UIC Law Review

Volume 47 Issue 4 Article 3

Summer 2014

The Contemporary Assault on Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014)

Ronald Mize

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Recommended Citation Ronald Mize, The Contemporary Assault on Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014)

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THE CONTEMPORARY ASSAULT ON ETHNIC STUDIES

RONALD L. MIZE 1

I. 1980s Culture Wars: A Precursor ...... 11921193 II. 21st Century Kulturkampf, Arizona-Style ...... 11961197 III. Forbidden Knowledge: Threatening White Privilege's Historical Amnesia ...... 12011202 IV. Allegory of Don Rafael, Connecting Past and Presen...... 12041204 V. Chronology of Events Pertaining to Don Rafael Case, 1954 ...... 1208

Ethnic studies once again finds itself in the crosshairs of conservative Republicans hell-bent on preserving white privilege and power by defining “being American” as synonymous with their possessive investment in whiteness. 2 The U.S. culture wars, rearing its ugly head in its fullest form in the late 1980s, never seem to go away but simply resurface every decade or so in a new context. It is much like cultural critic George Lipsitz describes as: “There has always been racism in the United States, but it has not always been the same racism. Political and cultural struggles over power have shaped the contours and dimensions of racism differently in different eras.” 3 By its organizational design of de-centering and coalition building, 4 LatCrit acknowledged the culture wars in the early 2000s with their “Countering Kulturkampf” theme at LatCrit IX Conference. 5 U.S. culture wars origin stories vary, but one

1 Associate Professor of Language, Culture and Society and the Director of the Center for Latino/a Studies and Engagement (CL@SE) at Oregon State University. 2 See generally GEORGE LIPSITZ, THE POSSESSIVE INVESTMENT IN WHITENESS 4-5 (1998) (analyzing what is at stake when we see white privilege defended, under what he deems the white spatial imaginary). 3 Id. In a similar fashion, Lipsitz is fond of riffing Malcolm X’s famous line, “Racism is like a Cadillac, they bring out a new model every year.” Id. at 182. 4 See generally Margaret E. Montoya & Francisco Valdes, “Latinas/os” and The Politics of Knowledge Production: LatCrit Scholarship and Academic Activism as Social Justice Action, 83 IND. L.J. 1197 (2008) (explaining the structure, goals, and methodology of groups in the LatCrit movement). 5 See generally Charles R. Venator Santiago, Countering Kulturkampf Politics Through Critique And Justice Pedagogy, 50 VILL. L. REV. 50 (2005) [hereinafter Santiago] (describing the politics of Kulturkampf); Charles R. Venator Santiago, Countering Kulturkampf Politics Through Critique and Justice Pedagogy, Race, Kulturkampf, and Immigration, 35 SETON HALL L.

11891188 1190Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 11901168 Studies Vol. 118947:4 generallydifferent fromagreed its -uponpredecessors, starting particularly point stems since from it hadthe theinfamous benefit speechof two yearsby then of planning.-presidential candidate Patrick Buchanan in 1992 declaringLike thethe cultureshift in war: conference “There isscheduling, a religious otherwar going changes on in have our takencountry place for thewithin soul theof America.LatCrit entityIt is a, includingcultural war, concerted as critical efforts to tothe continue kind of nationa process we ofwill institutionalization. one day be as was In the recent Cold Waryears, itself.” there6 hasBuchanan’s been a growingsentiments focus were on morehow tofully capitalize articulated on its in critical the writings niche, continueof Allan Bloom,cultivating William the J.next Bennett, generation E.D. Hirsch,of critical Dinesh scholars, D’Sousa, and ensureand Dianne that Ravitchthe bato (beforen of outsider her recent jurisprudence conversion). is7 Conservativespassed along. Internally, the organization has shifted, including a gradual changing of the guard in leadership, so to speak, as well as a REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and downsizingtheir politics inwith administration. regard to education, For raceexample, and immigration); from 2008 Franciscoto the present,Valdes, Culture the Board by Law: of BacklashDirectors as was Jurisprudence intentionally, 50 Vdownsized,ILL. L. REV . with1135 a(2005) growing [hereinafter number Valdes, of BoardJurisprudence seats being] (explaining occupied the consequencesby junior law of professors.backlash Kulturkampf6 on law and society); Francisco Valdes, "We Are Now of the View":Another Backlash major Activism, development Cultural Cleansing,is LatCrit’s and theacquisition Kulturkampf of toa Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter physicalValdes, Old space Deal] (describingfor the organization. recent culture warThe cases property, and their Campo effect); DeniseSano (SpanishFerreira da for Silva, “Camp Introduction: Healthy,” The or Globalmore literally,Matrix and “Camp the Predicament Sanity”), isof a"Postmodernisms": ten-acre parcel An of Introductionland located to inthe Central Critique Florida.of Kulturkampf7 Purchased, 35 SETON by LatCritHALL L. RinEV .2011, 1281 (2005)the space (explaining is home the crtoiticisms The Livingof Kulturkampf); Justice CenterMartha andT. McCluskey, the LatCrit How Community Equality BecameCampus. Elitist:8 The Thephysical Cultural facility Politics serves of Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)as a means(analyzing “to culture level thewars playing from an fieldeconomic and standpoint);give LatCrit Sylvia activists R. Lazos a 9 Vargafightings, "Kulturkampf[s]" chance to be heard.” or "fit[s] The of spite"?:space isTaking intended the Academic Culture Wars Seriously, 35 SETON HALL L. REV. 1309 (2005) (explaining the need to take academicto serve culture as thewars hub seriously); of their Guadalupe educational, T. Luna, research, Introduction: Kulturkampfadvocacy Revelations, and activism Racial Identitto remedyies and the Colonizing imbalance Structures and , 35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Other scholarlydeficiencies works of explore the thecurrent legal relationshiplegal system. between Having Native Americanan and Blackindependent identities physicaland Kulturkampf base has. Seebecome Carla D.critical Pratt, asTribal Kulturkampf:universities The Role and of law Race schools Ideology increasingly in Constructing are Nativeeven lessAmerican Identity, 35 Seton Hall L. Rev. 1241, PAGE# (2005) (examining the law’s narrative use of white supremacy and black inferiority to shape Native American identities). Naming6 J AMESand LaunchingD. HUNTER a &New ALAN Discourse WOLFE , ofIS CriticalTHERE LegalA CULTURE Scholarship WAR? , A2 DHIALOGUEARV. LATINO ON VL.ALUES REV. 1AND (1997). AMERICAN PUBLIC LIFE 1 (E.J. Dionne, Jr. Michael CromartieSee also eds., LatCrit 2006). Biennial Conferences, LATCRIT: LATINA & LATINO CRITICAL7 See generallyLEGAL T HEORYALLAN, BILOOMNC., ,http://latcrit.org/content/conferences/latcrit THE CLOSING OF THE AMERICAN MIND- biennial(1988) (explaining-conferences/ how (last the visited American July 5, higher 2013) (providingeducation astudent’ list of thes souls previous are conferences,impoverished anddue providingto the higher direct education links to system view symposfailing democracy);ia articles for D INESHsome D’SyearsOUZA (found, ILLIBERAL by following EDUCATION the; TrespectiveHE POLITICS year’s OF RlinkACE ANDto its S EXcorresponding ON CAMPUS webpage).(1998) [hereinafter D’SOUZA 1998] (discussing how race and gender politics affectAdditionally, scholarship); LatCrit DINE SHhas D’S developedOUZA, T HEa substantialEND OF R ACISMbody :of P RINCIPLESscholarship F ORfrom A MseveralULTICULTURAL other stand SOCIETY-alone symposia:(1995) [hereinafterinter alia the D’SSouthOUZA-North 1995] Exchange, (examining the whetherStudy Space racial Series, prejudice the Internationalis an inherent and orComparative learned trait); Colloquia. E.D. HLatCritIRSCH, CSymposiaULTURAL, LATITERACYCRIT: : LATWCHATRIT : ELVERYATINA A&MERICAN LATINO NCEEDSRITICAL TO L EGALKNOW T HEORY(1988), I(arguingNC., http://latcrit.org/content/publications/latcrit that America is failing to teach children-symposium/ the basic knowledge (last visitedthat is requiredJuly 5, 2014). to function in society); DIANNE RAVITCH, NATIONAL STANDARDS IN AMERICAN6 These E DUCATIONinclude Profe: A CssorsITIZEN Marc'S G-UIDETizoc (1990)González, [hereinafter Andrea RFreeman,AVITCH 1990] and César(analyzing Cuahtémoc the history, García Hernández.purpose, and See Abouteffects LatCritof nationalized, supra note education 3 (listing thestandards); professors DIANNE on the RAVITCH LatCrit, T HEBoard REVISIONISTS of Directors REVISED and their: A C RITIQUErespective OF THElaw schools).RADICAL ATTACK ON THE SCHOOLS (1978) [hereinafter RAVITCH 1978] (rebutting7 Campo critiques Sano, thatLAT CpublicRIT: L ATINAschools AND are LtoolsATINO used CRITICAL by the LgovernmentEGAL THEORY to, IoppressNC, http://www.latcrit.org/content/campo individuals). Seemingly following-sano/ the lead (last of visited Ariana July Huffington 5, 2014). in the recognition8 Id. of their past errors, Ravitch’s most recent two books are rebukes of the 9exact Id. changes in education she advocated at the height of the culture wars. Vol.1190 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1190 Studies Vol.1191 118947:4 generallywaging theagreed culture-upon warsstarting posit point natural stems lawfrom and the normativeinfamous speechuniversalism by then via-presidential the Western candidate Tradition, Patrick most Buchanan often reduced in 1992 to declaringindividualism, the culture as quintessentially war: “There is ‘American’a religious warforms going that on citizens in our countryand institutions for the soul take. of America.Institutions It iswhere a cultural the culture war, as wars critical were to thewaged kind includeof nation the we willmedia, one dayreligion, be as waspublic the Coldschools, War itself.”higher6 Buchanan’seducation, arts, sentiments public weresphere, more judiciary, fully articulated family, women’s in the writings bodies, ofand Allan politics. Bloom, “Cumulatively, William J. Bennett, these E.D.debates Hirsch, concerning Dinesh theD’Sousa, wide andrange Dianne of social Ravitch institutions (before her amounted recent conversion). to a struggle7 Conservatives over the meaning of America.” 8 The response by scholars has been far- reaching and thorough from education, cultural studies, sociology, EV R . 1155 (2005) [hereinafter Santiago,9 Race] (analyzing culture wars and theirlaw, politicalpolitics with science, regard and to history.education, race and immigration); Francisco Valdes, Culture by Law: Backlash as Jurisprudence, 50 VILL. L. REV. 1135 (2005) [hereinafter Valdes, Jurisprudence] (explaining the consequences of backlashSee DIANNE Kulturkampf RAVITCH, TonHE lawDEATH and ANDsociety); LIFE FranciscoOF THE G REATValdes, AMERICAN "We Are SNowCHOOL of theSYSTEM View":: H OWBacklash TESTING Activism, AND C HOICECultural A RECleansing, UNDERMINING and the E DUCATIONKulturkampf (2010) to Resurrect[hereinafter the R AVITCHOld Deal 2010], 35 (arguingSETON H thatALL L.schools REV . should1407 (2005) not be[hereinafter ran on a Valdes,corporate Old model Deal ] and(describing that educators, recent culture not politicians,war cases andshould their make effect); decisions Denise Ferreiraabout schools); da Silva, D IANNEIntroduction: RAVITCH The, R GlobalEIGN OF Matrix ERROR and: T theHE PredicamentHOAX OF THE of "Postmodernisms":PRIVATIZATION MOVEMENT An Introduction AND THE to D theANGER Critique TO A MERICAof Kulturkampf'S PUBLIC, 35SCHOOLS SETON H(2013)ALL L. [hereinafter REV. 1281 (2005)RAVITCH (explaining 2013] (proposingthe criticisms education of Kulturkampf); reforms suchMartha as T.creating McCluskey, early childhoodHow Equality education Became programs, Elitist: taking The measuresCultural Politicsto directly of Economicscombat child from poverty, the Court and tohaving the "Nanny schools Wars", provide). 35 S ETONWilliam HALL J. L.Bennett REV. 1291 has (2005)sustained (analyzing the longest culture mileage wars from fighting an economic the culture standpoint); wars. See Sylvia WILLIAM R. Lazos J. VargaBENNETTs, "Kulturkampf[s]", BOOK OF VIRTUES or : "fit[s]A TREASURY of spite"?: OF TakingGREAT MtheORAL Academic STORIES Culture (1993) Wars(using Seriously short stories, 35 StoETON aid childrenHALL L. inR EVdeveloping. 1309 (2005) what (explaining he considers the to need be the to takeessential academic character culture traits wars of seriously);a good person); Guadalupe BENNETT T. Luna,, MORAL Introduction: COMPASS: KulturkampfSTORIES FOR Revelations,A LIFE’S J OURNEYRacial Identit(1995)ies (providing and Colonizing more stories Structures to teach, 35 SchildrenETON H toALL act L. inR EVthe. 1191manner (2005) that (focusing he considers on the mora politicslly correct). of racial William identity). J. OtherBennett scholarly followed works his early explore works the withlegal hisrelationship Children’s between Book series Native that American sought andto instill Black in childrenidentities the and moral Kulturkampf code that . heSee believed Carla toD. be Pratt,virtuous. Tribal See Kgenerallyulturkampf: BENNETT The Role, THE of BRaceOOK IdeologyOF VIRTUES in Constructing FOR YOUNG Native PEOPLE American (1997) Identity(illustrating, 35 viSetonrtuous Hall character L. Rev. traits 1241, through PAGE# examining(2005) (examining inspiration the stories law’s narrativethat appeal use to youngof white adults); supremacy WILLIAM and J. BblackENNETT inferiority, THE CHILDREN to shape’S B OOKNative OF AmericanVIRTUES (1995) identities (providing). selected stories that appeal to children to introduce children6 J AMESto morally D. H UNTERvirtuous & traitsALAN suchWOLFE as, honestyIS THERE and A loyalty);CULTURE B WENNETTAR? A, DTHEIALOGUE CHILDREN ON V'SALUES BOOK ANDOF AAMERICAMERICAN (1998) PUBLIC (teaching LIFE 1 (E.J.children Dionne, the historyJr. Michael and Cromartievirtues of Americaeds., 2006). by combining history and art to tell the stories of American heroes);7 See B ENNETTgenerally, T HEALLAN CHILDREN BLOOM'S , BTOOKHE OFCLOSING FAITH (OF2000) THE (presenting AMERICAN pra MyersIND (1988)and bible (explaining passages howwith the art Americanto teach higherchildren education about faith); student’ BENNETTs souls, TareHE impoverishedCHILDREN'S B OOKdue toOF theHEROES higher (1997) education (emphasizing system failingtraits suchdemocracy); as courage DINESH and D’ScompassionOUZA, ILLIBERAL through EtheDUCATION use of ;heroic THE PrealOLITICS and fictionalOF RACE stories); AND SEX BENNETT ON CAMPUS, THE (1998)CHILDREN [hereinafter'S BOOK OF D’S HOUZAOME 1998AND ]F AMILY(discussing (2002) how (using race fables and andgender prayers politics to affectteach scholarship);children moral DINE lessonsSH D’S OUZAabout, TtheHE EhomeND OF and RACISM family,: P RINCIPLESsuch as valuingFOR A MfamilialULTICULTURAL relationships SOCIETY and loyalty);(1995) [hereinafterBENNETT, T HED’S COUZAHILDREN 1995]'S T REASURY(examining OF whetherVIRTUES racial(2000) prejudice(aiding childrenis an inherentto develop or alearned sound trait);moral E.D.compass HIRSCH by, CexplainingULTURAL theLITERACY virtuous: W HATcharacter EVERY traits AMERICAN apparent N inEEDS fables). TO MostKNOW recently, (1988) (arguingBennett servedthat America as a commentator is failing to on teach Fox Newschildren and the a morning basic knowledge radio program. that is required8 HUNTER to function & WOLFE in, suprasociety); note D 6,IANNE at 14. R AVITCH, NATIONAL STANDARDS IN AMERICAN9 See, Ee.g.DUCATION, HUNTER: A &CITIZEN WOLFE'S ,G UIDEsupra (1990) note [hereinafter6 (providing R aAVITCH sociolog 1990]ical (analyzingperspective); the GARY history, NASH ETpurpose, AL., H ISTORYand ONeffects TRIAL of: CULTUREnationalized WARS education AND THE standards);TEACHING OF DIANNE THE RPAVITCHAST (2000), THE R(examiningEVISIONISTS the REVISED purpose: A CbehindRITIQUE teaching OF THE RchildrenADICAL history);ATTACK TONHE ATHEMERICAN SCHOOLS CULTURE (1978) W ARS[hereinafter: CURRENT RCAVITCHONTESTS 1978] AND (rebuttingFUTURE P ROSPECTScritiques (Jamesthat public L. Nolan schools ed., are 1996) tools (exploring used by presentlythe government contested to oppresscultural individuals).issues to forecast Seemingly which following issues willthe leadbe the of Arianabasis for Huffington future cultural in the recognitionwars); ROBERT of their A. R HOADSpast errors,, FREEDOM Ravitch’s'S W EBmost: S TUDENTrecent two ACTIVISM books are IN ANrebukes AGE OFof theCULTURAL exact changes DIVERSITY in education(1998) (arguing she advocated that present at the-day height student of the activism culture wars.has a 1192Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 11921168 Studies Vol. 119147:4 differentAs fromLipsitz its identifies,predecessors, racism particularly changes since from it hadgeneration the benefit to geof nerationtwo years but of planning.it also varies greatly by geography along spatial lines.Like10 Under the shift the guisein conference of neoliberalism, scheduling, Arizona other Republicans changes have are takenoperating place a withinclear politicsthe LatCrit of exclusion. entity, including They use concerted their political efforts topower continue to marginalize a process of anyoneinstitutionalization. who questions In recenttheir years,self-claimed there hascitizenship been a growingrights to focus historical on how amnesia to capitalize and onadhere its critical to a whiteniche,- continuewashed historycultivating told the by next those generation in power. of critical Today, scholars, neoliberal and ensurenativism that11 playsthe batooutn ofin outsiderArizona’s jurisprudence 2010 culture is warspassed ledalong. by Internally,Republican electedthe organization officials Russell has Pearce,shifted, Tom including Horne, Sheriffa gradual Joe changingArpaio, Johnof the Huppenthal, guard in leadership,Jan Brewer, so toand speak, Lori asKlein. well asThe a downsizinglegislation thatin administration.Tom Horne and ForRussell example, Pearce from have 2008introduced to the – present,including the “Homeland Board of SecurityDirectors Bill”was (SB1108),intentionally “Support downsized, Our withLaw aEnforcement growing number and Safeof Board Neighborhoods seats being Act” occupied (SB1070), by junior and lawthe professors.ethnic studies6 ban (SB2281) -- constitutes part of the context of racist,Another anti-immigrant major developmentrhetoric in Arizonais LatCrit’s state law. acquisition of a physicalWithin space LatCrit, for the Kevin organization. Johnson, LeticiaThe property, Suacedo Campoand Richard Sano (SpanishDelgado foridentify “Camp what Heal thy,”is at orstake more forliterally, the constituencies “Camp Sanity”), that is acritical ten-acre race parcel theory of andland LatCritlocated represin Centralent. 12 Florida.Racial 7profiling Purchased in theby LatCritenforcement in 2011, of immigrationthe space is lawhome (SB1070) to The Livingand the Justice banning Center of andethnic the studies, LatCrit specifically Community targeting Campus. the8 The Mexican physical American facility studiesserves programas a means at Tucson“to level Unified the playing School field District and give (HB2281), LatCrit provide activists the a legalfighting context chance tofor be heard.”fomenting9 The spaceanti- Me is intendedxican, anti-immigrant sentiments and actions. toEmbedded serve as in thethe hubanti -ofethnic their studies educational, discourse research, of Arizona advocacy and activism to remedy the imbalance and deficiencies of the current legal system. Having an significant connection to the activism of previous generations); DAVID YAMANEindependent, STUDENT M OVEMENTSphysical FORbase M ULTICULTURALISMhas become : CcriticalHALLENGING as THE CURRICULARuniversities COLOR andLINE lawIN HschoolsIGHER EincreasinglyDUCATION (2002) are (describingeven less how mandatory multicultural general education requirements at colleges affect racism on campus). 10 Lipsitz elaborates on this thread in his follow up work. See generallyNaming ,GandEORGE Launching LIPSITZ a, HNewOW RDiscourseACISM TAKES of CriticalPLACE (2011)Legal (exploringScholarship how, 2 HdeARV facto. LATINO segregation L. REV . perpetuates1 (1997). racism by denying specific races access to educationSee also and employmentLatCrit Biennial opportunities Conferences that ,other LAT areasCRIT: enjoy).LATINA & LATINO CRITICAL11 See RonaldLEGAL L.T HEORYMize &, GraceINC., Peñahttp://latcrit.org/content/conferences/latcrit Delgado, LATINO IMMIGRANTS IN THE- UbiennialNITED -conferences/STATES 124 (last-32 visited(2012) July (exploring 5, 2013) (providingneoliberalism a list ofnativism the previous and globalization);conferences, andRonald providing L. Mize,direct Interroglinks toating, view Race,sympos Class,ia articles Gender for someand Capitalismyears (found Along by followingthe U.S.- Mexicothe respective Border: Neoliberalyear’s link Nativism to its corresponding and Maquila Modeswebpage). of Production, 15 RACE, GENDER, & CLASS, no. 1/2, 2008, at 134-55 (examiningAdditionally, the effectLatCrit neoliberalism has developed nativism a substantial played inbody militarizing of scholarship the border from aseveralnd the otherconsequences stand-alone thereof). symposia: inter alia the South-North Exchange, the Study12 RichardSpace Series, Delgado, the Precious International Knowledge: and ComparativeState Bans onColloquia. Ethnic Studies,LatCrit BookSymposia Traffickers, LATCRIT (Librotraficantes),: LATCRIT: LATINA and &a NewLATINO Type C RITICALof Race TrialLEGAL, 91 T N.C.HEORY L., RINCEV.,. 1513http://latcrit.org/content/publications/latcrit (2013); Francis J. Mootz and Leticia-symposium/ M. Saucedo, (lastThe “Ethical”visited SurplJuly 5,us 2014). of the War on Illegal Immigration, 15 J. Gender Race & Just. 257 (2012),6 These available include at Profehttp://ssrn.com/abstract=2042688ssors Marc-Tizoc González, ;Andrea see also Freeman, Kevin andR. CésarJohnson, Cuahtémoc A Case StudyGarcía of Hernández. Color-Blindness: See About The RaciallyLatCrit, Disparatesupra note Impacts 3 (listing Of theArizona’s professors SB 1070 on Andthe TheLatCrit Failure Board of Coof mprehensiveDirectors and Immigration their respective Reform, law 2 schools).UC Irvine L. Rev. 313 (2010), available at http://ssrn.com/abstract=1695236 (parenthetical);7 Campo Sano Lupe, L SAT Salinas,CRIT: L ATINAArizona's AND Desire LATINO to CEliminateRITICAL L EthnicEGAL T StudiesHEORY, Programs:INC, http://www.latcrit.org/content/campo A Time to Take the Pill and -tosano/ Engage (last Latino visited Students July 5, 2014).in Critical Education8 Id. about Their History, 14 HARV. LATINO L. REV. 301 (2011) (giving examples9 Id. where a state has sought to ban the study of a cultural heritage). Vol.1192 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1192 Studies Vol.1193 118947:4 generallyare the threadsagreed -uponthat connectstarting Kulturkampf,point stems perceivedfrom the threatsinfamous to speechwhite privilege,by then- presidentialfundamental candidate truth claimsPatrick aboutBuchanan cultural in 1992and declaringhistorical theawareness, culture war: and “There the castigation is a religious of warethnic going studies on in andour countryracialized for communities/scholarsthe soul of America. It asis aalways cultural somehow war, as critical“lesser.” to theStarting kind withof nation the recent we will contribution one day be in as the was Presumed the Cold WarIncompetent itself.” 6 Buchanan’scollection, 13 sentimentsI build on werethose more insights fully toarticulated demonstrate in thehow writings ethnic ofstudies Allan becomesBloom, William defined J.as Bennett, “lesser” E.D.based Hirsch, on master Dinesh frames D’Sousa, of andincompetence Dianne Ravitch deployed (before by aher racialized, recent conversion). institutionalized7 Conservatives logic of higher education. Why is ethnic studies knowledge deemed dangerous? I end by REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theirexplaining politics recentwith regard developments to education, and race contours and immigration); in ethnic Franciscostudies Valdes,scholarship Culture anbyd Law:provide Backlash an as Jurisprudenceexample from, 50 VILLan. L.allegorical REV. 1135 (2005)deportation [hereinafter case Valdes,that connectsJurisprudence past] (explainingand present, the consequences theory and of backlashpractice, Kulturkampf academia on andlaw andcommunity, society); Francisco and Valdes,unjust "We Arelaw Now and of themovements View": Backlash for social Activism, justice Cultural (all Cleansing,quintessentially and the ethnicKulturkampf studies to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,activities). Old Deal ] (describing recent culture war cases and their effect); Denise Ferreira da Silva, Introduction: The Global Matrix and the Predicament of "Postmodernisms":I. An1980 IntroductionS CULTURE to WtheARS Critique: A PRECURSOR of Kulturkampf , 35 SETON HALL L. REV. 1281 (2005) (explaining the criticisms of Kulturkampf); Martha T. McCluskey,The first Howshots Equality fired in Became the culture Elitist: warsThe wereCultural part Politics of what of ETON ALL EV Economics from the Court to the "Nanny Wars",14 35 S H L. R . 1291 (2005)Valdes (analyzing identifies culture as warsbacklash from anpolitics economic standpoint);challenging Sylvia the R. gainsLazos Vargafoughts, "Kulturkampf[s]"for during protest or "fit[s] movements of spite"?: Takingseeking the women’sAcademic Culturerights, Warsminority Seriously civil, 35rights, SETON anti HALL-war L. RforeignEV. 1309 policy, (2005) (explainingdecolonizing the huneedman to takerights, academic LGBT culturerights, wars and seriously);New Left Guadalupe politics. T.Though Luna, Buchanan’sIntroduction: Kulturkampfpresidential Revelations,candidate speechRacial Identitis a ieskey and marker, Colonizing a bookStructures released, 35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Otherfour yearsscholarly previously works explore set the legaltone relationship for white betweenmale privilege Native American angst. andThe BlackClosing identities of the andAmerican Kulturkampf Mind. , Seecharted Carla a D.wide Pratt, range Tribal of Kpoulturkampf:sitions that The would Role embodyof Race socialIdeology conservatism in Constructing well Native into theAmerican next Identitycentury., 35The Seton belief Hall in L. American Rev. 1241, exceptionalism,PAGE# (2005) (examining the superiority the law’s of narrativeWestern userationality, of white supremacynatural law, and andblack rightsinferiority adhering to shape only Native to American identities). individuals continue to shape the culture wars debate today. 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A DBIALOGUEloom states, ON VALUES “For ANDthe A MERICANFounders, PUBLIC minorities LIFE 1 (E.J. are Dionne, in general Jr. Michael bad Cromartiethings, namely eds., 2006). identical to factions, selfish groups who have no concern7 See asgenerally such forALLAN the BcommonLOOM, THE good.” CLOSING15 For OF Bloom,THE A MERICANthe common MIND (1988)good could(explaining only howbe understood the American as higherthe reinstallation education student’ of naturals souls laware impoverished due to the higher education system failing democracy); DINESH qua rights of the individual. His vehemently anti-minority stance D’SOUZA, ILLIBERAL EDUCATION; THE POLITICS OF RACE AND SEX ON CAMPUS (1998)is not [hereinaftertotalizing, D’SbutOUZA countering 1998] (discussing what hehow sees race as and the gender excesses politics of affectrelativism, scholarship); which D INEis SHreflected D’SOUZA , inTHE his E NDcall OF toRACISM protect: PRINCIPLES the majority FOR A MfromULTICULTURAL those “bad S OCIETYminorities” (1995) seeking [hereinafter group D’Srights.OUZA He1995] ident (examiningifies the whetherUnited racialStates prejudice as the is cityan inherenton the orhill, learned attendant trait); E.D. with HIRSCH the, CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW (1988) (arguingperfectability that America thesis is failingof American to teach childrenexceptionalism, the basic knowledge and staunch that is required to function in society); DIANNE RAVITCH, NATIONAL STANDARDS IN AMERICAN EDUCATION: A CITIZEN'S GUIDE (1990) [hereinafter RAVITCH 1990] (analyzing13 PRESUMED the history,INCOMPETENT purpose,: THE andINTERSECTIONS effects of OFnationalized RACE AND CeducationLASS FOR standards);WOMEN IN A DCADEMIAIANNE R AVITCH1 (Gabriella, THE GuiterrezREVISIONISTS y Muhs REVISED et al. :eds., A C RITIQUE2012). OF THE RADICAL14 Valdes, ATTACK Old ONDeal THE, supra SCHOOLS note 5, (1978)at 1411. [hereinafter Though his R AVITCHpurpose 1978]is to (rebuttingcritically interrogate critiques that backlash public jurisprudence,schools are tools his used nod byto thegeneral government forms toof oppressbacklash individuals). and retrenchment Seemingly politicsfollowing is thea leadhelpful of Arianaanalytical Huffington approach in theto recognitionunderstand ofthe their fin depast siécle errors, U.S. Ravitch’s culture wars. most recent two books are rebukes of the 15exact Bloom, changes supra in note education 7, at 12. she advocated at the height of the culture wars. 1194Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 11941168 Studies Vol. 119347:4 defenderdifferent offrom the its Constitution predecessors, and particularly Founding Fatherssince it ashad protectors the benefit of individualof two years rights. of planning. According to Bloom, the greatest threat was in higherLike education the shift so inBloom conference saw himselfscheduling, as the other defender changes of Greathave takenBooks. 16place It withinis important the LatCrit to entitynote , theincluding context concerted that Bloom’s efforts tounderstated continue abattle process is ofagainst institutionalization. the Black power In recent movement years, hethere so hasopposed been at a Cornell,growing eventuallyfocus on how resigning to capitalize his position on its criticalin protest niche, of continueuniversity cultivating administration’s the next acceding generation to theof criticaldemands scholars, of students and ensurefor an autonomousthat the bato Africann of outsiderAmerican jurisprudence Studies department. is passed17 along. Internally,The cottage the industryorganization of conservative has shifted, culture including war books a gradual meant changingthe 1990s ofsaw the a guardspate inof leadership,material from so toDinesh speak, D’Souza,as well asE.D. a downsizingHirsch, Diann in e administration.Ravitch, and WilliamFor example, J. Bennett. from All2008 sought to the to present,venerate theAmerican Board ofindividualism Directors was as intentionallythe successor downsized,of the Western with atradition. growing Innumber higher of Boardeducation, seats D’Souzabeing occupied claimed by thatjunior “most law professors.American 6 universities have diluted or displaced their ‘core curriculum’Another inmajor the greatdevelopment works of isWestern LatCrit’s Civilization acquisition to makeof a physicalroom for spacenew course for the requirements organization. stressing The property, non-Western Campo cultures, Sano (SpanishAfro-American for “Camp Studies, Heal andthy,” Women’s or more literally,Studies.” 18“Camp Whereas Sanity”), Bloom is 7 a ten-acre parcel of land located in Central Florida. Purchased by LatCrit in 2011, the space is home to The Living Justice Center 16 and theBloom’s LatCrit use Community of capitalization Campus. should8 The suffice physical to demonstrate facility serves his preference. Bloom capitalizes ideas and institutions that conform with his visionas a meansof American “to lcultureevel the but playing he does fieldnot capitalizeand give ‘blacks, LatCrit whites, activists yellows” a 9 butfighting does chancecapitalize to religiousbe heard.” denomi Thenations space and is intendedall things “American” and “Western” like the Founders and Southerners. Id. at 13. Great Books signals the Universityto serve of Chicagoas the approach hub ofto teachingtheir educational, the Western canon.research, Hirsch and Ravitchadvocacy also defend and the activismWestern canon.to remedy See generally the imbalance HIRSCH, supr anda note 7 (laying out western-centric facts that he would describe as being required for deficiencies of the current legal system. Having an culutural literacy); RAVITCH 1990, supra note 7 (advocating for national educationindependent standards thatphysical focus almost base exclusively has become on western critical nations). as 17 Alonguniversities the same lines,and law Bloom schools went to increasinglygreat lengths toare protect even Black less conservatives at Cornell who spoke out against the Willard Straight Hall Takeover and attendant demands for an autonomous African-American Studies department. Bloom was responsible for assisting a young student, AlanNaming Keyes, and to Launching secure admittance a New toDiscourse another universityof Critical and Legal assisted Scholarship his , 2 relocationHARV. LATINO financially. L. REV . Bloom1 (1997). also defended a new economics professor, ThomasSee Sowell,also LatCrit whose curricularBiennial contentConferences was ,profoundly LATCRIT: questionedLATINA & and L ATINO protestedCRITICAL byL EGALBlack andTHEORY New, LeftINC .students, http://latcrit.org/content/conferences/latcrit matriculating at Cornell. Sowell’s - responsebiennial-conferences/ to events is based(last visitedon his Julystated 5, belief2013) that(providing African a- Americanlist of the previous conferences,students were and neither providing intellectually direct links qualified to viewnor sufficiently symposia articlescultured for for somethe yearsIvy League. (found Sowell by following castigates the Cornell respective administrators year’s link for “admittingto its corresponding students webpage).who would not meet the existing academic standards at Cornell. The emphasis wasAdditionally, on getting militant LatCrit ghettohas developed kids, some a ofsubstantial whom turned body outof scholarshipto be hoodlums from severalwho terrorized other stand other-alone black symposia:students, ininter addition alia the to provokingSouth-North a racial Exchange, backlash the amongStudy whites.”Space Series, Thomas the Sowell, International The Day Cornelland Comparative Died, WEEKLY Colloquia. DIGEST LatCrit(May 3,Symposia 1999), available, LATCRIT at: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, Ihttp://www.weeklystandard.com/Content/Protected/Articles/000/000/010/395fuNC., http://latcrit.org/content/publications/latcrit-symposium/ (last visited zdx.asp.July 5, 2014). Lest one think this battle is over, there are still faculty, alumni donors,6 These and administratorsinclude Profe ssorsat Cornell Marc -fightingTizoc González, this battle Andrea as evidenced Freeman, by theand Césarrecent Cuahtémoc2010 realignment García of Hernández. the Africana See Studies About and LatCrit Research, supra Center note 3to (listing thereduce professors its autonomy on the and LatCrit limitations Board (including of Directors several and failed their joint respective law schools).appointments) restricting the other ethnic studies programs under administrator7 Campo Sano auspices, LAT thatCRIT “there: LATINA will AND never L beATINO another CRITICAL Africana” LEGAL and T HEORY, longstandingINC, http://www.latcrit.org/content/campo opposition of several white -facultysano/ (lastto ethnic visited studies July 5,as 2014).a legitimate8 Id. field of inquiry. 189 Id. D’S OUZA 1998, supra note 7, at 5. Vol.1194 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1194 Studies Vol.1195 118947:4 generallypreferred aagreed natural-upon law starting basis, pointhis successorsstems from preferred the infamous Judeo- speechChristian by thenbelief-presidential systems ascandidate the moral Patrick basis Buchanan of U.S. inhigher 1992 declaringeducation, the law, culture and government.war: “There isRestoring a religious the war culture going wars on in back our countryto their forreligious the soul basis, of America.social conservatism It is a cultural in the war, 1990s as criticaltook on toa themuch kind stronger of nation evangelical we will orthodoxone day beapproach. as was the Cold War itself.” 6 Buchanan’sThe majority sentiments of responses were more to the fully culture articulated wars hainve the come writings from ofacademic Allan Bloom, scholars William and often J. Bennett, the response E.D. Hirsch,has been Dinesh in the D’Sousa, form of andanalysis. Dianne A majorRavitch finding (before is herthe recentculture conversion). wars were7 predominatelyConservatives elite driven, not primarily of concern to general public; ergo, a larger question often investigated, is there actually a culture war? REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and their Thepolitics scholar with mostregard responsibleto education, for race analyzing and immigration); the contours Francisco of the Valdes,culture Culture wars asby veryLaw: muchBacklash real as is Jurisprudence University ,of 50 Virginia VILL. L. sociologist REV. 1135 (2005)James [hereinafterDavison Valdes,Hunter. Jurisprudence Hunter sees] (explaining the battle the consequenceslines drawn of backlashbetween Kulturkampftwo camps: on lawtraditionalist and society); Franciscoor orthodox Valdes, adherents "We Are Now and of theprogressives. View": Backlash This Activism,distinction Cultural transcends Cleansing, religious, and the evenKulturkampf political, to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,lines but Old divides Deal] (describing squarely recent along culture cultural war lines.cases and“These their antagonismseffect); Denise Ferreirawere playing da Silva, out Introduction: not just on Thethe Globalsurface Matrix of social and lifethe (thatPredicament is, in itsof "Postmodernisms":cultural politics) An but Introduction at the deepest to the Critiqueand most of Kulturkampfprofound levels,, 35 S ETONand HnotALL just L. R atEV .the 1281 level (2005) of ideology(explaining but the in cr itsiticisms public of Kulturkampf);symbols, its myths,Martha T.its McCluskey,discourse, Howand Equalitythrough Became the Elitist:institutional The Cultural structures Politics that of ETON ALL EV Economics from the Court to the "Nanny Wars",19 35 S H L. R . 1291 (2005)generate (analyzing and sustain culture warspublic from culture.” an economic These standpoint); constitute Sylvia a R. major Lazos 20 Vargadistinctions, "Kulturkampf[s]" in the war ofor position, "fit[s] of spite"?: according Taking to theHunter. Academic Culture Wars ScholarlySeriously, 35responses SETON H toALL Hunter L. REV. have1309 (2005)a major (explaining source theof concern need to takein whether academic there culture is really wars aseriously); cultural Guadalupewar in the T. United Luna, StatesIntroduction: or an Kulturkampfelite-driven Revelations,and fabricated Racial form Identit of iessymbolic and Colonizing politics. StructuresIt is the , Oz35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Othermetaphor scholarly of workswizards explore behind the legalthe relationshipcurtains manipulatingbetween Native Americansymbols and Blacklines ofidentities division and to eitherKulturkampf further. See their Carla social D. Pratt,conservative Tribal Kagendaulturkampf: or obscure The Role the of wideningRace Ideology class in inequalities Constructing installed Native American during Identitythe Reagan, 35 Seton era. HallAlan L. Wolfe Rev. 1241,is key PAGE# to this (2005) criticism. (examining “The theculture law’s narrativewar has usealways of white existed supremacy more andin theblack minds inferiority of journaliststo shape Native and American identities). political activists than in the lives of ordinary Americans.”21 What 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A DWolfeIALOGUE and ON hisVALUES supporters AND AMERICAN did notPUBLIC envision LIFE 1 (E.J.was Dionne,the rise Jr. Michaelof Fox CromartieNews, Tea eds., Party 2006). fascism, Sarah Palin’s popularity, social media campaigns,7 See generally and ALLANrise BofLOOM evangelical, THE CLOSING mega OF -THEchurches AMERICAN stoking MIND (1988)orthodoxy. (explaining Naysayers how the also American severely higher underestimated education student’ thes backlashsouls are impoverished due to the higher education system failing democracy); DINESH politics against the election of Barack Obama that enlivened the D’SOUZA, ILLIBERAL EDUCATION; THE POLITICS OF RACE AND SEX ON CAMPUS 22 (1998)social conservatism[hereinafter D’S ofOUZA Tea 1998 Party] (discussing politics. how race and gender politics affect scholarship); DINESH D’SOUZA, THE END OF RACISM: PRINCIPLES FOR A MULTICULTURAL SOCIETY (1995) [hereinafter D’SOUZA 1995] (examining whether19 HUNTER racial & WprejudiceOLFE, supra is an note inherent 6, at 13. or learned trait); E.D. HIRSCH, CULTURAL20 ANTONIO LITERACY GRAMSCI: W,HAT The ETransitionVERY AMERICAN from the N EEDSWar of TOManoeuvre KNOW (1988)to the (arguingWar of Position that America, in SELECTIONS is failing toFROM teach THE children PRISON theNOTEBOOKS basic knowledge PAGE# (1971).that is requiredThe distinction to function between in society);revolutionary, DIANNE large RAVITCH-scale , socialNATIONAL transformation STANDARDS was IN AincreasinglyMERICAN E DUCATIONdisplaced :by A warsCITIZEN of 'positionS GUIDE that (1990) were [hereinafter fought on Ra AVITCHsmaller 1990]scale (analyzingover hearts theand history,minds, andpurpose, more oftenand indicativeeffects of of nationalizedparty politics educationand labor standards);struggles in DWesternIANNE R Europe.AVITCH, THE REVISIONISTS REVISED: A CRITIQUE OF THE RADICAL21 HUNTER ATTACK & W OLFEON ,THE supra S noteCHOOLS 6, at (1978)42. [hereinafter RAVITCH 1978] (rebutting22 As Ravitchcritiques writesthat public to atone schools for arepast tools sins, used Bennett by the and government D’Souza toin oppressparticular individuals). have engineered Seemingly the following backlash the against lead ofObama Ariana inHuffington writings, inradio, the recognitiontelevision, socialof their media, past errors, and film.Ravitch’s All ofmost D’Souza’s recent two anti books-Obama are rebukesrants are of theaccessible exact changeson his website.in education Dinesh she D’Souza, advocated Front at the Page height Portal of the (June culture 29, wars.2014, 1196Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 11961168 Studies Vol. 119547:4 differentIt is from within its thispredecessors, wider context particularly of backlash since anit dhad retrenchment the benefit thatof two ethnic years studiesof planning. has had to secure its place in higher education and Likemuch theto theshift chagrin in conference of social scheduling,conservatives, other mostly changes succeeded have takenin terms place of universitywithin the cultural LatCrit diversity entity, includingrequirements. concerted Levine efforts and toCureton continue estimate a process that ofby institutionalization. 1991, 48 percent of In four recent-year years,institutions there hashad beena multicultural a growing focus requirement on how tofor capitalize all undergraduates. on its critical23 niche, Case continuestudies of cultivating how these therequirements next generation operate ofin criticalpractice scholars, demonstrate and ensurea myriad that ofthe strugglesbaton of outsiderfor inclusion jurisprudence and cultural is passed diversity along. Internally,requirements the at organizationUniversity of hasCalifornia shifted, Berkeley, including University a gradual of changingCalifornia ofLos the Angeles, guard inUniversity leadership, of soWisconsin, to speak, Millsas well College, as a downsizingColumbia University,in administration. San Francisco For example,State University, from 2008 Michigan to the present,State University, the Board Rutgersof Directors University, was intentionally and Pennsylvania downsized, Statewith aUniversity. growing 24number of Board seats being occupied by junior law professors. This6 sea change has been less at the hands of displacing the WesternAnother canon major as thedevelopment number ofis ethnicLatCrit’s studies acquisition majors ofand a physicaldepartments space has for not the risen organization. concomitant The with property, these requirementsCampo Sano (Spanish(and as Yamanefor “Camp shows, Healthy,” many or moreof the literally, courses “Campdesigned Sanity”), to meet is acultural ten-acre diversity parcel of requirementsland located inat CentralBerkeley Florida. and 7Wisconsin Purchased areby LatCrittaught inin traditional2011, the disciplines).space is home But to this The does Living not deterJustice the Center canon anddefenders the LatCrit from placingCommunity the Campus.blame squarely8 The physical and exclusivelyfacility serves on asethnic a means and “to lwomen’sevel the playingstudies. field andYamane give LatCritidentifies activists the a fightingvocationalization chance to of be higher heard.” education9 The space as ismost intended responsible for the precipitous fall of Western Civilization and its relatively brief presenceto servein higheras the education. hub of 25their Recent educational, assessments research, by the ultraconservativeadvocacy and National activism Association to remedy of Scholarsthe imbalance identify and that in 2010 nonedeficiencies of the 50of prestigiousthe current universities legal system. they originHavingally anstudied in 1964independent require Westernphysical Civilization.base has26 becomeThe NAS critical bemoans as the universities and law schools increasingly are even less 9:00 AM), http://www.dineshdsouza.com. 23 Arthur Levine and Jeanette Cureton, The Quiet Revolution: Eleven Facts aboutNaming Multiculturalism and Launching anda New the Discourse Curriculum of , Critical24 CHANGE Legal: ScholarshipTHE MAG. , OF 2 HIGHERARV. L ATINOLEARNING L. R, EV no.. 1 1, (1997). (1992) at 25-29. See24 See also YAMANE LatCrit, supra Biennial note 9, Conferencesat PAGE# (evaluating, LATCRIT : theLATINA effect mandatory& LATINO CmulticulturRITICAL LalEGAL programs THEORY had, onINC college., http://latcrit.org/content/conferences/latcrit campuses); RHOADS, supra note 9, at- biennialPAGE# -(demonstratingconferences/ (last the visited potential July consequences5, 2013) (providing that aoccur list of when the previous a large conferences,portion of the andstudent providing body feels direct alienated links to or unwelcome).view sympos ia articles for some years25 Yamane(found bystates: following “the political the respective roots of the year’s Western link Civilizationto its corresponding course are webpage).seldom acknowledged, in particular its origins in the propaganda needs of WorldAdditionally, War I and LatCrit its aftermath.” has developed YAMANE a substantial, supra note body 9, ofat scholarship132. Starting from at Columbiaseveral other University stand-alone and spreadingsymposia: tointer Dartmouth alia the Southand Stanford,-North Exchange, the Western the CivilizationStudy Space requir Series,ement the spread International when it metand wartimeComparative and ColdColloquia. War ends LatCrit but simplySymposia lost, relevanceLATCRIT: inLAT theCRIT post: LColdATINA-War & era.LATINO CRITICAL LEGAL THEORY, INC.26, Theirhttp://latcrit.org/content/publications/latcrit estimate is clearly politicized as when- symposium/those requirements (last dovisited exist, Julythey 5,are 2014). challenged for having non-Western components, but the decline is palpable.6 These Glen include Ricketts, Profe et ssorsal., The Marc Vanishing-Tizoc González, West: 1964 Andrea-2010, TheFreeman, and CésarDisappearance Cuahtémoc of Western García Hernández.Civilization fromSee About the American LatCrit , Undergraduatesupra note 3 (listing theCurriculum professors, N ATIONALon the ALatCritSSOCIATION Board OF ofS CHOLARSDirectors (May and 2011),their availablerespective at law http://files.eric.ed.gov/fulltext/ED540339.pdfschools). ; see also Kevin Kiley Decline of 'Western7 Campo Civ'?, Sano INSIDE, L ATHIGHERCRIT: ELDATINA (May AND19, 2011)LATINO CRITICAL LEGAL THEORY, Ihttp://www.insidehighered.com/news/2011/05/19/national_association_of_scholNC, http://www.latcrit.org/content/campo-sano/ (last visited July 5, 2014). ars_report_finds_no_mandatory_western_civilization_courses_at_top_universi8 Id. ties.(including9 Id. context of NAS). Vol.1196 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1196 Studies Vol.1197 118947:4 generallyincreasing agreedirrelevance-upon butstarting really itpoint points stems to the from end ofthe a curricularinfamous speechphenomenon by then whose-presidential time has candidate come to Patrickpass on Buchananthe baton into more1992 declaringpressing questionsthe culture and war: approaches “There is toa religiousunderstanding war going world on historyin our countryand the USfor therole soulwithin of America.it. World Ithistory is a culturaland ethnic war, studies as critical are two to thesides kind of the of nationsame coin,we will as bothone daydisplace be as Eurocentrism was the Cold andWar question itself.” 6 Buchanan’sAmerican exceptionalism sentiments were as socialmore fullyfacts. articulated Not simply in challengesthe writings to ofWestern Allan Bloom,rationality, William they J. Bennett,constitute E.D. a Hirsch,deep and Dinesh fundamental D’Sousa, andquestioning Dianne ofRavitch what history(before means,her recent how conversion). it unfolds to7 Conservativesshape present conditions, and how the battle is really a future struggle over the normative basis of society as either one of assimilation, hegemony, REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theirand inequalitypolitics with orregard cosmopolitanism, to education, racemulticulturalism, and immigration); and Francisco social Valdes,justice. Culture by Law: Backlash as Jurisprudence, 50 VILL. L. REV. 1135 (2005) [hereinafter Valdes, Jurisprudence] (explaining the consequences of backlash II.Kulturkampf21ST CENTURY on law andKULTURKAMPF society); Francisco, ARIZONA Valdes,-S TYLE"We Are Now of the View": Backlash Activism, Cultural Cleansing, and the Kulturkampf to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,As Old Lipsitz Deal] (describinganalogizes, recent if cultureMississippi war cases defined and theirthe effect);1960s, Denise and FerreiraCalifornia da Silva,defined Introduction: the 1990s’, The it Global seems Matrix that andin 2010,the Predicament Arizona ofis "Postmodernisms":today’s Mississippi An –Introduction the testing to groundthe Critique for racializedof Kulturkampf politics., 35 S27ETON In HhisALL prescient L. REV. 1281 analysis (2005) of(explaining California’s the cr Propositioniticisms of Kulturkampf); 187, the so Martha-called T.“Save McCluskey, our State” How initiative,Equality Becameanthropologist Elitist: TheLeo CulturalChavez Politicsdiscusses of Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)the attempt (analyzing of cultureCalifornia wars voters,from an approvedeconomic standpoint);in 1994, to Sylvia deny R. access Lazos Vargato publics, "Kulturkampf[s]" benefits for orundocu "fit[s]mented of spite"?: immigrants Taking the Academicresiding Culturein the Warsstate. Seriously It began, 35 aS ETONgroundswell HALL L. RofEV . anti1309-immigrant (2005) (explaining rhetoric the needin the to takemid -1990sacademic that culture I contend wars seriously);has taken Guadalupe on a renewed T. Luna, momentum Introduction: in Kulturkampfthe 21st century. Revelations, Chavez’s Racial chapterIdentities notesand Colonizing“the current Structures wave, 35of SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Otherimmigration scholarly reformworks explore proposals the legal reflect relationship a nationalist between response Native American to this 28 andtransnational Black identities challenge.” and Kulturkampf It was written. See beforeCarla D.Proposition Pratt, Tribal 187 Kwasulturkampf: dismissed The by Role state of courtsRace Ideology and su inbsequently Constructing superseded Native American by two Identityfederal , acts35 Seton in 1996Hall L.(the Rev. Welfare1241, PAGE# Reform (2005) act (examining or officially the law’sthe narrativePersonal useResponsibility of white supremacy and Work and Opportunityblack inferiority Reconciliation to shape Native Act American identities). of 1996 and the Illegal Immigrant Reform and Immigrant 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A DResponsibilityIALOGUE ON V ALUESAct –AND IIRIRA). AMERICAN Starting PUBLIC LwithIFE 1 Proposition(E.J. Dionne, 187,Jr. Michael anti- Cromartieimmigrant eds., forces 2006). were clearly defining their battle along racial lines7 Seeand generallyas a result ALLAN they B LOOMtook , theirTHE sitesCLOSING on aOF range THE AofMERICAN proposals MIND to (1988)overturn (explaining the federal how theBilingual American Education higher education Act of 1974student’ (Propositions souls are impoverished due to the higher education system failing democracy); DINESH 227-1998), end affirmation action (Proposition 209-1996), make D’SOUZA, ILLIBERAL EDUCATION; THE POLITICS OF RACE AND SEX ON CAMPUS (1998)English [hereinafter the official D’SOUZA language 1998] (discussing (Proposition how race 63 and-1986), gender require politics affectLatinos scholarship); to carry D INEidentificatiSH D’SOUZAon, T HEcards END OFto RverifyACISM: PlegalRINCIPLES residence FOR A M(connectedULTICULTURAL to theSOCIETY 2010 (1995)racial profiling[hereinafter SB1070 D’SOUZA in Arizona),1995] (examining amend whetherthe US Constitutionracial prejudice to isend an automatic inherent orcitizenship learned trait);for those E.D. bornHIRSCH on, CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW (1988) (arguingUS soil that(re -Americaintroduced is failing by Nathanto teach childrenDeal (R the-GA) basic as knowledgethe Birthright that is requiredCitizenship to functionAct of in 2009,society); H.R.1868), DIANNE RAVITCH trump, N ATIONALup fears STANDARDS of a reIN- AconquestMERICAN EorDUCATION multicultural: A CITIZEN invasion'S GUIDE (1990)characterized [hereinafter as R AVITCHthreats 1990] to (analyzing the history, purpose, and effects of nationalized education standards); DIANNE RAVITCH, THE REVISIONISTS REVISED: A CRITIQUE OF THE RADICAL27 Lipsitz, ATTACK supra ONnote THE 2, at 211SCHOOLS-233. (1978) [hereinafter RAVITCH 1978] (rebutting28 Leo critiquesChavez, thatImmigration public schools Reform are toolsand Nativism:used by the The government Nationalist to oppressResponse individuals). to the Transnationalist Seemingly following Challenge the lead IMMIGRANTS of Ariana HuffingtonOUT! THE inN theEW recognitionNATIVISM ANDof their THE past ANTI errors,-IMMIGRANT Ravitch’s IMPULSE most recent IN THE two booksUNITED are S rebukesTATES, 73of the(Juan exact Perea changes ed. 199 in7). education she advocated at the height of the culture wars. 1198Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 11981168 Studies Vol. 119747:4 nationaldifferent fromsecurity its predecessors,(a concern onlyparticularly heightened since in it ahad post the-9/11 benefit US ofPatriot two years Act era),of planning. and define the contours of the battle over who is or whoLike should the shiftbe an in “Americaconferencen”. scheduling,What Chavez other first changes identified have in taken1997 isplace clearly within the theblueprint LatCrit for entity anti,- immigrantincluding concertedlegislation efforts circa to2010. continue a process of institutionalization. In recent years, there has beenArizona a growing has focusbecome on howthe toepicenter capitalize foron itsanti critical-immigrant niche, continuesentiments cultivating and ensuing the next legislation. generation Events of critical in 1997 scholars, certainly and ensureprefigured that the the current baton ofmorass. outsider Dec jurisprudenceisions made isat passedthe national along. Internally,level have createdthe organization fewer viable hasborder shifted, crossings. including Today, aArizona gradual is changingthe main of siphonthe guard for undocumentedin leadership, soimmigrants to speak, asentering well asthe a downsizingUnited States. in administration. For example, from 2008 to the present,With the the Board passage of Dire of IIRIRActors was in intentionally1996, Provision downsized, 287g allowed with athe growing INS to number deputize of localBoard pol seatsice forcesbeing asoccupied federal by immigration junior law professors.officers. Romero6 and Serag investigated the joint operation betweenAnother the Bordermajor developmentPatrol and Chandleris LatCrit’s Police acquisition Department of toa physicaltarget workingspace for-class, the Chicanoorganization. neighborhoods The property, in theCampo Phoenix Sano (Spanishmetropolitan for “Camparea. In Heal whatthy,” has or come more to literally, be known “Camp as the Sanity”), Chandler is aRound ten-acre-Up, parcelthe detainment of land located and ininspection Central ofFlorida. papers7 Purchasedof those who by LatCritlooked likein 2011, “illegals,” the space or wereis home of toMexican The Living ancestry, Justice certainly Center andrepresents the LatCrit racial Community profiling. Campus.It also 8deployed The physical class facilityprofiling, serves by astargeting a means neighborhoods “to level the slatedplaying for field redevelo and pmentgive LatCrit and by activists stopping a fightingpedestrians chance in to bepublic heard.” shopping9 The space areas, is intended residential streets, unannounced house-to-house visits, and bus stops. 29 Thingsto serve have as onlythe worsenedhub of theirsince educational,the 1997 Chandler research, Round - Up. Theadvocacy tactics andof stopping activism anybody to remedy who looksthe imbalanceillegal, particularly and with nodeficiencies probable cause,of the has current become legal standard system. police Having practice an under Maricopaindependent County Sheriffphysical Joebase Arpaio. has McDowellbecome critical and Wondersas intervieweduniversities Mexican and lawmigrant schools women increasingly and immigrantare even lessservice providers in Phoenix and Tucson to ascertain the impact of surveillance and racial profiling. “Maricopa County Sheriff Joe Arpaio emerged as one of the most powerful representations of the Naming and Launching a New Discourse of Critical Legal Scholarship, 2 HcomplexARV. LATINO interplay L. REV .between 1 (1997). surveillance and enforcement rituals as a disciplinarySee also LatCrit force Biennialin the livesConferences of migrants., LATCRIT :[. L.ATINA .] [H]e & LisATINO the C“mobile,RITICAL eLlasticEGAL border”,THEORY, theINC .,“gaze http://latcrit.org/content/conferences/latcrit of surveillance”, and the myriad- biennialenforcement-conferences/ rituals (last thatvisited (re)inforceJuly 5, 2013) (providingmigrants a list“illegality” of the previous and conferences, and providing direct links to view sympos30 ia articles for some yearsvulnerability (found by as followinga disposable the respective source of year’slabor.” link to its corresponding webpage).State Bill 1070 “Support our Law Enforcement and Safe Neighborhoods”Additionally, LatCrit continues has developed the laongstanding substantial body practice of scholarship of racial from profilingseveral other in standan increasingly-alone symposia: police inter state. alia the31 ThisSouth -billNorth extends Exchange, recent the Study Space Series, the International and Comparative Colloquia. LatCrit Symposia, LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC.29, Maryhttp://latcrit.org/content/publications/latcrit Romero and Marwah Serag, Violation-symposium/ Of Latino (last Civil Rightsvisited ResultingJuly 5, 2014). From INS And Local Police's Use Of Race, Culture And Class Profiling:6 These The include Case ProfeOf Thessors Chandler Marc-Tizoc Roundup González, In Arizona Andrea, 52 Freeman, CLEV. S Tand. L. CésarREV. 75, Cuahtémoc 83-86 (2005). García Hernández. See About LatCrit, supra note 3 (listing the 30professors Meghan G.on McDowellthe LatCrit an Boardd Nancy of A.Directors Wonders, and Keeping their respective Migrants law in Place:schools). Technologies of Control and Racialized Public Space in Arizona, 36 SOCIAL7 Campo JUSTICE Sano 54,, 62LAT (2009).CRIT: LATINA AND LATINO CRITICAL LEGAL THEORY, INC,31 http://www.latcrit.org/content/campo Johnson, supra note 12, at 331-33.- sano/Recalled (last state visited senator July Russell 5, 2014). Pearce introduced8 Id. “Homeland Security Bill” SB1108 and SB1070 though he is often not 9 creditedId. with its authorship. Leading the anti-immigrant charge is Kris Vol.1198 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1198 Studies Vol.1199 118947:4 generallylegislation agreedin Arizona-upon startingthat followed point stemsthe lead from of theCalifornia infamous by speechlegislating by thenemboldened-presidential racist candidate agendas toPatrick make BuchananEnglish the in official 1992 declaringlanguage theof Arizona culture (Propowar: “Theresition is106 a religiousin 2006), warEnglish going immersion on in our countryfor limited for theEnglish soul ofproficiency America. Itpublic is a culturalschool studentswar, as criticalin 2000 to the(English kind offor nation the weChildren will one - dayProposition be as was 203), the ColdArizona’s War itself.”nearly6 Buchanan’sunilateral rejection sentiments of thewere federal more fullyrecognition articulated for thein theDr. writings Martin ofLuther Allan King,Bloom, Jr.William nationa J. l Bennett,holiday, 32E.D. rogue Hirsch, racial Dinesh profiling D’Sousa, and andintimidation Dianne Ravitchpractices (before by Sheriff her recent Joe Arpaio conversion). that harken7 Conservatives back to the days of the Arizona Rangers, and most recently SB1070 that emboldens law enforcement to verify the citizenship documents of REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theiranybody politics detained with regardwho witto heducation, “reasonable race suspicion”and immigration); may be Francisco in the Valdes,state withoutCulture byproper Law: Backlashdocuments. as Jurisprudence The clear , 50mandate VILL. L. forREV racial. 1135 (2005)profiling [hereinafter of those Valdes, deemed Jurisprudence “illegal ] (explainingaliens” is the in consequences determining of backlashreasonable Kulturkampf suspicion on lawas andit constitutessociety); Francisco an explicitValdes, "We penalty Are Now for of thedriving View": while Backlash brown Activism, or speaking Cultural to anCleansing, officer withand thean Kulturkampfaccent. to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,N eoliberalOld Deal] (describingnativism standsrecent culture at the war crossroads cases and theirwhere effect); free Denisetrade Ferreiraideology dameets Silva, upIntroduction: against the The criminalization Global Matrix and and the racialization Predicament of "Postmodernisms":Latino immigrants An Introductionas “illegals” to or the “illegal Critique aliens.” of Kulturkampf It is a , lesson35 SETON in HhowALL theL. R EVfree. 1281 flow (2005) of comm (explainingodities theis easedcriticisms in theof Kulturkampf); era of NAFTA Martha and T.DR -McCluskey,CAFTA while How theEquality flow ofBecame people Elitist:is increasingly The Cultural restricted Politics. The of Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)current (analyzing era of lateculture capitalism wars from increasingly an economic reliesstandpoint); upon Sylvianational R. Lazos and Vargasupras,-national "Kulturkampf[s]" agreements or "fit[s] to offacilitate spite"?: Takingcapital the accumulation Academic Culture by Warsdriving Seriously down, wag35 Ses,ETON displacing HALL L. R EVnon. 1309-capitalist (2005) (explainingsocial relations the need with to takemarket academic and wageculture labor wars relations, seriously); evisceratingGuadalupe T. the Luna, nation Introduction:-state in Kulturkampfterms of public Revelations, infrastructure Racial Identit andies social and Colonizingservices, andStructures creating, 35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Othertariff- freescholarly zones works to explore maximize the legal transnationalrelationship between corporate Native Americanprofits. andSeemingly, Black identitiesnation-states and becomeKulturkampf more. irrelevantSee Carla asD. globalPratt, capitalTribal Kwritesulturkampf: the rulesThe Role of ofthe Race game Ideology in termsin Constructing of labor Nativerelations American and Identityenvironmental, 35 Seton safeguards. Hall L. Rev. Yet, 1241, as PAGE#neoliberalism (2005) (examiningsignals the the end law’s of narrativenation-state use ofborders, white supremacythe resurgence and black in inferioritynativist sentimentto shape Native has American identities). created a new Washington Consensus on the issue of border 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A D IALOGUE ON VALUES AND AMERICAN PUBLIC LIFE 1 (E.J. Dionne, Jr. Michael Cromartie eds., 2006). Kobach,7 See Kansas generally Secretary ALLAN ofB LOOMState,, whoTHE hasCLOSING provided OF counselTHE A MERICANto immigration MIND (1988)restriction (explaining groups FAIRhow andthe ALEC.American An NPRhigher story education identifies student’ Kobachs assouls author are impoverishedand identify duePearce’s to the sponsorship higher education in the systemlegislature failing was democracy); criticized DforINESH its D’SbenefitingOUZA, I LLIBERALprivate prison EDUCATION companies.; THE ThePOLITICS language OF R ofACE what AND wouldSEX ON eventually CAMPUS (1998)become [hereinafter SB1070 was D’SpresentedOUZA 1998 at ]a (discussingDecember 2009how meetingrace and of gender the American politics affectLegislative scholarship); Exchange DINE SHCouncil D’SOUZA (ALEC),, THE ENDwhere OF RACISMPearce: PRINCIPLESand Corrections FOR A MCorporationULTICULTURAL of America SOCIETY (CCA) (1995) jointly [hereinafter attended. D’SOUZA 1995] (examining whether32 Frances racial Romero, prejudice A Briefis an History inherent of Martin or learned Luther Kingtrait); Day E.D. Time H IRSCH, CMagazineULTURAL (Jan.LITERACY 18, 2010): W HAT EVERY AMERICAN NEEDS TO KNOW (1988) (arguinghttp://www.time.com/time/nation/article/0,8599,1872501,00.html#ixzz0qluNBy that America is failing to teach children the basic knowledge that is requiredN3. to function in society); DIANNE RAVITCH, NATIONAL STANDARDS IN AMERICAN[A]ll three EDUCATION Arizona: A HouseCITIZEN Republicans'S GUIDE (1990) including [hereinafter current R AVITCHSenator 1990] and (analyzingformer presidential the history, candidate purpose, John McCain,and effects voted ofagainst nationalized the bill ineducation '83. The standards);state did not D IANNEvote inRAVITCH favor , ofTHE recognizing REVISIONISTS the RholidayEVISED until: A C RITIQUE1992, not OF onlyTHE RrejectingADICAL pleasATTACK from ON Reagan THE andSCHOOLS then Arizona (1978) governor [hereinafter Evan MechamRAVITCH but 1978] also (rebuttinglosing the NFL'scritiques support that whenpublic theschools league are moved tools Superused byBowl the XXVII government from Sun to oppressDevil Stadium, individuals). in Tempe, Seemingly to California following inthe protest. lead of Arizona Ariana Huffingtonwas not the in only the recognitionstate openly of contemptuous their past errors, of federal Ravitch’s law. mostId. recent two books are rebukes of the exact changes in education she advocated at the height of the culture wars. 1200Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 12001168 Studies Vol. 119947:4 securitydifferent fromand itsthe predecessors, supposed needparticularly for further since itfortification had the benefit and militarization,of two years of inplanning. a very thinly veiled adherence to nativism. It is the vigilantesLike the shiftand intheir conference media backersscheduling, that othermake changes the violence have takeninherent place in milwithinitarization the LatCrit manifest entity in both, including its logic concerted and practice. efforts to continue“Neoliberalism a process is ofin institutionalization. the first instance In a recenttheory years, of political there haseconomic been apractices growing thatfocus proposes on how thatto capitalize human onwell its-being critical can niche, best continuebe advanced cultivating by liberating the next individual generation entrepreneurial of critical scholars,freedoms and ensureskills witthathin thean batoinstitutionaln of outsider framework jurisprudence characterized is passed by strongalong. Internally,private property the organizationrights, free hasmarkets, shifted, and including free trade.” a gradual33 The changingneoliberal ofrhetoric the guard of “freedom” in leadership, is both aso perversion to speak, ofas the well term as ina downsizingpolitical theory in administration.and an inaccurate For representationexample, from of2008 the centralto the present,roles nation the -statesBoard ofretain Dire ctorsin managing was intentionally trade and downsized, markets. withThe abiggest growing farce number of neoliberalism of Board seats is thatbeing of occupiedthe laissez by- fairejunior state, law professors.when in reality6 the state becomes the preferred labor contractor in the serviceAnother of globalmajor capital.development is LatCrit’s acquisition of a physical Yet, space the foranti the-immigrant organization. rhetoric The in property, Arizona Campoplays outSano to (Spanishobscure thefor “Camphistorical Heal formationthy,” or moreof the literally, border “Campstate as Sanity”), once the is alands ten -acreof Mexico parcel (fromof land 1821 located-1846, in andCentral 1853 Florida. for Southern7 Purchased Arizona by LatCritin the inGadsen 2011, thePurchase) space isand home thus to Thethe Livingrising Justiceanti-Mexican Center andsentiment. the LatCrit To secure Community Anglo superiorityCampus. 8 Thein the physical contested facility region, serves the asArizona a means Rangers “to l eveldispatched the playing vigilante field and justice give LatCriton the activistsMexicano a fightingpopulation chance and overto be timeheard.” Anglo9 The power space holders is intended installed Jim Crow segregation practices in the large cities of Tucson and Phoenix. Often tonot serve discussed as thein thehub passage of their of ethnic educational, studies banresearch, HB2281 is the originaladvocacy impetus and activismfor the creation to remedy of ethnic the studiesimbalance programs and in Tucsondeficiencies was in direct of responsethe current to federal legal desegregationsystem. Having orders. an independentThe LatCrit physical2013 workshop, base has where become I presented critical aas quite differentuniversities version of and this law paper, schools highlighted increasingly the legal are caseeven currentlyless challenging implementation of HB2281. I will leave it to others to discuss the current status of the case and the various amicus briefs filed by LatCrit, authors of banned books, and teachers. 34 Naming and Launching a New Discourse of Critical Legal Scholarship, 2 HARV. LATINO L. REV. 1 (1997). See also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO CRITICAL33 David L EGALHarvey, T HEORYA BRIEF, HINCISTORY., http://latcrit.org/content/conferences/latcrit OF NEOLIBERALISM 2 (2005). - biennial34 Seattle-conferences/ University’s (last Korematsuvisited July Center 5, 2013) is a(providing great resource a list of for the the previous conferences,Arizona ethnic and studies providing case. Seedirect Fighting links Arizona'sto view symposAttack iaon articlesEthnic Studiesfor some - Mayayears Arce,(found et al.by v.following John Huppenthal, the respective et. al SEATTLEyear’s linkUNIVERSITY to its corresponding SCHOOL OF Lwebpage).AW http://www.law.seattleu.edu/centers -and-institutes/korematsu- center/arizonaAdditionally,-ethnic LatCrit-studies has -developedcase (last visiteda substantial June 27, body 2014) of scholarship(parenthetical from severalneeded). other The courtstand filings-alone onsymposia: HB 2281 inter are alsoalia locatedthe South at -MayaNorth Arce Exchange, vs John the Huppenthal:Study Space ReadSeries, Ninth the Circuit International Filing Against and Comparative HB2281 Here! Colloquia., THREE LatCrit SSymposiaONORANS, NLEWSATCRIT & A: NALYSISLATCRIT (Nov.: LATINA 19, 2013),& LATINO CRITICAL LEGAL THEORY, http://threesonorans.com/2013/11/19/mayaINC., http://latcrit.org/content/publications/latcrit-arce-vs--johnsymposium/-huppenth al(last-read -visited Julyninth 5,-circuit 2014).-filing -hb2281/. Brief for Latina and Latino Critical Legal Theory, Inc.,6 asThese Amici include Curiae ProfeSupporssorsting Marc Plaintiffs,-Tizoc MayaGonzález, Arce, Andreaet al., v. Freeman,John and CésarHuppenthal, Cuahtémoc et al., GarcíaNos. 13 Hernández.-15657, 13- 15760See About (9th Cir.LatCrit filed, supra Nov. 25, note 2013), 3 (listing theavailable professors at on the LatCrit Board of Directors and their respective law schools).http://www.law.seattleu.edu/Documents/korematsu/AZ%20ethnic%20studies% 20case/23%20amicus%207 Campo Sano, LAT-C%20LatCrRIT: LATINA it.pdf AND. BriefLATINO for 48CRITICAL Public SchoolLEGAL TeachersTHEORY, IasNC Amici, http://www.latcrit.org/content/campo Curiae Supporting Appellants, Maya-sano/ Arce, (last etvisited al., v. July John 5, 2014). Huppenthal,8 Id. et al., Nos. 13-15657, 13-15760 (9th Cir. filed Nov. 25, 2013), available9 Id. at http://threesonorans.com/2013/11/27/banned-books-tusd-read-48- Vol.1200 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1200 Studies Vol.1201 118947:4 generallyTwo documentaries agreed-upon are startingindispensible point forstems highlighting from the the infamous rhetoric speechof Arizona’s by then kulturkampf-presidential and candidate the resistance Patrick toBuchanan HB2281 mountedin 1992 declaringby students, the cultureteachers, war: co mmunity“There is amembers religious warand goingalumni on ofin ourthe countryMexican forAmerican the soul ofStudies America. program It is a atcultural Tucson war, Unified as critical School to theDistrict. kind35 of Asnation Delgado we will notes, one “The day statutebe as was prohibits the Cold the War teaching itself.” of6 Buchanan’sclasses designed sentiments primarily were for more students fully articulatedfrom a particular in the writings ethnic ofgroup, Allan designed Bloom, Williamto increase J. Bennett,racial solidarity E.D. Hirsch, rather Dinesh than treatment D’Sousa, andof persons Dianne on Ravitch an individual (before basis,her recent or aimed conversion). at the overthrow7 Conservatives of the American government or inculcation of racial resentment.” 36 The linkages between anti-immigrant sentiments and REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theirbanning politics ethnic with studiesregard toshould education, not berace readily and immigration); apparent to Francisco anyone Valdes,knowledgeable Culture bywith Law: ChicanoBacklash Studies.as Jurisprudence The linkage,, 50 VILL .according L. REV. 1135 to (2005)Mootz [hereinafterand Saucedo, Valdes, is Jurisprudencebest evidenced] (explaining by Tom the Horne,consequences who ofis backlashmaking Kulturkampfhis political on careerlaw and stokingsociety); Franciscoanti-Mexican, Valdes, "WeChicano, Are Now and of theimmigrant View": Backlash fears asActivism, one. “Horne Cultural continues Cleansing, toand link the ethnicKulturkampf studies to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,programs Old Dealwith] (describingsupport forrecent illegal culture immigration war cases and as their he effect); makes Denise his Ferreiracase for darestrictive Silva, Introduction: state legislation The Global to Matrixprotect and the the country Predicament from ofa "Postmodernisms":Mexican invasion.” An 37Introduction On the other to the side,Critique what of KulturkampfHorne, Pearce,, 35 S ETONand HHuppenthalALL L. REV. 1281see as(2005) being (explaining under thethreat criticisms is exactly of Kulturkampf); what the Martha1980s T.Kulturkampf McCluskey, Howfighters Equality feared: Became loss Elitist:of American The Cultural exceptionalism, Politics of Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)challenges (analyzing to Western culture wars rational from ansuperiority, economic standpoint);and an end Sylvia to naturR. Lazosal Varga s, "Kulturkampf[s]" or "fit[s] of spite"?: Taking the Academic Culture Wars Seriously, 35 SETON HALL L. REV. 1309 (2005) (explaining the need to taketeachers academic-file-ami culturecus-brief wars-hb2281/ seriously);. Brief for Guadalupe Authors et T.al. Luna,as Amici Introduction: Curiae KulturkampfSupporting Appellants, Revelations, Maya Racial Arce, Identitet al., v.ies John and Huppenthal, Colonizing etStructures al., Nos. 13, 35- S15657,ETON 13HALL-15760 L. R (9thEV .Cir. 1191 filed (2005) Nov. (focusing 25, 2013), on available the politics at of racial identity). Otherhttp://www.law.seattleu.edu/Documents/korematsu/AZ%20ethn scholarly works explore the legal relationship between Nativeic%20stu American dies% and20case/22%20amicus%20 Black identities -%20Authors.pdfand Kulturkampf. . See Carla D. Pratt, Tribal Kulturkampf:35 The two documentariesThe Role of Race are bothIdeology essential in Constructingviewing as they Native allow American all Identityactors involved, 35 Seton to speak Hall forL. themselvesRev. 1241, and PAGE# force them(2005) to (examining defend their the law’s narrativepositions. Theuse Nonprofitof white Network,supremacy Outlawing and black Shakespeare: inferiority The to Battleshape for Native the AmericanTucson Mind, identities YOUTUBE). (Oct. 30, 2012), http://www.youtube.com/watch?v=anChx_9TF6 JAMES D. HUNTER & ALAN WOLFE, -Q;IS PTRECIOUSHERE A KCULTURENOWLEDGE WAR (Dos? A DVatosIALOGUE Productions ON VALUES 2012). AND Contours AMERICAN of the PUBLIC law andLIFE its 1 working(E.J. Dionne, through Jr. theMichael Cromartieappeals process eds., 2006).can be found in Nicholas B. Lundholm, Note, Cutting Class: Why7 Arizona’sSee generally Ethnic A StudiesLLAN B BanLOOM Won’t, THE Ban CLOSING Ethnic OFStudies, THE 53AMERICAN ARIZ. L. RMEVIND. (1988)1041, 1060(explaining-63 (2011). how Lundholm the American acknowledges higher thateducation his analysis student’ of thes souls ban’s are impoverishedunworkability duewould to notthe behigher its undoing, education as ansystem administrative failing democracy); judge’s 2012 DINESH D’SdecisionOUZA , upheldILLIBERAL Horne’s EDUCATION rationale; TtoHE ban POLITICS the program. OF RACE Id. ANDNicholas SEX ONLundholm, CAMPUS (1998)Administrative [hereinafter Law D’SJudgeOUZA Finds 1998 TUSD’s] (discussing Mexican how American race and Studies gender Program politics affectIllegal scholarship); Under Arizona’s DINE EthnicSH D’S StudiesOUZA, T HELaw, E NDQuestions OF RACISM Remain: PRINCIPLES About How FOR A MBroadlyULTICULTURAL the Law ShouldSOCIETY Be Interpreted,(1995) [hereinafter Arizona LawD’S OUZAReview 1995] (examining whetherhttp://www.arizonalawreview.org/2012/syllabus/administrative racial prejudice is an inherent or learned trait);-law E.D.-ju dge H-IRSCH, CfindsULTURAL-tusds -mexicanLITERACY-american: WHAT (lastEVERY visited AMERICAN June 27, N 2014).EEDS TO KNOW (1988) (arguing36 Delgado, that Americasupra note is failing12, at 1521to teach-22 (footnoteschildren the omitted). basic knowledge that is required37 Mootz, to functionsupra note in 12,society); at 21. D DeployingIANNE RAVITCH an Aristotelian, NATIONAL logic STANDARDS of ethos INto AdescribeMERICAN the E DUCATIONethical dimensions: A CITIZEN of 'Slaw G UIDEmaking, (1990) the [hereinafterconcept of ethical RAVITCH surplus 1990] is (analyzingdeployed to theshow history, how linkages purpose, and andbleeding effects into of unconnected nationalized spheres education can standards);occur. “The DethicalIANNE surplusRAVITCH of, TtheHE warREVISIONISTS rhetoric that REVISED encompasses: A CRITIQUE self-defense, OF THE Rsecurity,ADICAL andATTACK milit aryON protectionTHE SCHOOLS against (1978) an invading [hereinafter Mexican RAVITCH force almost1978] (rebuttingnaturally encompassescritiques that an public anti -ethnicschools studies are tools attitude. used byIt hasthe governmentled proponents to oppressto conclude individuals). that teaching Seemingly high schoolfollowing history the thatlead acknowledgesof Ariana Huffington the border in the as recognitiona historically of theircontested past errors,boundary Ravitch’s necessarily most recentsubverts two efforts books areto defendrebukes the of theborder exact against changes intrusion in education by illegal she immigrants.” advocated at Id.the height of the culture wars. 1202Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 12021168 Studies Vol. 120147:4 lawdifferent and rightsfrom its of predecessors,individuals. Yet, particularly this group since goes it one had step the furtherbenefit andof two claims years that of planning. the United States itself is under threat. Like As theLatCrit shift scholars,in conference teachers, scheduling, librarians, other andchanges legal haveaid takenclinics placerush withinin defense the LatCritof students entity and, including teachers concertedin the Mexican efforts toAmer continueican Studies a process program, of institutionalization. it is still not clearly In recent articulated years, therewhat hasis at been stake. a growing Delgado focus offers on ahow timid to capitalizedefense that: on its “Ethnic critical studies niche, continuecertainly cultivatingmay enable thestudents next generationto develop ofa morecritical nuanced scholars, view and of ensurethe country that thein whichbaton ofthey outsider live than jurisprudence the one theyis passed might along.have Internally,received had the they organization taken only mainstreamhas shifted, courses including of literature a gradual and changinghistory emphasizingof the guard Europeanin leadership,-American so to heroes,speak, asmyths, well asand a downsizingtales.” 38 The in remainder administration. of this essayFor example,is a full defensefrom 2008of what to isthe at present,stake when the ethnicBoard studiesof Dire arectors under was attack.intentionally downsized, with a growing number of Board seats being occupied by junior law professors.III. FORBIDDEN6 KNOWLEDGE: THREATENING WHITE PRIVILEGE’S Another major developmentHISTORICAL AisMNESIA LatCrit’s39 acquisition of a physical space for the organization. The property, Campo Sano (SpanishPresumed for “Camp Incompetent Healthy,” is ornot more the firstliterally, to discuss “Camp the Sanity”), trials and is atribulations ten-acre parcel of negotiating of land located identity in Centraland power Florida. in academia,7 Purchased40 but by whatLatCrit make in 2011, this thelatest space collection is home unique to The isLiving the contributionJustice Center to criticaland the raceLatCrit feminism Community and the Campus. longstanding8 The physical Third Worldfacility Women serves movement.as a means41 “toThe level thread the playing that tiesfield theand givecollection LatCrit together activists for a fighting chance to be heard.”9 The space is intended

38 Delgado,to serve supra as note the 12, hubat 1540 of- 41.their educational, research, 39 Thisadvocacy notion ofand revoking activism US citizenshipto remedy rights the to imbalancehistorical amnesia and was first articulated by Michael Eric Dyson in his 1988 C-Span aired debate on affirmativedeficiencies action with of Wardthe Connerly.current WHATlegal system.IS THIS CITATION?Having an (on file with author).independent physical base has become critical as 40 universities PRESUMED I NCOMPETENTand law schools, supra increasinglynote 13. This are is evennot lessthe first compendium to document the difficulties of outsiders in the academy. P RESUMED INCOMPETENT takes its place among a string of personal lamentations: first from a male working class perspective (though not very Namingreflexive andabout Launching its male bias).a New JAKE Discourse RYAN & CofHARLES Critical SACKREY Legal ,Scholarship STRANGERS, IN2 PHARADISEARV. LATINO: ACADEMICS L. REV. 1FROM (1997). THE WORKING CLASS (1995). Working class white womenSee arealso more LatCrit prominently Biennial featured Conferences in two, otherLATC RITworks.: LATINA THIS F&INE L PATINOLACE SCORITICAL FAR F ROMLEGAL HOME THEORY: VOICES, I NCOF. ,A CADEMICShttp://latcrit.org/content/conferences/latcrit FROM THE WORKING CLASS, (C.L.- biennialBarney -Dewsconferences/ and Carolyn (last visited Leste JulyLaw 5,eds., 2013) 1995); (providing WORKING a list-CLASS of the W OMENprevious IN THEconferences, ACADEMY and: LprovidingABORERS directIN THE links K NOWLEDGEto view sympos FACTORYia articles, Michelle for some M. Tokarczykyears (found and by Elizabeth following Fay the eds., respective 1993). Ryear’sEFLECTIONS link to F ROMits corresponding THE WRONG Swebpage).IDE OF THE TRACKS: CLASS, IDENTITY, AND THE WORKING CLASS EXPERIENCE IN Additionally,ACADEME returned LatCrit hasto centeringdeveloped awhiteness substantial (C. body Vincent of scholarship Samarco fromand Stephenseveral other Muzzatti stand eds.,-alone 2005). symposia: The interclosest alia to thebe Southinclusive-North of Exchange,race, gender, the sexualityStudy Space and Series,class is theMOTHERS International IN ACADEMIA and Comparative (Mari Castaneda Colloquia. and KirstenLatCrit IsgroSymposia eds., 2013).LATC RIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC.41, Phttp://latcrit.org/content/publications/latcritRESUMED INNOCENT can always be read-symposium/ in the literary (last lineage visited of variousJuly 5, 2014).works. See generally, THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL6 These WOMEN include OF ProfeCOLORssors (Cherrie Marc -MoragaTizoc González, and Gloria Andrea Anzaldua Freeman, eds., 1984); and CésarMAKING Cuahtémoc FACE, M GarcíaAKING Hernández.SOUL/HACIENDO See AboutCARAS LatCrit: CREATIVE, supra ANDnote C3 RITICAL(listing thePERSPECTIVES professors BYon FtheEMINISTS LatCrit OFBoard COLOR of Directors(Gloria Anzaldua and their ed., respective 1990); TlawHIS schools).BRIDGE WE CALL HOME: RADICAL VISIONS FOR TRANSFORMATION (Gloria Anzaldúa7 Campo and SanoAnaLouise, LATC RITKeating: LATINA eds., AND 2002); LATINO THE CLRITICALATINA F EMINISTLEGAL TGHEORYROUP, TINCELLING, http://www.latcrit.org/content/campo TO LIVE: LATINA FEMINIST TESTIMONIOS-sano/ (last visited(2001); July COLONIZE 5, 2014). T HIS!: YOUNG8 Id. WOMEN OF COLOR ON TODAY'S FEMINISM (Daisy Hernandez and S. Bushra9 Id. Rehman eds., 2002). Vol.1202 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1202 Studies Vol.1203 118947:4 generallypresent purposes agreed -isupon the startinginsight that:point “What stems is insidiouslyfrom the infamoustroubling speechabout Westernby then -presidentialintellectual culturecandidate is Patrickits espousal Buchanan of “value in 1992-free declaringscience” to the mask culture the war:ways “There that theis a ideareligious of pure war and going interest on in- freeour countrytruth has for beenthe souland of continues America. toIt isbe a usedcultural to perpetuatewar, as critical unjust to thesocial kind hierarchies.” of nation we42 willWhat one theday becontributors as was the toCold the War collection itself.” 6 Buchanan’sidentify is “thesentiments dissonance were betweenmore fully the articulated intersecting in theidentities writings of ofwomen Allan ofBloom, color William(including J. gender,Bennett, race, E.D. ethnicity, Hirsch, Dineshnationality, D’Sousa, and andclass) Dianne and Ravitchacademia’s (before white, her recentmale, conversion).middle and7 Conservatives upper-class, heterosexual norms.” 43 The extreme disconnect between orthodox fears of a minority group takeover of higher education and the ever REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theirfrequent politics marginalization with regard to education,felt by racewomen and ofimmigration); color and Francisco other Valdes,minorities Culture places by Law:ethnic Backlash studies as at Jurisprudence the center of, 50the V ILLmalaise.. L. REV . 1135 (2005)Why [hereinafter then is Valdes,Ethnic JurisprudenceStudies a threat?] (explaining Without the overstatingconsequences the of backlashlegal proceedings Kulturkampf surrounding on law and society);HB2281, Francisco ethnic Valdes, studies "We and Are Nowin the of thecase View": of the Backlash book bannin Activism,g Critical Cultural Race Cleansing, Theory and and the LatCrit Kulturkampf are onto Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,trial. OldBanning Deal] (describingethnic studies recent culturein Arizona war cases has and theira ripple effect); Deniseeffect, Ferreiraparticularly da Silva, if implementationIntroduction: The ofGlobal the Matrixlaw is and allowed the Predicament to fully goof "Postmodernisms":forward. From myAn Introductionperspective, to the the threatCritique that of Kulturkampf ethnic studies, 35 S ETONpose HcanALL L.be REVboiled. 1281 down(2005) (explainingto five central the criticisms features of Kulturkampf); of the scholarly Martha T.discipline: McCluskey, How Equality Became Elitist: The Cultural Politics of Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005) (analyzing culture wars from an economic standpoint); Sylvia R. Lazos Vargas, "Kulturkampf[s]"1. No Preconceptions or "fit[s] | Noof spite"?:Boundaries Taking the Academic Culture Wars Seriously2. Community, 35 SETON Advocacy HALL L. R EV. 1309 (2005) (explaining the need to take academic3. Liberatory culture warsKnowledge seriously); Guadalupe T. Luna, Introduction: Kulturkampf4. Anti Revelations,-Elitism Racial Identities and Colonizing Structures, 35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Other scholarly5. Goal works of Bridging explore the legal relationship between Native American and Black identities and Kulturkampf. See Carla D. Pratt, Tribal Kulturkampf:No preconceptions The Role of Race and Ideology no in boundariesConstructing Nativesignal American that Identityinterdisciplinary,, 35 Seton Hall L.comparative, Rev. 1241, PAGE#multidisciplinary, (2005) (examining the evenlaw’s narrativetransdisciplinary use of white studies supremacy are at andhome black in inferiorityethnic studies. to shape Though Native American identities). some fields tend to predominate (say history and literature in 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A DChicano/aIALOGUE ON Studies), VALUES ANDat tAheMERICAN end of P UBLICthe dayLIFE it 1 (E.J.is the Dionne, subject Jr. matterMichael Cromartieand focus eds., on 2006). community that creates the space for inquiry not beholden7 See generallyto a ALLANsingle B LOOMtheoretical, THE CLOSING tradition, OF THE AmethodologicalMERICAN MIND (1988)approach, (explaining or anticipated how the finding.American higher education student’s souls are impoverished due to the higher education system failing democracy); DINESH Community is not an abstract concept to ethnic studies, it is D’SOUZA, ILLIBERAL EDUCATION; THE POLITICS OF RACE AND SEX ON CAMPUS (1998)the very [hereinafter basis for D’S itsOUZA existence. 1998] (discussingWhat it meanshow race is thatand genderthe research politics affectprocess scholarship); is often DtheINE SHexact D’S OUZAopposite, THE ofEND the OF scientificRACISM: P RINCIPLESmethod whereFOR A MresearcherULTICULTURAL goes SOCIETY into (1995)a situation [hereinafter with D’SaOUZA pre -1995]formed (examining set of whetherhypotheses racial to prejudicetest. Communitiesis an inherent areor learnednot variables trait); E.D. and H IRSCHtest, CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW (1988) (arguingsubjects thatto Americaethnic isstudies, failing tooften teach because children theethnic basic studies knowledge scholars that is requiredcome from to function the communities in society); D IANNEthey Rengage.AVITCH, NAdvocatingATIONAL STANDARDS for one’s IN AcommunityMERICAN EDUCATION means : thatA CITIZEN community'S GUIDE (1990)most [hereinafteroften sets RtheAVITCH research 1990] (analyzingagenda, theythe knowhistory, their purpose, collective and effectswants ofand nationalized needs, and education ethnic standards);studies scholars DIANNE are RAVITCH expected, THE RtoEVISIONISTS invert the R researchEVISED: A processCRITIQUE so OF they THE RADICAL ATTACK ON THE SCHOOLS (1978) [hereinafter RAVITCH 1978] (rebutting critiques that public schools are tools used by the government to oppress individuals). Seemingly following the lead of Ariana Huffington in the recognition42 PRESUMED of their INCOMPETENT past errors, , Ravitch’ssupra note most 13, recent at 5. two books are rebukes of the 43exact Id. atchanges 8. in education she advocated at the height of the culture wars. 1204Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 12041168 Studies Vol. 120347:4 providedifferent usefulfrom its information, predecessors, skills, particularly tactics, since and itknowledge had the benefit that allowsof two yearsmarginalized of planning. communities to advocate on their own behalf. LikeLiberatory the shift knowledge in conference asks scheduling,the hard questionsother changes of whose have takenknowled placege is withinvalued theand LatCrit validated. entity Traditional, including distinctions concerted ofefforts local toversus continue scientific, a process traditional of institutionalization. versus organic, In street recent smart years, versus there hasbook been smart, a growing community focus v. on academe how to arecapitalize not diametric on its critical opposites niche, in continueethnic studies cultivating but mostthe nextoften generation mutually ofinformed. critical Thescholars, breaking and ensuredown ofthat barriers the bato comesn of outsiderdown to jurisprudencethe very core is ofpassed knowledge along. Internally,formation. the organization has shifted, including a gradual changingThe projectof the ofguard ethnic in leadership,studies is unabashedlyso to speak, oneas wellof radical as a downsizingdemocracy, andin administration.an explicit call toFor tear example, down ivory from towers. 2008 Elitismto the present,has only the served Board those of Dire inctors power was to intentionallyreproduce their downsized, legacy withand abreaking growing in numberas tokens of orBoard charity seats cases being will occupied never challengeby junior those law professors.structures 6 of power. Democracy and equality are not lofty ideals and Anotherfaraway hopesmajor indevelopment ethnic studies is butLatCrit’s the central acquisition mechanisms of a physicalfor reaching space the for goals the oforganization. the social justiceThe property,movements Campo that Sanooften (Spanishgave birth for to “Campthem. Healthy,” or more literally, “Camp Sanity”), is a tenIn-acre the parcelend, ethnicof land studies located exists in Central and persists Florida. to7 Purchasedbridge theory by LatCritand praxis, in 2011,campus the and space community, is home tonormative The Living and Justiceempirical; Center and andeven thethough LatCrit bridges Community are often Campus. the first8 Theto be physical burned facilityduring servestimes ofas war,a means ethnic “to studieslevel the by playingits very field existence and give must LatCrit operate activists to heal a woundsfighting chanceand dividesto be heard.” and 9 Thecontrary space isto intended social conservatives’ characterizations, the emancipatory aims of ethnic studies are both universalto serve andas transcendentalthe hub of their when educational, actualized. research, Givenadvocacy the cultureand activism wars characterization to remedy the of imbalance ethnic studies and as a “lesser”deficiencies discipline, ofit’s theclear current that what legal is atsystem. stake isHaving the hegemonic an responsesindependent to the followingphysical questions:base has whose become knowledge critical is deemedas unworthyuniversities and why?and lawWhen schools successful increasingly counter are-narratives even less are legitimated within the confines of academia, what happens to those fields of inquiry? What does outlaw knowledge actually look like, if not outlaw truth? I conclude with a story to provide a Naming and Launching a New Discourse of Critical Legal Scholarship, 2 HcounterhegemonicARV. LATINO L. REV . response1 (1997). to said questions. I draw from expert witnessSee alsotestimony LatCrit IBiennial recently Conferences prepared, LbutATC RITnever: LATINA submitted & LATINO on CbehalfRITICAL of LEGALclient TseekingHEORY, INCdeportation., http://latcrit.org/content/conferences/latcrit relief. The Allegory of Don- biennialRafael -shouldconferences/ explain (last thevisited rest. July 5, 2013) (providing a list of the previous conferences, and providing direct links to view symposia articles for some years (found by following the respective year’s link to its corresponding 44 webpage).IV. ALLEGORY OF DON RAFAEL, CONNECTING PAST AND PRESENT Additionally, LatCrit has developed a substantial body of scholarship from severalThe other longstanding stand-alone symposia:contradiction inter aliaof Mexicanthe South -laborNorth migrationExchange, theto Study Space Series, the International and Comparative Colloquia. LatCrit Symposia, LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/publications/latcrit-symposium/ (last visited July44 5, I2014). was at first hesitant to create a fictional story to convey this information.6 These includeI very much Profe concurssors Marcwith -MaryTizoc Romero’sGonzález, assessment Andrea Freeman, that we don’tand Césarneed toCuahtémoc create fictional García stories Hernández. as everyday See About lives LatCrit negatively, supra impacted note 3 (listingby the thelaw professorsillustrate onour the points LatCrit with Board more of Directorsforce, humanity, and their andrespective sense lawof schools).egregiousness. See Mary Romero, Revisiting Outcrits with a Sociological Imagination7 Campo, Sano50 V, ILLLAT. CL.RIT R: EVLATINA. 925, AND925 -L27ATINO (2005). CRITICAL The onlyLEGAL reason THEORY for, renderingINC, http://www.latcrit.org/content/campo an allegorical approach is -sano/to protect (last visitedthe innocent, July 5, 2014). preserve anonymity,8 Id. and forcefully call out by naming the guilty actors in power implementing9 Id. our current deportation state of the nation. Vol.1204 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1204 Studies Vol.1205 118947:4 generallythe United agreed States-upon is constitutedstarting point by stemsthe heavy from recruitmentthe infamous of speechimmigrants by then in times-presidential of labor candidate shortages Patrick and mass Buchanan expulsion in at 1992 the declaringfirst hint theof economic culture war: downturns. “There isThe a religiouspaired events war going of the on Bracero in our countryProgram for (1942the soul-1964) of America.and the It isdubiously a cultural named war, as"Operation critical to theWetback" kind ofof nation 1954 illustratewe will one this day contradiction. be as was the45 ColdConnecting War itself.” these6 Buchanan’shistorical events sentiments to the were contemporary more fully eraarticulated of mass in deportation the writings is ofthe Allan case Bloom, of Don William Rafael. J. Bennett,His allegory E.D. Hirsch,demonstrates Dinesh MexicanD’Sousa,- andAmerican Dianne communityRavitch (before fears her recentand concernsconversion). associated7 Conservatives with Operation Wetback and today's "show me your papers" deportation regime that put this lifelong U.S. resident into the immigration REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theirdetention politics system. with regard The allegoryto education, connects race expertand immigration); witness testimony, Francisco Valdes,contextualizing Culture by immigrationLaw: Backlash asin Jurisprudenceits racialized, 50 VandILL. L.spatialized REV. 1135 (2005)contexts, [hereinafter and Latino/a Valdes, StudiesJurisprudence as a ] form(explaining of knowledge the consequences formation of backlashand praxis. Kulturkampf on law and society); Francisco Valdes, "We Are Now of the View":Don RafaelBacklash was Activism, referred Cultural to a RuralCleansing, Legal and Aid the clinic Kulturkampf to secure to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,assistance Old Dealwith] (describing a fast -recentmoving culture deportation war cases andhearing their effect); notice Denise he Ferreirareceived. da A Silva, lifelong Introduction: farmworker The Globalwho movedMatrix betweenand the PredicamentArizona and of "Postmodernisms":Texas, he hobbled An togetherIntroduction a belowto the minimumCritique of Kulturkampfwage annual, 35 salarySETON HthatALL relegatedL. REV. 1281 him (2005) to well(explaining below thepoverty criticisms line ofstandards. Kulturkampf); He Martha never T.sought McCluskey, any publicHow Equality assistance. Became He Elitist: lived The his Cultural life underPolitics theof Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)assumption (analyzing he culturewas born wars in from the anUnited economic States standpoint); but his Sylviaparents R. Lazosoften Vargatraverseds, "Kulturkampf[s]" the border toor "fit[s]visit offamily spite"?: in Taking Sonora the andAcademic Chihuah Cultureua. WarsBorn Seriouslyin 1947,, 35 his SETON baptism HALL L.certificate REV. 1309 wasn’t(2005) (explainingsecured untilthe need 1954 to takealong academic with his culture US birth wars certificate. seriously); Guadalupe T. Luna, Introduction: KulturkampfHis father Revelations, pursued Racial theIdentit onlyies andofficial Colonizing employment Structures ,and 35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). Otherresidency scholarly option works for exploreMexican the agriculturallegal relationship workers between seeking Native Americanwork in andthe UnitedBlack States.identities It andwas theKulturkampf temporary. See worker Carla program D. Pratt, known Tribal as Ktheulturkampf: Bracero TheProgram, Role of inRace operation Ideology fromin Constructing 1942-1964. Native The programAmerican Identitydid not, 35invent Seton the Hall established L. Rev. 1241, migrant PAGE# streams (2005) (examiningfrom entry the points law’s narrativesuch as use Eagle of white Pass supremacy or Douglas and black to inferiority migrant to shapefarmworker Native American identities). destinations, but it did state-sanction and codify the labor 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A DrecruitmentIALOGUE ON VprocessALUES AND that AMERICAN brought PUBLIC Mexican LIFE 1farmworkers (E.J. Dionne, Jr.to Michaellabor- Cromartieintensive eds.,farms 2006). in the United States. 7 InSee negotiatinggenerally A LLANthe BraceroBLOOM, TProgram,HE CLOSING the OF Mexican THE AMERICAN government MIND (1988)insisted (explaining that workers how the not American be subject higher to educationdiscriminatory student’ treatment.s souls are impoverished due to the higher education system failing democracy); DINESH From 1942-1947, no Braceros were sent to Texas due to the D’SOUZA, ILLIBERAL EDUCATION; THE POLITICS OF RACE AND SEX ON CAMPUS (1998)documented [hereinafter mistreatment D’SOUZA 1998 of ] Mexican(discussing workers how race by and Texan gender growers politics affectand otherscholarship); citizens. DINE TexanSH D’S-OUZAstyle, TJimHE E CrowND OF RsegregationACISM: PRINCIPLES was visibly FOR A MapparentULTICULTURAL in public SOCIETY establishments (1995) [hereinafter with signs D’SOUZA declaring 1995] “No(examining Dogs, whetherNegroes, racialMexicans” prejudice and is “Wean inherentServe White’sor learned Only, trait); No E.D.Spanish HIRSCH or, CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW (1988) (arguingMexicans.” that AmericaAt that is failing time, to teachbraceros children complained the basic knowledge bitterly that ofis requireddiscrimination. to function They in society);contended DIANNE that RtheyAVITCH were, NATIONAL denied S entranceTANDARDS INto ApublicMERICAN places EDUCATION of entertainment,: A CITIZEN'S G wereUIDE (1990)not permitted [hereinafter to RsitAVITCH at tables 1990] (analyzingin refreshment the history, parlors porurpose, to purchase and effects items of there nationalized except byeducation using standards); DIANNE RAVITCH, THE REVISIONISTS REVISED: A CRITIQUE OF THE R ADICAL ATTACK ON THE SCHOOLS (1978) [hereinafter RAVITCH 1978] (rebutting critiques that public schools are tools used by the government to oppress45 Historical individuals). details Seemingly are drawn following from Ronald the lead L. ofMize Ariana and HuffingtonAlicia C. Swords, in the recognitionCONSUMING of MtheirEXICAN past Lerrors,ABOR: Ravitch’sFROM THE most B recentRACERO two P ROGRAMbooks are TO rebukes NAFTA of the(2010). exact changes in education she advocated at the height of the culture wars. 1206Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 12061168 Studies Vol. 120547:4 thedifferent service from entrance, its predecessors, and could particularlynot patronize since barbershops it had the or benefit other placesof two yearsof service of planning. except in areas almost inaccessible to them. It was Likenot until the 1948shift thatin conference the Texas statescheduling, government other issuedchanges a serieshave takenof assurances place within before the growers LatCrit were entity allowed, including to import concerted labor efforts from toMexico. continue46 a process of institutionalization. In recent years, there has been Texan a growing growers focus began on howto formallyto capitalize request on its contractcritical niche,labor continuefrom the cultivatingMexican government the next generation as early ofas critical1943, althoughscholars, theyand ensurestrenuously that theobjected baton ofto outsiderU.S. jurisprudenceand Mexican is passedgovernment along. Internally,interference. theWhen organization the blacklisting has shifted, continued including beyond a gradual 1943, changinggrowers actively of the encouragedguard in leadership, undocumented so to laborers speak, toas migratewell as toa downsizingTexas and Donin Rafael’sadministration. father wasFor recruited example, to fromcross 2008the border to the to present,pick cotton the inBoard Central of Dire Texasctors thewas sameintentionally year his downsized, son was bornwith a(1947). growing number of Board seats being occupied by junior law professors.In October6 of 1948, the Texas-Mexico border was opened by immigrationAnother officialsmajor developmentto allow several is LatCrit’s thousand acquisition undocumented of a physicalworkers acrossspace thefor borderthe organization. and into the The agricultural property, fields Campo of Texas. Sano (SpanishIn open defiancefor “Camp of Healbilateralthy,” agreements,or more literally, what “Campcame to Sanity”), be known is aas tenthe-acre “El parcel Paso of landIncident” located created in Central a political Florida. 7 morassPurchased while by appeasingLatCrit in Texan2011, thegrowers space by is liftinghome tothe The moratorium Living Justice on allowing Center bracerosand the LatCritto receive Community contracts Campus.for work 8in The Texas. physical Most facilityworkers serves were processedas a means and “to often level directlythe playing escorted field byand Border give LatCrit Patrol activistsagents toa workfighting in chancethe cotton to be heard.”fields. 9 ThisThe spaceevent isformalized intended the informal practice of using undocumented Mexican labor to till Texas fields while tothe serve blacklist as the was hub in ofplace. their What educational, made thisresearch, particular incidentadvocacy problematic and activismwas the todirect remedy U.S. the state imbalance involvement and in managingdeficiencies and controlling of the thecurrent migrant legal stream. system. Having an Donindependent Rafael’s fatherphysical crossed base the hasborder become annually critical and createdas a very longuniversities paper trail and in law a circuitous schools increasingly route from Mexico,are even Texas, less and Arizona. His papers were secured due to a part-time professional job in Mexico that qualified him for a visitor but never a worker visa. His wife always crossed the border without documentation Naming and Launching a New Discourse of Critical Legal Scholarship, 2 HandARV .it L ATINOwas anL. RunauthorizedEV. 1 (1997). 1954 border crossing in Arizona and subsequentSee also apprehensionLatCrit Biennial that Conferences set the wheels, LATC RITin: motion.LATINA Traveling& LATINO CwithRITICAL her L EGALson, THEORYDon , Rafael,INC., http://latcrit.org/content/conferences/latcritshe was stopped at the border- biennialcheckpoint-conferences/ and questioned (last visited as July to her5, 2013) immigration (providing astatus. list of the With previous her conferences, and providing direct links to view symposia articles for some yearshusband (found already by following in the the Unitedrespective States, year’s shelink todid its notcorresponding want to webpage).jeopardize his employment recently secured on the Goodyear Farms,Additionally, where LatCrit cotton has was developed harvested a substantial for the body tire of company.scholarship fromShe severaltestified other under stand oath-alone that symposia: she attempted inter alia theto enterSouth -Norththe United Exchange, States the Study Space Series, the International and Comparative Colloquia. LatCrit Symposia, LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC.46, Inhttp://latcrit.org/content/publications/latcrit response to the Good Neighbor policy, the-symposium/ Texas Commi (lastssion, andvisited the JulyCaucasian 5, 2014). Race Resolution, people in Mexico developed their own organization,6 These includeComité Profe Mexicanossors MarcContra-Tizoc el González, Racismo Andrea(Mexican Freeman, Committee and CésarAgainst Cuahtémoc Racism) toGarcía document Hernández. racial Seediscrimination About LatCrit practices, supra innote the 3 (listingUnited theStates professors in the areason the of LatCriteducation, Board labor of andDirectors consumer and theirestablishments. respective Thelaw schools).Committee's publication, Fraternidad, included a column entitled 'Texas, ¿Buen7 Campo Vecino? Sano' ('Texas,, LATC RITGood: L ATINANeighbor?'), AND L ATINOwhich CdetailedRITICAL theLEGAL incidents THEORY of, IdiscriminationNC, http://www.latcrit.org/content/campo against Mexicans in nearly-sano/ 150 (last Texasvisited communities.July 5, 2014). The com8mittee Id. influenced both the U.S. and Mexican state officials by pressuring them9 Id. to deal with the racist practices of Anglo Texas. Vol.1206 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1206 Studies Vol.1207 118947:4 generallywithout properagreed documentation-upon starting andpoint her stems son wasfrom also the a infamousMexican speechnational by and then they-presidential together agreedcandidate to return Patrick to MexicoBuchanan with in further 1992 declaringorders to neverthe culture fraudulently war: “There enter is the a religiousUnited States war going again. on in our countryIn thatfor the same soul year, of America. 1954, Commissioner It is a cultural Joseph war, Swingas critical of the to theImmigration kind of nation and weNaturalization will one day be Serviceas was themounted Cold War a itself.”mass6 Buchanan’srepatriation sentimentscampaign wereof moreillegal fully Mexican articulated workers, in the writingsdubbed of"Operation Allan Bloom, Wetback," William which J. Bennett, resulted E.D. in anHirsch, INS estimatedDinesh D’Sousa, return andof 1.3 Dianne million Ravitch workers (before to Mexico. her recent The meansconversion). of repatriation7 Conservatives varied – some migrants were forced to return; some left voluntarily – but the effect was the same. Operation Wetback sent a strong message REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and theirto the politics Mexican with peopleregard aboutto education, their rights race andto liveimmigration); and work Francisco in the Valdes,United CultureStates. by It Law:also Backlashsent a stroas Jurisprudenceng message , to50 AngloVILL. L.growers. REV. 1135 It (2005)stated [hereinafterthat growers Valdes, would Jurisprudence not be held] (explaining responsible the consequencesfor the mass of backlashmigration Kulturkampf that they on lawinitiated and society); and Francisco perpetuated Valdes, "Weby Are actively Now of therecruiting View": Backlashand employing Activism, undocumentedCultural Cleansing, labor. and Massthe Kulturkampf repatriation to Resurrect the Old Deal, 35 SETON HALL L. REV. 1407 (2005) [hereinafter Valdes,occurred Old at Deal a ]time (describing when recentthe Bracero culture warProg casesram and was their running effect); Deniseat its Ferreirapeak. At da theSilva, same Introduction: time, the The contradictory Global Matrix messageand the Predicamentwas sent toof "Postmodernisms":Mexican immigrants An Introduction that they to thewere Critique not wantedof Kulturkampf in the, 35 United SETON HStates,ALL L. RyetEV . their1281 (2005)labor (explainingwould be theremunerated criticisms of and Kulturkampf); rights protected Martha T.if theyMcCluskey, had a BraceroHow Equality contract. Became Elitist: The Cultural Politics of Economics from the Court to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)In (analyzing what migh culturet havewars frombeen anpossibly economic the standpoint); first public Sylvia relations R. Lazos Vargamilitarys, "Kulturkampf[s]"-style operation, or Swing"fit[s] ofand spite"?: his Takingagents thestrongly Academic controlled Culture Warsmedia Seriously coverage,, 35 createdSETON H ALLpress L. RreleasesEV. 1309 to(2005) tout (explaining successes the in needterms to takeof deportations, academic culture and craftedwars seriously); media relations Guadalupe in T.a mannerLuna, Introduction: conducive Kulturkampfto INS interests. Revelations, The INSRacial created Identit aies mobile and Colonizingtask force Structuresto round, -up35 SETON HALL L. REV. 1191 (2005) (focusing on the politics of racial identity). OtherMexicans scholarly and works force explore them thesouth legal of relationship the border. between Communities Native American were andliterally Black encircled identities byand severalKulturkampf hundred. See borderCarla D.patrol Pratt, agents.Tribal KMilitaryulturkampf: terms The Rolelike of“sweeps” Race Ideology and “operations”in Constructing were Native deployed American to Identitycontain, a35 poSetonpulation, Hall L.and Rev. force 1241, them PAGE# over (2005)the border (examining via bus, the boat,law’s narrativetrain, and use air of lifts. white supremacy and black inferiority to shape Native American identities). No records exist explaining how the family reunited later that 6 JAMES D. HUNTER & ALAN WOLFE, IS THERE A CULTURE WAR? A DyearIALOGUE in Texas ON VALUES but theAND parentsAMERICAN of P DonUBLIC RafaelLIFE 1 (E.J.secured Dionne, his Jr.US Michael birth Cromartiecertificate eds., on 2006).August 18, 1954 at the exact moment when INS mass7 See deportations generally A LLANknown BLOOM as ,“Operation THE CLOSING Wetback” OF THE AwereMERICAN deployed MIND (1988)in Texas (explaining (see Chronology how the American below). higherSeven educationyears after student’ his sbirth, souls theare impoverished due to the higher education system failing democracy); DINESH parents were undocumented Mexican citizens but their son born D’SOUZA, ILLIBERAL EDUCATION; THE POLITICS OF RACE AND SEX ON CAMPUS (1998)on US [hereinafter soil was a D’ScitizenOUZA by1998 birth.] (discussing His parents how race put andthe irgender own statuspolitics affectin the scholarship); United States DINESH in D’S jeopardyOUZA, THE by END contacting OF RACISM :local PRINCIPLES government FOR A MofficialsULTICULTURAL to secure SOCIETY their son’s(1995) US[hereinafter birth certificate. D’SOUZA Catholic1995] (examining Church whetherrecords racialindicate prejudice Don Rafaelis an inherentwas baptized or learned at atrait); mission E.D. churchHIRSCH, CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW (1988) (arguingthree days that priorAmerica to isthe failing issuance to teach of childrenhis US the bir basicth certificate,knowledge thatmost is requiredlikely as to the function necessary in society); provision DIANNE of proof RAVITCH of residency., NATIONAL STANDARDS IN AMERICANDon ERafael’sDUCATION :mother’s A CITIZEN border'S GUIDE crossing (1990) [hereinafter card (identifying RAVITCH 1990] she (analyzingentered with the herhistory, son 5p monthsurpose, andprior effectsto his birth)of nationalized and internal education INS standards);documents DthatIANNE unequivocally RAVITCH, THE R EVISIONISTSdismiss the R EVISEDcase again: A CRITIQUEst the familyOF THE RADICAL ATTACK ON THE SCHOOLS (1978) [hereinafter RAVITCH 1978] (rebuttingare highly critiques representative that public ofschools the timeframeare tools used of bymass the governmentdeportations to oppresstargeting individuals). U.S. residents Seemingly of following Mexican the descent lead of Ariana– particularly Huffington alongin the recognitionthe border. of theirConflicting past errors, informationRavitch’s most recentmakes two booksit impossible are rebukes toof the exact changes in education she advocated at the height of the culture wars. 1208Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 12081168 Studies Vol. 120747:4 definitivelydifferent from establish its predecessors, Don Rafael’s particularly birthplace, since itbut had vi theewing benefit the documentsof two years within of planning. the context of a Bracero Program that recruited unattachedLike the male shift laborers,in conference contradictory scheduling, recruitment/deportation other changes have takenpractices place such within as thethe ElLatCrit Paso entityIncident, including and Operation concerted Wetback efforts toincreased continue the a precariousprocess of institutionalization. status of Mexican-origin In recent famili years,es. there has beenIt seems a growing that focusimmigration on how toviolation capitalize events on its documented critical niche, in continue1954 must cultivating be viewed thewithin next the generation context of ofOperation critical scholars,Wetback, andbut ensuredeportation that hearingsthe bato n rarelyof outsider enter jurisprudence historical context is passed into along. the Internally,deliberations. the Notwithstanding organization haswhat shifted,seems likeincluding an obvious a gradualstatute changingof limitations of the question, guard 47in itleadership, is well documented so to speak, in asthe wellscholarly as a downsizingliterature that in theadministration. massive sweeps For ofexample, the time fromdid not2008 effectively to the present,distinguish the betweenBoard of MexicanDirectors Americans,was intentionally legal downsized,resident aliens, with aBracero growing contract number holders, of Board and seats undocumented being occupied immigrants by junior in lawthe professors.one-year removal6 of 1.3 million residents of Mexican descent. In the particularAnother majorcase of developmentDon Rafael, itis seemsLatCrit’s from acquisitionexisting evidence of a physicalthat he wasspace completely for the organization.unaware of his The noncitizen property, status Campo and SanoINS (Spanishdeportation for orders.“Camp HealAt anythy,” time or more had literally,he known “Camp his statusSanity”), was is aillegal, ten-acre several parcel options of land to located regularize in Central status Florida.could have7 Purchased been done by LatCrit(particularly in 2011, in 1986the spaceIRCA islegislation home to Theand LivingSAW programsJustice Center were andoptions the foregoneLatCrit Communityeven though Campus. he clearly8 The would physical have metfacility residency serves asand a workmeans requirements). “to level the Hadplaying he knownfield and his give citizenship LatCrit statusactivists was a fightingin question, chance even to bein heard.” 1965, 9 familyThe space reunification is intended provisions likely would have allowed him to pursue US citizenship pathways if INS informationto serve was asaccurate the hub about of histheir grandparents’ educational, USresearch, citizenship. But Donadvocacy Rafael and has activism a very tocommon remedy last the name imbalance and his and varied employmentdeficiencies has ofmeant the currenthis social legal security system. number Having has an been submittedindependent by several physical employers base for morehas thanbecome one Rafael.critical Withas his name universitiescoming up onand several law schoolse-Verify increasinglylists, the day are he evensought less a U.S. passport to visit his grandchildren in Mexico was the day events of early 1954 Arizona and the long shadow of history caught up with him. With testimony under oath establishing his Mexican Naming and Launching a New Discourse of Critical Legal Scholarship, 2 Hcitizenship,ARV. LATINO DonL. REV Rafael. 1 (1997). as a life long US resident found himself fightingSee also deportation LatCrit Biennial in 2012. Conferences, LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrit- biennialV. -conferences/CHRONOLOGY (last visited OF EVENTSJuly 5, 2013) PERTAINING (providing a list TOof the DON previous conferences, and providing direct links to view symposia articles for some years (found by following RtheAFAEL respective CASE, year’s 1954 link to its corresponding webpage). Additionally, LatCrit hasAt developed a dinner a withsubstantial International body of scholarship labor from severalMay other 11 stand -aloneleaders, symposia: Laredo inter Times alia the publisher South-North William Exchange, Allen the Study Space Series, isthe told International that A.G. andBrownell Comparative suggested Colloquia. “shooting LatCrit Symposia, LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/publications/latcritillegals” as a method of -deterrence.symposium/ (last visited July 5, 2014). 6 These include Professors Marc-Tizoc González, Andrea Freeman, and César47 “NoCuahtémoc person shallGarcía be Hernández. prosecuted, See tried, About or punishedLatCrit, suprafor violation note 3 (listingof any provisionthe professors of Sections on the 1423 LatCrit to 1428, Board inclusive, of Directors of Cha andpter their 69 [nationality respective andlaw citizenshipschools). offenses] and Sections 1541 to 1544, inclusive, of Chapter 75 [passport7 Campo and Sanovisa , offenses]LATCRIT: ofLATINA Title AND18 ofL ATINOthe United CRITICAL States LEGAL Code, T HEORYor for, conspiracyINC, http://www.latcrit.org/content/campo to violate any of such Sections,-sano/ unless (last the visited indictment July 5, is2014). found or the 8 informationId. is instituted within 10 years after the commission of the offense.”9 Id. 18 U.S.C. § 3291 (2011). Vol.1208 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 1208 Studies Vol.1209 118947:4 generallyJune 9agreed -upon Californiastarting pointroundup stems and fromdeportation the infamous begins speechJune by 10then - presidential Phase candidate One of AZ Patrick-CA Operation: Buchanan Bus in-lift 1992 declaring the culture war:First “There Greyhound is a religious Bus leaves war going El Centro, on in CAour country for the soulfor of Nogales, America. AZ It withis a detaineescultural war, from as the critical San to the kind of nation Franciscowe will one regional day be detentionas was the center Cold Warand itself.” 6 Buchanan’s sentimentsroadblock/inspection were more fully captures.articulated A in total the ofwritings 28 of Allan Bloom, Williambuses withJ. Bennett, 1,008 migranE.D. Hirsch,ts are shippedDinesh toD’Sousa, and Dianne RavitchArizona (before for her rail recent transport conversion). to Mexican7 Conservatives interior. June 17 Phase Two of AZ-CA Operation: Sweeps Agricultural regions of AZ and Southern REV. 1155 (2005) [hereinafter Santiago, Race] (analyzing culture wars and their politics with regardCA targets to education, of sweeps. race INSand authoritiesimmigration); findFrancisco a Valdes, Culture by Law:great Backlash deal of as grower Jurisprudence willingness, 50 VtoILL help. L. RidentifyEV. 1135 (2005) [hereinafter Valdes,those Jurisprudencewithout papers.] (explaining the consequences of backlashJun Kulturkampfe 20 on lawSweeps and society); continued Francisco in Valdes,same "We fashion Are Now inof the View": Backlash Activism, Cultural Cleansing, and the Kulturkampf to Resurrect the Old DealCentral, 35 S ETONValley H ALLof CaliforniaL. REV. 1407 by (2005)setting [hereinafter up bases Valdes, Old Deal] (describingin Fresno recent and culture Sacramento. war cases and their effect); Denise FerreiraJuly da 3 Silva, Introduction: First Themobile Global Matrixtask andforce the Predicamentdeployed inof "Postmodernisms": An McAllen,Introduction TX to theto Critiqueset up ofroadbloc Kulturkampfk inspections,, 35 SETON HALL L. REV. 1281 (2005)inspect (explaining trains, the and cr iticismsdeter migrantsof Kulturkampf); from movingMartha T. McCluskey, How Equality Became Elitist: The Cultural Politics of Economics from the Courtnorthward. to the "Nanny Wars", 35 SETON HALL L. REV. 1291 (2005)July (analyzing 15 culture wars First from day an of economic full operations standpoint); in Texas.Sylvia R. Focus Lazos Vargas, "Kulturkampf[s]"on Loweror "fit[s] Rio of Grande spite"?: Valley.Taking the Academic Culture Wars SeptemberSeriously, 35 SETON FirstHALL L.deportation REV. 1309 (2005) via sea. (explaining S.S. the need to take academic culture wars seriously); Guadalupe T. Luna, Introduction: Kulturkampf3 Revelations,Emancipation Racial Identit andies Vera and CruzColonizing eventually Structures sailed, 35 SETON HALL L. REV. the1191 2,000 (2005) mile (focusing trek fromon the Port politics Isabel, of racial TX identity).to Other scholarly worksVeracruz, explore the MX legal 26 relationship times, both between ships Native carrying American a and Black identitiestotal and of 800Kulturkampf deportees. See per Carlatrip. D. Pratt, Tribal Kulturkampf: The Role of Race Ideology in Constructing Native American Identity, 35 Seton Hall L. Rev. 1241, PAGE# (2005) (examining the law’s narrativeAnd useyet ofthe white question supremacy is why and would black thisinferiority allegory to shapebe relevant Native Americannow? Theidentities Obama). Administration did not create the “undo6 cumentedJAMES D. HimmigrationUNTER & ALAN problem”,WOLFE, I S butTHERE their A C ULTUREsolution W ARhas? A DspawnedIALOGUE ONa VwholeALUES hostAND AofMERICAN questionable PUBLIC L IFEenforcement, 1 (E.J. Dionne, detainment, Jr. Michael Cromartieand deportation eds., 2006). practices that threaten civil liberties and 7 See generally ALLAN BLOOM, THE CLOSING OF THE AMERICAN MIND (1988)protections (explaining guaranteed how the to American all persons higher under education the USstudent’ Constitution.s souls are impoverishedImmigration due enf toorcement the higher during education the system Obama failing administration democracy); DINESH has D’SnowOUZA reached, ILLIBERAL the EnumberDUCATION ;(2 T HEmillion POLITICS deportations) OF RACE AND thatSEX ONsurpasses CAMPUS (1998)the two[hereinafter forced D’SdeportationOUZA 1998 ] (discussingcampaigns: how the race firstand genderduring politics the affectDepression scholarship); known DINE asSH the D’S OUZAGreat, T HERepatriation END OF RACISM and: 1954PRINCIPLES “Operation FOR A MULTICULTURAL SOCIETY (1995) [hereinafter D’SOUZA 1995] (examining whetherWetback.” racial The prejudice Obama is adminian inherentstration’s or learneddeportation trait); stateE.D. HofIRSCH the, CnationULTURAL persists LITERACY in: spiteWHAT ofE VERYexecutive AMERICAN authority’s NEEDS wideTO -rangingKNOW (1988) and (arguingsweeping that powers America as iswe failing saw towhen teach the children DHS the reported basic knowledge they would that no is requiredlonger todeport function “low in -society);risk” DundocumentedIANNE RAVITCH , Npeople.ATIONAL STANDARDSAs Maria IN AHinojosa’sMERICAN E DUCATIONfantastic: APBS CITIZEN expose'S G UIDELost (1990)in Detention [hereinafter48 asked, RAVITCH who 1990] is (analyzing the history, purpose, and effects of nationalized education standards);profiting from DIANNE the R AVITCHadministration’s, THE REVISIONISTS target R EVISEDof 400,000: A CRITIQUE deportations OF THE RperADICAL year. A TTACK ON THE SCHOOLS (1978) [hereinafter RAVITCH 1978] (rebutting critiques that public schools are tools used by the government to oppress individuals). Seemingly following the lead of Ariana Huffington in the recognition48 Lost ofin theirDetention past errors, (PBS televisionRavitch’s mostbroadcast recent Oct. two 18. books 2011), are available rebukes ofat thehttp://www.pbs.org/wgbh/pages/frontline/lost exact changes in education she advocated-in at-detention/. the height of the culture wars. 1210Vol.1168 47:4 The Contemporary47 JO HN MARS Assault HALL L. on R EthnicEV. 12101168 Studies Vol. 120947:4 differentRepublican from its solutionspredecessors, to particularlyimmigration since reform it had include the benefit the proposedof two years “self of- deportation,”planning. which is the epitome of neoliberal nativism.Like theSelf -deportationshift in conference strategies scheduling, purport to other be a changeshumane haveway takenof removing place withinthe likelythe LatCrit 11 million entity , undocumentedincluding concerted immigrants efforts toresiding continue in athe process United of institutionalization.States without proper In recentpapers years, and theremost hasoften been without a growing any legitimatefocus on howpathways to capitalize to U.S. on citizenship. its critical niche,Being continueneither humanecultivating nor theworkable, next generation self-deportation of critical only scholars,makes sense and ensureonce people that choosethe bato to nstay of inoutsider the shadows jurisprudence of the lawis passedand then along. the Internally,central role thethe stateorganization would playhas inshifted, forcing includingmass deportations a gradual or changingcostly detentions. of the guardSelf-deportation in leadership, is the so greatto speak, lie of as the well political as a downsizingnativist resurgence, in administration. this time inFor its example, neoliberal from guise. 2008 Vigilantes to the present,enforcing the the Boardborder of or Dire immigrantsctors was selfintentionally-deporting aredownsized, based on with the asame growing lie numberof neoliberalism of Board seatsthat beingsociety occupied operates by bestjunior when law professors.government6 does not intrude in affairs (of course neoliberalism is mostAnother often majoraimed developmentat economic is policy,LatCrit’s deregulation, acquisition ofand a physicalprivatization). space Whetherfor the organization.the statement The is trueproperty, or not, Campo it is Sanoclear (Spanishthat neoliberals for “Camp are Healmostthy,” often or cloaking more literally, their own “Camp preferred Sanity”), forms is aof tenstate-acre intrusion parcel ofunder land the located guise in of Centrallaissez- faireFlorida. policy.7 Purchased by LatCritKansas in 2011, Secret theary space of State is homeKris Kobach,to The Livingarchitect Justice of Arizona’s Center andSB1070, the LatCritwas theCommunity key immigration Campus. 8 Theadvisor physical to facilitythe Romney serves presidentialas a means campaign.“to level the A playing“smoke field‘em out”and giveproponent LatCrit – Kobachactivists as a counselfighting chanceof the toImmigration be heard.”9 TheLaw space Reform is intended Institute, sees state governments as essential in turning up the heat to make undocumentedto serve immigrantsas the hub so ofmiserable their educational, that they haveresearch, no choice but toadvocacy leave. SB1070,and activism with USto remedySupreme the Court imbalance approval, and allows Arizonadeficiencies law enforcement of the tocurrent racially legal profile system. those Havingthey suspect an of “lookingindependent illegal.” Similar physical laws basein Alaba hasma, become such as criticalHB56 passed as in 2010, universitiesseek to supersede and law federal schools immigration increasingly law are have even alsoless been crafted and litigated by Kobach. Immigration dilemmas have not been solved by increased enforcement and criminalization but it is the only tune that seems Naming and Launching a New Discourse of Critical Legal Scholarship, 2 toHARV play. LATINO in Washington L. REV. 1 (1997). these days. Until a sane and effective legal immigrationSee also LatCritsystem Biennialis put intoConferences place ,(something LATCRIT: LneitherATINA & party LATINO is committedCRITICAL L EGALto enacting), THEORY, IundocumentedNC., http://latcrit.org/content/conferences/latcrit migration will continue to- bebiennial the -conferences/likely result. (last Those visited who July pay5, 2013) the (providingconsequences a list ofare the the previous Don conferences, and providing direct links to view symposia articles for some Rafaeyears l’s(found and bytheir following families the whorespective get caught year’s uplink and to itssplit corresponding up in the deportationwebpage). state of the nation. Additionally, LatCrit has developed a substantial body of scholarship from several other stand-alone symposia: inter alia the South-North Exchange, the Study Space Series, the International and Comparative Colloquia. LatCrit Symposia, LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY,

INC., http://latcrit.org/content/publications/latcrit-symposium/ (last visited July 5, 2014). 6 These include Professors Marc-Tizoc González, Andrea Freeman, and César Cuahtémoc García Hernández. See About LatCrit, supra note 3 (listing the professors on the LatCrit Board of Directors and their respective law schools).

7 Campo Sano, LATCRIT: LATINA AND LATINO CRITICAL LEGAL THEORY, INC, http://www.latcrit.org/content/campo -sano/ (last visited July 5, 2014). 8 Id. 9 Id.