. Derrick Bell, Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation, 85 YALE L.J. 470, 471-516 (1976). Bell points out that public interest litigation often embroils the lawyer in a dilemma: The client wants a simple, concrete goal, such as better schools for her kids or a pair of shoes to wear to church. The lawyer's organization, such as the NAACP, however, wants a major, breakthrough victory announcing a broad, ringing new legal principle. The lawyer, then, wants to plunge ahead, risking everything for a Brown-type victory. The client is ready to accept something much more modest. See also COPLEY, supra note 36, at 38-39, 101 (noting that this famous anticolonial figure began as an assimilationist and admirer of British culture and tradition, but ended up rejecting law, petitioning, payment of taxes, and other structures of colonial administration).
126. Alan Freeman, Legitimizing Racial Discrimination through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1050-51 (1978).
127. See GIRARDEAU SPANN, RACE AGAINST THE COURT: THE SUPREME COURT AND MINORITIES IN CONTEMPORARY AMERICA 162-63 (1993) (arguing that the Supreme Court is unable to protect against majoritarian preferences and rather "actually advances those preferences through its adjudications").
128. E.g., Richard Delgado, Storytelling for Oppositionists and Others: A Plea for Narrative, 87 MICH. L. REV. 2411, 2439 (1989) (arguing that counterstories can assist in avoiding the "impoverishment" of racial and class-based isolation and can "enable the listener and the teller to build a world richer then either could make alone").
129. E.g., DERRICK BELL, FACES AT THE BOTTOM OF THE WELL: THE PERMANENCE OF RACISM 101-04 (1992) ("[W]hile white antidiscrimination laws seem to protect blacks from bias, discrimination in fact continues under a myriad of guises . . . .").
130. E.g., PATRICIA WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS 5-14 (1991) (asserting that many of the insights about the ethics of law and the meaning of law have "been buried in relatively arcane vocabulary and abstraction" and that "legal language flattens and confines in absolutes the complexity of meaning inherent in any given problem").
131. E.g., DELGADO, THE RODRIGO CHRONICLES, supra note 1, at 7 ("[Serious legal writers have moved] beyond mere doctrinal analysis to political theory, legal history, and interdisciplinary analysis. There is a whole new emphasis on legal culture, perspective, and on what some call 'positionality,' as well as a renewed focus on the sociopolitical dimension of judging and legal reasoning.").
132. See SAID, CULTURE, supra note 41, at xii ("[T]he power to narrate, or to block other narratives from forming and emerging, is very important to culture and imperialism, and constitutes one of the main connections between them.");
133. see also THE POSTCOLONIAL STUDIES READER, supra note 17, at 283-318 (containing examples of postcolonial writers describing the importance of language for cultural survival).
134. Mazuri & Mphande, supra note 61, at 159-81 (noting that in some African societies "writing was . . . to a large extent, a mere expression of the oral world" and that "Ngugi as well as many other African writers, incorporate into their works fragments from the oral tradition"); COPLEY, supra note 36, at 40 (noting that Gandhi, too, emphasized the use of vernacular languages).
135. Neil Lazarus, (Re)turn to the People: Ngugi wa Thiong'o and the Crisis of Postcolonial African Intellectualism, in WORLD, supra note 54, at 23;
136. Ngugi wa Thiong'o, Moving the Center: An Interview with Charles Cantalupo, in WORLD, supra note 54, at 216.
137. Kathleen Greenfield, Murdering the Sleep of Dictators: Corruption, Betrayal, and the Call to Revolution in the World of Ngugi wa Thiong'o, in WORLD, supra note 54, at 27;
138. Kimani Wa Njogu, Decolonizing the Child, in WORLD, supra note 54, at 130-37.
139. Braj B. Kachru, The Alchemy of English, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 291;
140. see also SAID, CULTURE, supra note 41, at 267 (noting that the French forbade the use of Arabic in colonial Algerian school instruction).
141. THE LATINO CONDITION 557 (Richard Delgado & Jean Stefancic eds., 1998) (editors' note).
142. MINH-HA, supra note 58, at 52; see also Bill Ashcroft, Constitutive Graphonomy, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 298, 300-02 ("[A]U language emerges out of conflict . . . . [T] he post-colonial text brings language and meaning to a discursive site in which they are mutually constituted, and at this site the importance of usage is inescapable . . . . [Language cannot] be said to perform its function by reflecting or referring to the world in a purely contingent way . . . .").
143. Raj Rao, Language and Spirit, in THE P OSTCOLONIAL STUDIES READER, supra note 17, at 296.
144. Simon During, Postmodernism or Postcolonialism Today, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 125.
145. E.g., FANON, WHITE MASKS, supra note 38, at 141-210 (arguing that "in every society, in every collectivity, exists-must exist-a channel, an outlet through which the forces accumulated in the form of aggression can be released" in describing his conception of a "collective catharsis"); see also COPLEY, supra note 36, at 36 (portraying Gandhi's fasting as a step to establishing a "warrior ethic"); infra notes 80-90 and accompanying text (discussing the study of resistance).
146. See, e.g., PORTES & RUMBAUT, supra note 39 (discussing the trend of "downward assimilation" in second generation Mexican-Americans).
147. See supra notes 10-12 and accompanying text (discussing the colonial tradition).
148. Id.
149. See ALBERT MEMMI, THE COLONIZER AND THE COLONIZED 120-52 (1991) [hereinafter MEMMI, COLONIZER] (arguing that "revolt is the only way out of the colonial situation, and the colonized realizes it sooner or later");
150. ALBERT MEMMI, DOMINATED MAN 3-26 (1968) (arguing that "when the oppressed has seen the extent of his oppression in this way, then it becomes unbearable to him" in discussing the potential for an impending revolt by black Americans); Ludden, supra note 17, at 1-7, 20 (discussing scholarly work in Subaltern Studies, noting that the topic of insurgency had garnered special attention); see also COPLEY, supra note 36, at 30-36, 38 (describing Gandhi's techniques of nonviolent resistance and non-cooperation with the British overlords); PAREKH, supra note 36, at 148-51 (discussing Gandhi's nonviolent resistance and observing that "every oppressive and exploitative system ultimately depended on the cooperation of its victims, and it would not last a day without their active or passive material and moral support");
151. ARUNDHATI ROY, WAR TALK 9-17 (2003) (reporting on nonviolent resistance in central India opposing the eviction of a thousand indigenous families to make way for the building of a dam);
152. JAMES C. SCOTT, WEAPONS OF THE WEAK: EVERYDAY FORMS OF PEASANT RESISTANCE XV-xvii (1986) (noting that organized, outright resistance by the lower class is actually rare, and the more common mechanisms of resistance have been "foot dragging, dissimulation, desertion, false compliance, pilfering, feigned ignorance, slander, arson, sabotage, and so on");
153. E.P. THOMPSON, THE MAKING OF THE ENGLISH WORKING CLASS 62-78, 225-28, 500-21 (1966) (discussing various forms of resistance employed throughout the evolution of the English working class, ranging from violent riots to the more peaceful destruction of machines which were displacing agrarian workers and organization of trade unions);
154. David Arnold, Gramsci and Peasant Subalternity in India, in MAPPING SUBALTERN STUDIES AND THE POSTCOLONIAL 39-40, 45 (Vinayak Chaturvedi ed., 2000) (describing passivity as a resistance tactic and positing that the failings of mass movements in India is attributable to the refusal of the Indian bourgeoisie to unite with the peasantry);
155. Gyan Pandey, Peasant Revolt in Indian Nationalism, in SELECTED SUBALTERN STUDIES, supra note 41, at 233 (discussing the revolt by peasants in Awadh in 1921 which took the form of looting of bazaars, attacks on landlords, and battles with police);
156. Arundhati Roy, Mesopotamia. Babylon. The Tigris and Euphrates, THE GUARDIAN, Apr. 2, 2003, at 2, available at http://www.guardian.co.uk/g2/story/0,3604,927712,00.html ("[D]eceit was an old tradition with us natives. When we are invaded/colonized/occupied and stripped of all dignity, we turn to guile and opportunism.").
157. See, e.g., PEREA ET AL., supra note 26, at 297 (noting the folklore that developed about Cortina and Cortez);
158. th century, after American expansion West, and the ensuing folklore of figures such as Juan Cortina and Gregorio Cortez);
159. SAID, CULTURE, supra note 41, at xii, 209-67 (discussing thematic similarities across a number of cultures in resisting colonization and occupation); see also MEMMI, COLONIZER, supra note 82, at 104-05 (pointing out that the colonized subject is ignorant of his own history-when he goes to school, he learns about Joan of Arc). On "literary resistance,"
160. see, e.g., Stephen Slemon, Unsettling the Empire, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 104-10, which discusses the nature of literary resistance and asks whether "something [is] actually there in the text or is . . . produced and reproduced in and through communities of readers and through mediating structures of their own culturally specific histories."
161. See HOWARD ZINN, A PEOPLE'S HISTORY OF THE UNITED STATES: 1492-PRESENT 131, 198-99, 382-83 (rev. & updated ed. 1995) (discussing numerous forms and instances of resistance throughout American history, including slave revolts, violent labor movement uprisings, black militancy, and more).
162. See HERBERT APTHEKER, AMERICAN NEGRO SLAVE REVOLTS 162-340 (6th ed. 1993) (providing a comprehensive study and accounting of slave revolts in the United States from 1791 through the Civil War era); see also FANON, WRETCHED OF THE EARTH, supra note 38, at 37 (pointing out that liberation from colonial yoke requires "absolute violence").
163. Jean-Paul Sartre, Introduction, in MEMMI, COLONIZER, supra note 82, at ix, xvii; see ALLEN, supra note 20, at 61-63 (discussing the Ford Foundation's efforts to "channel and control the black liberation movement and forestall future urban revolts"); MEMMI, COLONIZER, supra note 82, at 120-27 ("[I]f one chooses to understand the colonial system, he must admit that it is unstable and its equilibrium constantly threatened."); see also AMÉ CÉSAIRE, DISCOURSE ON COLONIALISM 60-61 (1955) (warning that the U.S. is no liberator and that American domination is the kind from which one never recovers);
164. ARUNDHATI ROY, THE CHECKBOOK AND THE CRUISE MISSILE 45 (2004) [hereinafter ROY, CHECKBOOK] ("Historically, we know that every empire overreaches itself and eventually implodes. Then another one rises to take its place.");
165. Arundhati Roy, Not Again, GUARDIAN, Sept. 27, 2002 (pointing out that empires invariably overreach and eventually implode).
166. MEMMI, COLONIZER, supra note 82, at 129, 149-52. On passivity and withdrawal as responses, see id. at 98-99, which points out that the colonial subject, being locked out of government and civil affairs, takes refuge in "the family."
167. Id.; see also THE POSTCOLONIAL STUDIES READER, supra note 17, at 151-80 (collecting materials on the theory of nationalism as a form of resistance); ROY, CHECKBOOK, supra note 86, at 136 (applying these ideas to our time and to the current U.S. program of worldwide hegemony); SAID, CULTURE, supra note 41, at 209-67, 286-88 (elaborating extensively on a number of types of resistance, including contemporary academic anti-imperialistic dissent).
168. MEMMI, COLONIZER, supra note 82, at 151; MORIN, supra note 20, at 45-49 (detailing Mexicano resistance in the first half of the nineteenth century in the Southwestern United States and also the systematic means of oppression and marginalization used against Latinos/as in America since the nineteenth century); SAID, CULTURE, supra note 41, at xii, 209-67 (describing the varieties of resistance, including reclaiming culture, reclaiming lands, andreclaiming the past); see also Ludden, supra note 17, at 6-11 (describing how postcolonial writing frees the study of primitive rebellion from the categories of crime and backwardness).
169. See, e.g., PEREA ET AL., supra note 26, at 288-98 (containing notes, description, and excerpts on this issue); U.S. GOV'T ACCOUNTABILITY OFFICE, THE TREATY OF GUADALUPE HIDALGO: FINDINGS AND POSSIBLE OPTIONS REGARDING LONGSTANDING COMMUNITY LAND GRANT CLAIMS IN NEW MEXICO 2-170 (2004) (examining whether "the United States either inappropriately acquired millions of acres of land for the public domain or else confirmed acreage to the wrong parties" after entering into the Treaty of Guadalupe Hidalgo, and concluding that, while there is no specific ground for legal relief, Congress may wish to take action for compelling policy reasons); see also SINGH, supra note 33, at 199, 212-24 (comparing black ghettos to Third World colonies and positing that the solution is to embrace, then subvert, that parallel, by violence, if necessary). On the 'Taylor Ranch" controversy in Southern Colorado, see infra note 210 and accompanying text.
170. E.g., Jerome McCristal Culp, Jr., Voice, Perspective, Truth, and Justice: Race and the Mountain in the Legal Academy, 38 LOY. L. REV. 61 (1992) (discussing the debate between more traditional black scholars and those who question the propriety of the perspective of color and instead believe in speaking in the "neutral voice of scholarship");
171. Angela Onwuachi-Willig, Using the Master's "Tool" to Dismantle His House: Why Clarence Thomas Makes the Case for Affirmative Action, 47 ARIZ. L. REV. 113 (2005) (contending that despite his criticism of affirmative action, Clarence Thomas' "nomination to and performance on the Court ironically make the case for forward-looking affirmative action").
172. On these Indian middlemen and civil servants, see MEMMI, COLONIZER, supra note 82, at 15-16, which asserts that "by choosing to place themselves in the colonizer's service to protect his interests exclusively, they end up by adopting his ideology, even with regard to their own values and their own lives"; Byrne, supra note 11; see also ALLEN, supra note 20, at 10-11, 16, which discusses rajahs and their latter-day successors in the black and brown communities, including the conciliatory black preacher; PAREKH, supra note 36, at 25, which discusses collaboration in general. On Latino folk tales excoriating "los vendidos" (sell-outs),
173. see NICK KANELLOS, HERENCIA: THE ANTHOLOGY OF HISPANIC LITERATURE OF THE UNITED STATES 6 (2002).
174. See ZINN, supra note 84, at 23-38 (noting "the creation of disunity among slaves by separating them into field slaves and more privileged house slaves").
175. Id.
176. ACUN̄A, OCCUPIED AMERICA, supra note 15, at 386-421 (discussing the increasing size and political relevance of the Chicano middle class from 1973 on and questioning how this focus on middle class injured Chicanos as a whole); see Delgado, Rodrigo's Roundelay, supra note 3, at 57 ("[T]hese brokers use cultural information to help whites administer death. Or if that's too uncharitable, profits.").
177. Delgado, Rodrigo's Roundelay, supra note 3, at 57-59; see also ALLEN, supra note 20, at 212 ("[The] black bourgeoisie is traditionally torn between militant nationalism and accommodationist integrationism."); SINGH, supra note 33, at 72-84, 112-17, 164-73 (noting that some black leaders during the civil rights era went along with official policy and denied their colonial condition, embraced Cold War politics, and denounced left-wing black leaders); Delgado, Rise and Fall, supra note 22, at 377-81 (also noting that some leaders in the black community followed the U.S. government's lead and ostracized figures like Paul Robeson, designating them as overly radical).
178. See PAREKH, supra note 36, at 40-41 (describing how the British, upon encountering Hindus were "puzzled by them as a people and bewildered, at times even offended, by some of their beliefs and practices"); ROY, CHECKBOOK, supra note 86, at 54 (describing Winston Churchill's views); SAID, CULTURE, supra note 41, at xii-xiii, 100, 162 ("[A]U cultures tend to make representations of foreign cultures the better to master or in some way control them."); SAID, ORIENTALISM, supra note 43, at 26 ("So far as the Orient is concerned, standardization and cultural stereotyping have intensified the hold of nineteenth-century academic and imaginative demonology of 'the mysterious Orient.' ");
179. Abdul R. JanMohamed, The Economy of Manichean Economy, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 18 (positing that in colonialist literature, the world that lies beyond "civilization" is perceived as "uncontrollable, chaotic, unattainable, and ultimately evil");
180. Spivak, Subaltern Studies, supra note 41, at 13-14 (describing "strategic essentialism"-the imputation of a characteristic to a large group); see also JOHN-MICHAEL RIVERA, THE EMERGENCE OF MEXICAN AMERICA 2-4 (2006) (describing depiction of Latinos in the "American imaginary").
181. See SAID, CULTURE, supra note 41, at 6-9 (noting that it is not just stories and literature that do this, but biology, political science, and other bodies of thought, as well); supra notes 41-44 and accompanying text (providing examples of how dominant culture depicts society).
182. See, e.g., DAVID GILMOUR, THE LONG RECESSIONAL: THE IMPERIAL LIFE OF RUDYARD KIPLING ix-xi, 85-165 (2002) (describing Kipling's public role and attitude toward British empire and colonial rule);
183. Rudyard Kipling, The White Man's Burden: The United States and the Philippine Islands, MCCLURE'S MAG., Feb. 1899 (exalting the virtues and encumbrances of imperialism);
184. see also EDWARD SAID & DAVID BARSAMIAN, THE PEN AND THE SWORD 66 (1994) (discussing Kipling's writings).
185. MISSISSIPPI BURNING (MGM Studios 1988); see also SAID, CULTURE, supra note 41, at xiii-xiv (pointing out how "high culture" is almost always xenophobic and looks down on natives, and citing as examples Dickens, Carlyle, Ruskin, and Thackeray).
186. See, e.g., RD/ERA, supra note 97, at 64-69 (discussing the portrayal of Mexico as an inferior and unjust nation which America benevolently civilized); RON TAKAKI, A DIFFERENT MIRROR: A HISTORY OF MULTICULTURAL AMERICA 21-50 (1993) (explaining how the English possessed a tremendous power to define the people and places they were conquering, with terms like "savage," "heathen," and (for the Irish) "uncivilized");
187. Chinua Achebe, Colonialist Criticism, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 57, 59-60 (discussing the common colonialist criticism that the colonial subject is ungrateful);
188. Homi K. Bhabha, Signs Taken for Words, in THE POSTCOLONIAL STUDIES READER, supra note 17, at 38 (discussing what the author calls "ambivalence of the presence of authority" in the cultural writings of English colonialism); see also, e.g., PEREA ET AL., supra note 26, at 64-69, 958 (discussing the power to define in the context of recent debate over census categories and slots for Latinos and the controversy overbiracial children, and into what category they should fall). And, of course, current movies are rife with many of the same negative images that the postcolonial scholars point out. See, e.g., MISSISSIPPI BURNING, supra note 100.
189. See PEREA ET AL., supra note 26, at 970-73 (discussing the dangers implicit in the use of racial stereotypes in film).
190. See JARED DIAMOND, GUNS, GERMS, AND STEEL: THE FATES OF HUMAN SOCIETIES 27778, 358-59 (1997) (attributing European conquest of the Americas, for example, not to intellectual or spiritual superiority, but rather to disease and disparities in technology).
191. See Delgado & Stefancic, Images, supra note 44, at 1261-79 (discussing the depiction of "major minority subgroups of color" in popular culture); see also ARUNDHATI ROY, THE ORDINARY PERSON'S GUIDE TO EMPIRE 60 (2004) (noting the irony that the freest country in the world has the largest number of prisons and that Bangladeshi men have a higher probability of reaching age 65 than do African American men in Harlem).
192. See ANTONIO GRAMSCI, THE PRISON NOTEBOOKS (Quinton Hoare & Geoffrey Nowell Smith eds. & trans., 1971).
193. PRICE COBBS & WILLIAM GRIER, BLACK RAGE (1968).
194. Sartre, Introduction, supra note 86, at xxvii; see MEMMI, COLONIZER, supra note 82, at 55, 61 (asserting that in the colony, the European leads an exalted life and pretends he is superior; but he knows that in the home country he would be a mediocre man).
195. MEMMI, COLONIZER, supra note 82, at 9, 67, 73-74, 79-85; supra notes 97-104 and accompanying text (discussing the role of culture).
196. LEELA GANDHI, POSTCOLONIAL THEORY: A CRITICAL INTRODUCTION 19 (1988);
197. Jean-Paul Sartre, Introduction, in FANON, WRETCHED OF THE EARTH, supra note 38, at 9, 23.
198. GANDHI, supra note 109, at 21; see ALLEN, supra note 20, at 52 (agreeing with Fanon that the oppressed should mock and "vomit" the colonial regime's values).
199. SAID & BARSAMIAN, supra note 99, at 151; see GANDHI, supra note 109.
200. See GANDHI, supra note 109, at 9 (discussing Bhabha on forgetting); SAID, CULTURE, supra note 41, at 209 (discussing the colonial subject's urgent need to "reclaim the past").
201. ACHEBE, ANTHILLS, supra note 55, at 124.
202. TRINH MINH-HA, supra note 58, at 148-49. See generally RIVERA, supra note 97, at 2-3, 165-76 (explaining the importance of recovering cultural documents and memories).
203. MEMMI, COLONIZER, supra note 82, at 55. Recall, for example, William Gladstone, a liberal in England, who established British rule in India.
204. SAID & BARSAMIAN, supra note 99.
205. Id.; see also MEMMI, COLONIZER, supra note 82, at 75 (pointing out that the colonialist sees himself in exalted terms, as bringing light to the oppressed-being there to benefit not themselves, but others).
206. See GANDHI, supra note 109, at 9-22, 81-102 (noting that intellectuals of our time are easily drawn off into focusing on domestic racism and sexism instead of considering broad international patterns of oppression); ALBERT MEMMI, DECOLONIZATION AND THE DECOLONIZED x-xiv (2006) (same).
207. E.g., HUTTON WEBSTER, TABOO: A SOCIOLOGICAL STUDY 3-39 (1943);
208. Margaret Mead, A Proposal, REDBOOK, Apr. 1978, at 31; see also SIGMUND FREUD, CIVILIZATION AND ITSDISCONTENT 41 (Joan Riviere trans., 1982) (discussing the origin of taboo);
209. SIGMUND FREUD, TOTEM AND TABOO (1913) (using this concept to explain neurotic behavior in Western patients);
210. Martha Nussbaum, Danger to Human Dignity: The Revival of Disgust and Shame in the Law, CHRON. HIGHER EDUC., Aug. 6, 2004, at B6.
211. WEBSTER, supra note 119, at 322-65.
212. THE NEW STANDARD JEWISH ENCYCLOPEDIA 546 (7th ed. 1992).
213. Id. at 849 (explaining this taboo amongst Jews).
214. See Leviticus 11-16 (describing Jewish laws of purity and cleanliness).
215. See Loving v. Virginia, 388 U.S. 1, 4-7 (1967) (describing Virginia's anti-miscegenation laws).
216. See, e.g., WILLIAMS, supra note 67, at 17, 154.
217. John M. Kang, Deconstructing the Ideology of White Aesthetics, 2 MICH. J. RACE & L. 283, 345, 347-51 (1997).
218. See id. at 345, 347-49 (describing the stereotypical effeminate Asian male).
219. For a discussion of the theory of differential racialization, see Delgado, Revisionism, supra note 1, at 823-36; see also MICHAEL OMI & HOWARD WINANT, RACIAL FORMATION IN THE UNITED STATES 53-76 (2d ed. 1994).
220. MORIN, supra note 20, at 18-20; Delgado & Stefancic, Images, supra note 44, at 1273-75; STEVEN BENDER, GREASERS AND GRINGOS: LATINOS, LAW, AND THE AMERICAN IMAGINATION 2 (2003); RIVERA, supra note 97, at 51-56, 63, 130-31.
221. See ACUÑA, OCCUPIED AMERICA, supra note 15, at 35-40, 124-26 (describing relations between Mexican colonizers and Native Americans).
222. Id. at 40-52; PEREA ET AL., supra note 26, at 253.
223. ACUÑA, OCCUPIED AMERICA, supra note 15, at 56-57.
224. Treaty of Guadalupe Hidalgo, U.S.-Mex., Feb. 2, 1848, 18 Stat. 492; see ACUÑA, OCCUPIED AMERICA, supra note 15, at 56-57.
225. See supra note 26 and accompanying text.
226. On the conditions of farm labor, and a recent chapter of resistance to those conditions, see, e.g., SUSAN FERRIS & RICARDO SANDOVAL, THE FIGHT IN THE FIELDS: CESAR CHAVEZ AND THE FARMWORKERS MOVEMENT (Diana Hembree ed., 1997);
227. JACQUES E. LEVY, CESAR CHAVEZ: AUTOBIOGRAPHY OF LA CAUSA (1975);
228. PETER MATTHIESSEN, SAL SI PUEDES: CESAR CHAVEZ AND THE NEW AMERICAN REVOLUTION (1969);
229. Guadalupe Luna, An Infinite Distance, 1 U. PA. J. LABOR & EMP. L. 487 (1998).
230. I assumed that Rodrigo meant, among others, weirdness, stupidity, and lack of dignity, all components of a stereotype that changed and evolved over time. For example, loss of dignity was essential in periods when the group was demanding political rights and sovereignty. It would have been ridiculous to grant full citizenship rights to a group given to wearing silly hats, playing music, and partying all the time. Compare, for example, the stereotype of the exotic Arab in SAID, ORIENTALISM, supra note 43 with infra Part II.A.2 (suggesting that Latinos are dirty and stupid). Similarly, laziness was essential to forcing the division of communal lands and transferring them to Anglo hands; once they were divested of their lands, laziness was no longer useful, because the now-landless farmers were essential to perform stoop labor for Anglo farmowners.
231. See Mendez v. Westminster Sch. Dist., 64 F. Supp. 544, 547-48 (S.D. Cal. 1946) (ordering the desegregation of various Orange County school districts), aff'd, 161 F.2d 774 (9th Cir. 1947); Hernandez v. Driscoll Consol. Indep. Sch. Dist., 2 Race Rel. L. Rep. 329, 329-44 (S.D. Tex. 1957) (finding that grouping students according to ancestry was arbitrary and unreasonable); see also RIVERA, supra note 97, at 62 (noting that Anglos held Latinos' use of a supposedly inferior language to justify marginalizing Latinos in the public sphere).
232. ZINN, supra note 84, at 23-28; Herbert Aptheker, Negro Slave Revolts in the United States, 1526-1860, in ESSAYS IN THE HISTORY OF THE AMERICAN NEGRO 10 (1973); cf. ROSENBAUM, supra note 83, at 91-99 (discussing Mexicano resistance in the Southwest).
233. See PEREA ET AL., supra note 26, at 105-07, 112-14 (reprinting excerpts from various slave narratives).
234. See, e.g., GORDON ALLPORT, THE NATURE OF PREJUDICE 261-81 (1954);
235. Richard Delgado et al., Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, 1985 WIS. L. REV. 1359, 1385-86
236. [hereinafter Delgado et al., Fairness and Formality] (discussing social contact as a strategy to reduce prejudice).
237. Delgado et al., Fairness and Formality, supra note 140.
238. Id.
239. See BENDER, supra note 129, at xiv, 12, 115, 116, 144 (suggesting Latinos as dirty); id. at 8, 133 (suggesting Latinos as stupid); RIVERA, supra note 97, at 11, 12, 20, 51-56, 63, 130-31 (providing various examples); cf. Bob Moser, The Battle of Georgiafornia, INTELLIGENCE REP. (Southern Poverty Law Center), Winter 2004, at 423, 444-48 (describing anti-immigrant attitudes in northern Georgia).
240. E.g., (among many), ARNOLDO DELEON, THEY CALLED THEM GREASERS 17 (1983);
241. OSCAR LEWIS, FIVE FAMILIES (1959) (depicting Mexican families as primitive and pathological);
242. JOHN STEINBECK, TORTILLA FLAT (1935) (same);
243. Amoldo DeLeon, Initial Contact, Niggers, Redskins, and Greasers, in THE LATINO CONDITION: A CRITICAL READER 158, 158-63 (Richard Delgado & Jean Stefancic eds., 1998);
244. LOSING IT (Embassy Pictures 1983);
245. ONE EYED JACKS (Twin Peaks 1961);
246. PAT BOONE, SPEEDY GONZALES (MCA Records 1962).
247. BENDER, supra note 129, at 114-53; see also CECIL ROBINSON, WITH THE EARS OF STRANGERS: THE MEXICAN IN AMERICAN LITERATURE 36-37 (1963).
248. E.g., BENDER, supra note 129, at xiii, 184-92. Compare this attribution with SAID, CULTURE, supra note 41, at 267-82 (depicting the Islamic word similarly, including the "fetid" Casbah-the opposite of the clean Western city).
249. See Rufus Sage, Degenerate Inhabitants of New Mexico, in 2 RUFUS B. SAGE, HIS LETTERS AND PAPERS, 1836-47, at 82-87 (LeRoy R. Hafen & Ann W. Hafen eds., 1956),
250. reprinted in DAVID J. WEBER, FOREIGNERS IN THEIR NATIVE LAND 71-75 (1973) (an 1840s description of Mexicans);
251. WEBER, FOREIGNERS, supra, at 1, 60, 83, 145, 149, 151-52, 258-64 (describing the dirty or "greaser" stereotype); cf. DAVID ROEDIGER, WORKING TOWARD WHITENESS 54 (2005) (describing immigrants as invested with this stereotype).
252. Worm v. Wood, 223 S.W. 1016, 1018 (Tex. Civ. App. 1920) (stating that housing built for occupation by negroes and Mexicans would greatly injure and practically destroy the "social conditions of a neighborhood"); Harty v. Guerra, 269 S.W. 1064 (Tex. Civ. App. 1915); see WEBER, supra note 147, at 153 (describing Mexican homes or settlements considered nuisances by surrounding Anglo communities); see also People ex rel. Gallo v. Acuña, 929 P.2d. 596 (Cal. 1997) (upholding injunction against groups of Latino teenagers who habitually gathered in a city neighborhood, disturbing the neighbors, on ground that this constituted a public nuisance); Lopez v. Seccombe, 71 F. Supp. 769 (S.D. Cal. 1944) (Mexican Americans won access to public swimming pool over City of San Bernardino's objection that they were unclean and of bad morals).
253. See DELEON, GREASERS, supra note 144, at 21, 28 (describing early Texans' perceptions of Mexican children as filthy and lice-infested);
254. SARAH DEUTSCH, NO SEPARATE REFUGE 140 (1987);
255. GILBERT G. GONZALES, CHICANO EDUCATION IN THE ERA OF SEGREGATION 20-22, 24-25, 37, 44 (1990) (describing attitudes towards Mexican students);
256. Juan F. Perea, Buscando América: Why Integration and Equal Protection Fail to Protect Latinos, 117 HARV. L. REV. 1420, 1442 (2004) (arguing that in the 1960s many Anglo parents and teachers saw Mexican-American children as dirty and diseased);
257. Peter Yoxall, The Minuteman Project, Gone in a Minute or Here to Stay? The Origin, History, and Future of Citizen Activism on the United States-Mexico Border, 37 U. MIAMI INTER-AM. L. REV. 517, 531-32 (2006) (quoting modern vigilante groups' beliefs regarding immigrants' diseases and filthiness);
258. cf. PEREA ET AL., supra note 26, at 307 (discussing discrimination in access to swimming pools and public parks);
259. Richard Delgado & Jean Stefancic, Home-Grown Racism: Colorado's Historic Embrace-and Denial-of Equal Opportunity in Higher Education, 70 U. COLO. L. REV. 703, 771 (1999) (quoting a 1975 pamphlet from the Colorado Department of Education that discussed the reasons for Mexican-American schoolchildren's "lack of motivation").
260. GLADYS HAWKINS ET AL., YOUR MAID FROM MEXICO (1959). For a discussion of this handbook,
261. see PEARL IDELIA ELLIS, A MERICANIZATION THROUGH HOMEMAKING 47-49, 64 (1929);
262. MARY ROMERO, MAID IN THE U.S.A. 87 (1992);
263. see also GONZALES, supra note 149, at 46, 49-57.
264. HAWKINS ET AL., supra note 150, at 2, 4-5.
265. Id. at 52.
266. See, e.g., PETER BRIMELOW, ALIEN NATION: COMMON SENSE ABOUT AMERICAN'S IMMIGRATION DISASTER 35, 113, 186-87 (1995) (discussing fraud, pollution and environmental impact);
267. PATRICK BUCHANAN, STATE OF EMERGENCY: THE THIRD WORLD INVASION AND CONQUEST OF AMERICA 29-31 (2006) (discussing disease);
268. VICTOR DAVIS HANSON, MEXIFORNIA: A STATE OF BECOMING (2003) (doing "dirty work" and discussing the impact of population increase, disease, government programs, hospitals and prisons);
269. SAMUEL HUNTINGTON, WHO ARE WE? THE CHALLENGES TO AMERICA'S NATIONAL IDENTITY 216, 221-56 (2004) (on the high cultural and economic costs of immigration);
270. PETER SKERRY, MEXICAN AMERICANS: THE AMBIVALENT MINORITY 372 (1993) (discussing the fiscal impact of immigration);
271. Phyllis Schlafly, American Citizenship is Precious, PHYLLIS SCHLAFLY REP., Nov. 2005, at 4 (discussing crime, education, health care and housing subsidies);
272. John W. Whitehead, A Ticking Time Bomb: Diseases that Cross American Borders, RUTHERFORD INST., Dec. 13, 2004, www.rutherford.org (search "Ticking Time Bomb") (discussing illegal smuggling, prostitution and disease).
273. See Yoxall, supra note 149 (citing anti-immigration groups' fear of diseased immigrants).
274. See Belinda I. Reyes, Latinos in California, in LATINOS AND PUBLIC POLICY IN CALIFORNIA 18, 21 (David Lopez & Andres Jimenez eds., 2003) (describing the group as having the smallest portion on welfare and the highest rate of participation in the labor force).
275. E.g., BRIMELOW, supra note 153, at xvii (performing "dirty jobs"), 35, 113, 186-87 (endangering public health);
276. see also Peter Beinart, Going Native, NEW REP., Nov. 6, 2006, at 6 (referring to TV personality Lou Dobbs' depiction of Latino immigrants as bearers of "leprosy and malaria");
277. supra note 154 and accompanying text (discussing Latino immigration).
278. See, e.g., LUKE COLE & SHEILA FOSTER, FROM THE GROUND UP: ENVIRONMENTAL RACISM AND THE RISE OF THE ENVIRONMENTAL RACISM MOVEMENT 4, 54-57 (2000). Could it be because narratives of filth make the locations seem logical and appropriate?
279. See generally JOEL KOVEL, WHITE RACISM: A PSYCHO-HISTORY (1970) (describing this psychoanalytic theory of racism).
280. Id. at 54, 95-96, 180 (describing aversive, dominative, and other varieties of racism).
281. See id. at 51-92 (describing this association).
282. BENDER, supra note 129, at 70-71, 118, 251 n.20 (citing examples of representation of the hypersexual Latina);
283. see RIVERA, supra note 97, at 82-109 (describing popular images of Mexican American womanhood);
284. Delgado & Stefancic, Images, supra note 44, at 1273-75 (noting the stereotype of the greaser out to seduce or rape Anglo women).
285. E.g., TOMAS ALMAGUER, RACIAL FAULT LINES: THE HISTORICAL ORIGINS OF WHITE SUPREMACY IN CALIFORNIA 61-62 (1994);
286. BENDER, supra note 129, at 70-74;
287. REGINALD HORSMAN, RACE AND MANIFEST DESTINY: THE ORIGINS OF RACIAL ANGLO-SAXONISM 233 (1981);
288. STEINBECK, supra note 144, at 153-54;
289. Delgado & Stefancic, Images, supra note 44, at 1274-75.
290. On the persistence of the inhibition against interracial romance and sex, see, e.g., Suzanne C. Miller et al., Perceived Reactions to Interracial Romantic Relationships, 7 GROUP PROCESSES-INTERGROUP REL. 354 (2004).
291. See BENDER, supra note 129, at 70-74, 118, 251 n.20 (discussing the overtly sexual portrayal of Latinos in Anglo culture);
292. ELLIS, supra note 150, at 49 (noting that Mexican girls mature early and become highly interested in sex);
293. LEWIS, supra note 144, at 87 (describing the frequent sexual advances of character Rosa's husband);
294. STEINBECK, supra note 144, at 153-54 (discussing the voluptuous and passionate nature of character Dolores Engracia Ramirez);
295. Delgado & Stefancic, Images, supra note 44, at 1273-75 (describing Mexican stereotypes in American culture).
296. See RIVERA, supra note 97, at 110-34, 160-61 (describing the construction of Mexican manhood).
297. See BRIMELOW, supro note 153, at 43-57 (discussing immigration's contribution to U.S. population growth).
298. BUCHANAN, supra note 153, at 38-40;
299. PATRICK BUCHANAN, THE DEATH OF THE WEST: HOW DYING POPULATIONS AND IMMIGRANT INVASIONS IMPERIL OUR COUNTRY AND CIVILIZATION 136 (2002).
300. HUNTINGTON, supra note 153, at 224, 227.
301. Congressman Tom Tancredo, Representing the 6th District of Colorado (official website), http://tancredo.house.gov/issue_details.aspx?IID=7 (last visited Sept. 1, 2007) (detailing this concern).
302. HANSON, supra note 153, at 10-12, 38;
303. see also MICHELE MALKIN, INVASION xv, 8, 31 (2002) (explaining some perceived negative effects of Mexican immigration).
304. E.g., BRIMELOW, supra note 153, at 43-57, 88, 116-17, 273-74 (arguing that immigration and "intermarriage" is causing an increase in overall population and a shift in the American "ethnic balance")
305. (citing RICHARD J. HERRNSTEIN & CHARLES MURRAY, THE BELL CURVE: INTELLIGENCE AND CLASS STUDIES IN AMERICAN LIFE 341-68, 549 (1994));
306. BEN J. WATTENBERG, BIRTH DEARTH, 112-15 (1987) (explaining the potential impact of increasing immigrant birth rates in the United States).
307. On the origin of this "race-IQ" connection, see, e.g., Richard Delgado, Can Science Be Inopportune? Constitutional Validity of Governmental Restrictions on Race-IQ Research, 31 UCLA L. REV. 128, 131-44 (1983), which describes the history and current status of the "race-IQ" controversy.
308. See, e.g., BUCHANAN, supra note 153, at 7-50 (describing the effects of increasing Mexican immigration and speculating about the perceived negative consequences that such immigration will cause in the future); Federation for American Immigration Reform (official website), http://wwwfairus.org (last visited Sept. 1, 2007) (discussing the increasing foreign-born population in the United States).
309. See, e.g., Federation for American Immigration Reform, Anchor Babies: The Children of Illegal Aliens, http://www.fairus.org/site/ PageServer?pagename=iic_immigrationissuecenters4608 (last visited Oct. 17, 2007);
310. Irene Riordan Struthers, Opinion, Riordan's Comments, L.A. TIMES, Sept. 5, 1993, at M-4 (claiming that immigrant mothers "sneak across the border and give birth" in order to obtain educational and health care benefits).
311. See, e.g., BENDER, supra note 129, at 102-03 (discussing perception of Latinos as inassimilable Spanish speakers);
312. BUCHANAN, supra note 153, at 83 (describing the potential effects of Spanish-speakers not learning English);
313. HUNTINGTON, supro note 153, at 158-70, 221-56, 316-24 (noting that Mexican immigrants cluster together, do not assimilate, and retain the Spanish language even through two or three generations-all to the detriment of Anglo-Saxon culture and values);
314. RIVERA, supra note 97, at 62 (discussing the perception of Mexicans as a racially inferior group of people speaking an "inferior language");
315. Perea, Buscando América, supra note 149, at 1441 (explaining the past and present segregation of Mexican-American children in schools);
316. see also ROEDIGER, supra note 147, at 52-53 (noting that immigrants often are invested with this image of being a different, un-American race).
317. See, e.g., BRIMELOW, supra note 153, at 88-89, 206-07, 209-10 (arguing that the failure of Spanish-speaking immigrants to learn English will have harmful effects on the United States in the future);
318. GONZALES, supra note 149, at 30-37, 41-44 (discussing language, assimilation, and the "Americanization" of Mexican-American children); U.S. English, Inc., (official website), http://www.us-english.org/ inc/official/survey/nationa.asp (last visited Sept. 1, 2007) (advocating making English the official language of the United States);
319. see also BENDER, supra note 129, at 93 (describing the failures of U.S. courts to recognize or remedy discrimination against Spanish-speakers).
320. See BENDER, supra note 129, at 91-92 (discussing the adoption of English-language laws by state legislatures and the implementation of pro-English agendas by private citizens);
321. Kathleen Monje, Suit Accuses Tavern Owner of Bias against Spanish-Speakers, OREGONIAN, Oct. 12, 1990, at D1 (describing a situation in which a bartender allegedly forced patrons to leave her establishment because they were speaking Spanish).
322. See HUNTINGTON, supra note 153, at xvi, 18-19 (claiming that immigration and bilingualism are resulting in a loss of the "American identity," noting, for example, the pressures to use Spanish as well as English on government forms, reports, and signs);
323. ARTHUR SCHLESINGER, THE DISUNITING OF AMERICA 113 (1998) (arguing that bilingualism does not work in America and should not be institutionalized in American schools).
324. See HUNTINGTON, supra note 153, at xvi, 18-19 (describing the pressures to use Spanish as well as English on government forms, reports, and signs);
325. see also Juan Perea, Demography and Distrust: An Essay on American Languages, Cultural Pluralism, and Official English, 77 MINN. L. REV. 269, 328-33, 335-49 (1992) (discussing language requirements for U.S. citizenship and examining the proponents of making English the official language of the United States).
326. See, e.g., ACUÑA, OCCUPIED AMERICA, supra note 15, at 66, 77, 147-48, 155 (describing how a great number of Latinos were lynched and murdered in the American Southwest in the nineteenth century);
327. William D. Carrigan & Clive Webb, The Lynching of Persons of Mexican Origin or Descent in the United States, 1848 to 1928, 37 J. SOC. HIST. 411, 413 (2003) (arguing that historians often overlook violence against persons of Mexican descent that occurred in the United States in the nineteenth and early twentieth centuries);
328. Rodolfo Acuña, Crocodile Tears, Lynching of Mexicans, HISPANTCVISTA.COM, June 20, 2005 http://www.Hispanicvista.com/HVC/ Opinion/Guest_Columns/062005Acuna.htm (describing the lynching of Mexicans in the United States in the nineteenth century).
329. See, e.g., ACUÑA, OCCUPIED AMERICA, supra note 15, at 66, 77, 147-48, 155 (describing the lynching of Latinos in the American Southwest in the nineteenth century);
330. William D. Carrington & Clive Webb, "A Dangerous Experiment," 80 N.M. HIST. REV. 265, 268 (2005) (citing the number of Latinos lynched as 597);
331. Carrigan & Webb, supra note 178, at 412-13.
332. See ACUÑA, OCCUPIED AMERICA, supra note 15, at 66, 77, 147-48, 155;
333. see also WALTER VAN TLLLBURG CLARK, THE OX-BOW INCIDENT 47-48, 153-189 (Modern Library 2001) (1940) (depicting the lynching of three innocent men, including one of Mexican descent, in the American West in 1885).
334. Compare PEREA ET AL., supra note 26, at 862, 937-38 (describing the role of U.S. "Indian schools" which attempted to erase Native American Indian children's identification with their own culture),
335. and Cassidy, supra note 59, at 132-77 (explaining how Australian and Canadian governments placed aboriginal children in institutions to force assimilation),
336. with BRIMELOW, supra note 153, at 219, 273 (discussing the widespread retention of the Spanish language and lack of assimilation by Hispanic immigrants to the United States),
337. and HUNTINGTON, supra note 153, at 18-19, 159 (arguing that bilingualism is bad policy, apt to encourage separatist thinking by Latinos).
338. See RIVERA, supra note 97, at 135-64 (explaining the important role played by poems and corridos in defining Mexican-American history and identity);
339. supra notes 78-79 and accompanying text (discussing the negative effects felt by Latinos when they are unable to retain their knowledge of the Spanish language).
340. See PORTES & RUMBAUT, supra note 39, at 277-80 (arguing that forced assimilation of Mexican-American children leads to significant educational disadvantages).
341. See supra Part I.B.I (describing the role of language and culture in postcolonial thought).
342. Shaila Dewan, Two Families, Two Cultures and the Girl Between Them, N.Y. TIMES, May 12, 2005, at Al;
343. see also ROY, CHECKBOOK, supra note 86, at 89 (noting that Indian call centers degrade an ancient civilization by training workers to conceal their Indian accent, affect an American drawl, and make "American" chit-chat, such as "Gee, what a hot day");
344. ARUNDHATI ROY, POWER POLITICS 83-84 (2d ed. 2002) (same);
345. Diane Jennings, Amarillo Mother to Speak English to Daughter: Not Doing So is "Abusing" Child, Judge Rules in Custody Case, DALLAS MORNING NEWS, Aug. 29, 1995, at 1A (describing a Texas case in which a judge said that a mother was committing abuse by not teaching her child English).
346. Dewan, supra note 185.
347. See supra notes 54-59 and accompanying text (describing postcolonial theory and the effects of losing one's native language).
348. See Kelefa Sanneh, Speaking to Young Latinos in a Language They Understand, N.Y. TIMES, Apr. 14, 2005, at E3 (explaining how many popular radio stations are promoting English-speaking Latino recording artists).
349. See supra notes 17-19 and accompanying text.
350. See ALLEN, supra note 20, at 1 ("Black America is an oppressed nation, a semicolony of the United States . . . .").
351. See, e.g., CLEAVER, supra note 23, at 65-137 (describing the injustice and hardships experienced by African-Americans due to years of discrimination and unfair treatment);
352. Delgado, Rise and Fall, supra note 22 (discussing the response of the FBI and the U.S. government to the Black Panther Party).
353. See, e.g., supra notes 28-30 and accompanying text (explaining the postcolonial perspective of Native American history).
354. See KANELLOS, supra note 92, at 6-10, 16-21 (explaining how works by Hispanic authors reveal feelings of resentment toward Anglos due to persecution, discrimination, and poor treatment);
355. AMERICO PAREDES, A TEXAS-MEXICAN CANCIONERO xvii-xviii, xxvi-xxxi (Univ. of Tex. Press 1995) (1976) (describing poems and works written as a response to "hostile Anglo culture");
356. RIVERA, supra note 97, at 135-64 (noting that many Mexican-American poems deal with themes of poor treatment and exclusion by Anglos);
357. see also Katherine S. Mangan, White Hat, Black Tales: A Texas Scholar Digs into the Dark Truths about the Role of the Texas Rangers in Early 20th-century Border Wars, CHRON. HIGHER EDUC., Aug. 5, 2005, at All (noting that tales of the Texas Rangers' brutality are hidden to Anglos).
358. On El Teatro Campesino, and its relation to the carpa (tent theatre) tradition, which consisted of traveling shows of skits, lampoons, and social satire, see YOLANDA BROYLES-GONZALES, EL TEATRO CAMPESINO: THEATER IN THE CHICANO MOVEMENT 48 (1994), which explains the traditional nature and origins of such performances;
359. Jorge Huerta, When Sleeping Giants Awaken: Chicano Theatre in the 1960s, 43 THEATRE SURV. 1, 25-26 (2002), which describes the origins of the performances.
360. See, e.g., KANELLOS, supra note 92, at 106-30 (discussing turmoil on the Texas-Mexican border-"Roots of Resistance");
361. JOSÉ LIMON, MEXICAN BALLADS, CHICANO POEMS 24-25 (1992) (noting corridos about Gregorio Cortez and Texas Rangers and border men);
362. PAREDES, supra note 193, at 29, 32-37, 43 (describing the brutal actions of Texas Rangers);
363. AMERICO PAREDES, FOLKLORE AND CULTURE ON THE TEXAS-MEXICAN BORDER 29 (1993) (mentioning a corrido which details the actions of Texas Rangers);
364. AMERICO PAREDES, WITH HIS PISTOL IN HIS HAND xvii, 30-33 (6th prtg. 1986) (recounting the brutality of Texas Rangers).
365. See REBECCA THATCHER MURCIA, AMERICO PAREDES 8, 24 (2003) (describing the reaction of the Anglo world, including publishers, to Paredes' criticism of the Texas Rangers as little more than brutal, Mexican-hating thugs). Anglo society, of course, had constructed them as larger-than-life heroes. Paredes was the first to uncover how they colluded with unscrupulous squatters to drive Mexican Americans off their lands in Texas, and "shot first and asked questions later." He also wrote about how they could not catch Gregorio Cortez after chasing him hundreds of miles across central and southern Texas. Id. passim.
366. See also PAREDES, supra note 193, at 31 (describing Gregorio Cortez' flight from Texan authorities). An historian, Paredes studied the actos, corridos, and decimas - ten - line stanzas-of the Texas Mexican-American community, some of which his own family had sung for generations.
367. MURCIA, supra, at 24-27.
368. (MGM Studios 1982);
369. see also LIMON, supra note 194, at 17 (explaining the heroic depiction of Cortez);
370. PAREDES, supra note 193, at 31, 66 (noting a corrido about Gregorio Cortez);
371. RIVERA, supra note 97, at 137-39 (describing the historical impact of Cortez).
372. E.g., PAREDES, supra note 193, at xviii, 59 (describing songs about Mexican-American experiences with Anglo "conquerors" and American settlers in the mid-eighteenth century).
373. Id.;
374. see also KANELLOS, supra note 92, at 130-75.
375. Compare Delgado & Stefancic, Images, supra note 44, at 1273-75 (describing cultural images of thieving Mexicans),
376. with PAREDES, supra note 193, at 21 (describing corridos of AngloAmerican raiders and cattle thieves),
377. and id. at 32, 35, 66, 69-70, 90 (describing Anglos as cowardly and unwilling to fight when a Mexican stood up for his rights).
378. See PAREDES, supra note 193, at 21-30 (detailing the theme of Anglo hypocrisy).
379. See id. at 30-31 (noting that reports about lynchings of Mexicans in Texas caused antiAmerican riots in Mexico City in the early twentieth century).
380. See PAREDES, supra note 193, at 31-33 (detailing the actions of Gregorio Cortez);
381. RIVERA, supra note 97, at 144, 146, 155-56 (describing uprisings and armed resistance);
382. supra notes 193-95 and accompanying text (describing Anglo mistreatment of Latinos and the uprisings that followed).
383. PAREDES, supra note 193, at 32-33;
384. RIVERA, supra note 97, at 145-46.
385. E.g., KANELLOS, supra note 92, at 7 (noting border ballads about "social rebels" such as Joaquin Murieta);
386. see also Royal Chicano Air Force Homepage, http://www.chilipie. com/rcaf/ (last visited Sept. 1, 2007) (describing repertory and history of an indigenous group of Chicano artists, novelists, and satirists).
387. See MARIA HERRERA SOBEK, THE BRACERO EXPERIENCE: ELITLORE VERSUS FOLKLORE 77 (1979) (recounting the corrido La Triste Situacion [The Sad Situation], in which border-crossing Mexicans, desperate for work, suffer apprehension by the authorities, and are transferred to jail where they are fed hot water and oatmeal);
388. id. at 99-101 (describing El Corrido de los Mojados [The Tale of the Wetbacks], which notes a similar tale of misfortune);
389. id. at 112-13 (recounting Lamento de un Bracero [Bracero's Lament], in which a bracero rancher is taken prisoner). The lyrics of these songs underscore the plight of the Latino: The light skinned men are very wicked, they take advantage of the occasion, And all the Mexicans are treated without compassion . . . Goodbye, beloved countrymen, we are being deported But we are not bandits, we came to work.
390. LOS HERMANOS BAÑUELOS, El Deportado, Pt. 1-2, on CORRIDOS & TRAGEDIAS DE LA FRONTERA (Arhoolie Records 1994);
391. see also ELIJAH WALD, NARCOCORRIDO: A JOURNEY INTO THE MUSIC OF DRUGS, GUNS AND GUERRILLAS 42-65, 267-71 (2001) (recounting derring-do among the drug trade).
392. Interview with Anonymous in Truckee, Cal. (n.d.).
393. See KANELLOS, supra note 92, at 7-8 (describing the emergence of such newspapers and their attempts to present an image of refinement and education).
394. Treaty of Guadalupe Hidalgo, supra note 133;
395. see ACUÑA, OCCUPIED AMERICA, supra note 15, at 53-56, 369 (discussing the Treaty of Guadalupe Hidalgo);
396. MALCOLM EBRIGHT, LAND GRANTS AND LAWSUITS IN NORTHERN NEW MEXICO 34, 38-39, 45-50 (1994) (discussing the treaty and land claims that followed). Anglos, of course, tell the same stories, but from the opposite direction.
397. See, e.g., Stephen Crane, A Man and Some Others, 53 CENTURY MAG. 601, 601-07 (1897) (relating a story in which a Mexican confronts an Anglo cowboy and asks him to leave his land, or else, at which point the nameless Mexican brute kills Bill when he proudly refuses to leave);
398. see also RIVERA, supra note 97, at 75 (discussing this narrative). In 1915, El Plan de San Diego, a south Texas radical reform movement to free Mexican land from Anglo capitalism-by violent overthrow if necessary-led to two dozen battles and raids before U.S. forces put it down. The Mexican insurgents, fully aware of their danger, called themselves "Los Sediciosos" and aimed to avenge a half-century of repression and restore lost lands. Their exploits, including burning railroad buildings, destroying bridges and Anglo-owned ranches, cutting telegraph lines, and freeing branded cattle, live on in cultural memory.
399. See the corrido Los Sediciosos in PAREDES, supra note 193, at 72-73, for a description of this group of insurgents.
400. See ACUÑA, OCCUPIED AMERICA, supra note 15, at 333, 361, 368-71 (discussing Reies López Tijerina and his crusades against unjust land allocation).
401. See David Curtin, Home Again, But It's Changed After 45 Years, DENVER POST, Aug. 8, 2005, at Al (describing the "Taylor Ranch" litigation, which gave descendents of Mexican settlers land-use rights to ancestral grazing land in Colorado).
402. See U.S. GOV'T ACCOUNTABILITY OFFICE, supra note 90, at 167-68 (noting that one possible option is simply to return U.S. government-owned land under the control of the Forest Service to the descendants of the Mexican settlers).
403. See Delgado, Remonstrance, supra note 1, at 278 (describing Paul Butler's use of radio and television to popularize his thoughts on jury nullification).
404. See Richard Delgado, Si Se Puede, But Who Gets the Gravy?, 11 MICH. J. RACE & L. 9, 9-20 (2006) (introducing the concept of "Critical Rap Theory").
405. 347 U.S. 475, 476-82 (1954);
406. see Delgado, Rodrigo's Roundelay, supra note 3, at 25-65 (describing how the case influenced Rodrigo's "interest-convergence hypothesis").
407. Mabo v. Queensland II (1992) 175 C.L.R. 1;
408. see Nick Squires, Historic Court Ruling Returns Desert Homeland to Aborigines, S. CHINA MORNING POST, July 2, 2005, at 8 (noting the return of thousands of square kilometers of Australian land to indigenous inhabitants);
409. The Day Our History was Retold, CANBERRA TIMES (AUSTL.), July 16, 2005, at A2 (describing the impact of the court's decision and the rejection of terra nullius).
410. I thought of Indian revolts in Oaxaca, Zapatistas in Mexico, peasant movements throughout Latin America, and Indian villagers uniting in opposition to mega-dams. See ARUNDHATI ROY, THE COST OF LIVING 10-81 (Modern Library 1999) (1992) (describing opposition to the building of a controversial dam on the Narmada river in India). Additionally, I thought of the host of postcolonial writers Rodrigo mentioned who are searching for new ways to frame third world struggles.
411. E.g., SINGH, supra note 33, at 174-211 (noting problems faced by African-Americans in contemporary, "postcolonial" America);
412. James V. Fenelon & Thomas D. Hale, Indigenous Struggles over Autonomy, Land, and Community, in LATINOS AND THE WORLD SYSTEM 107-22 (Ramon Grosfoguel et al. eds., 2006) (explaining the continuing struggles of indigenous peoples);
413. supra text accompanying note 23 (comparing police actions dealings with minorities to those of colonial powers). I thought of the protests that broke out, in this country and elsewhere, against the World Trade Organization ("WTO") and International Monetary Fund ("IMO") for their part in advancing Western hegemony at the expense of farmers and ordinary people in the developing world.
414. See A'an Suryana, Farmers Struggle against WTO, IMF, DJAKARTA POST, Apr. 3, 2002, available at http://www.tradeobservatory.org/headlines.cfm?refID=17346. Rodrigo's highlighting of the continuity between all these struggles and domestic racism offered, I thought, a fruitful way to bring the two bodies of antisubordination theory together and enrich both. In particular, I thought that Rodrigo's insight that domestic racism allows the public more readily to accept imperialistic policies overseas and wars of aggression-because those who bear their brunt are invariably black or brown-possessed real explanatory power. At a minimum, it supplied a starting point for conversations between U.S. civil rights scholars and their overseas counterparts.
415. In particular, could they deem his notion, of racism against Latinos as taking the form of a triple taboo, itself taboo-too unflattering for majoritarian scholars to contemplate? See, e.g., Richard Delgado, White Interests and Civil Rights Realism: Rodrigo's Bittersweet Epiphany, 101 MICH. L. REV. 1201, 1207-24 (2003) (observing that using the "R" word is now anathema in certain circles and that the new purpose of civil rights law is to protect whites and their feelings, not the wellbeing and freedom of blacks, Latinos, and women);
416. see also ANN STOLER, HAUNTED BY EMPIRE: GEOGRAPHIES OF INTIMACY IN NORTH AMERICAN HISTORY 1-20 (2006) (pointing out empire's persistence and flexibility).