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February 17, 2021


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LawProf John Banzhaf

Professor Roman writes “Amend reminds me of the recent controversy at U. PENN Law, where faculty member, Amy Wax, was condemned for making racist anti-immigrant anti-Latinx comments. Thankfully, I was pleased to read U. Penn's condemnation of Wax's ignorant views.”

But condemning her views does not refute them. Here’s what I wrote then:

NEW YORK LAW JOURNAL - Amy Wax Controversy Drags Penn Law Into Free-Speech Dilemma

"George Washington University law professor John Banzhaf took a slightly different view in his critique of Penn Law’s response to the latest Wax controversy. Rather than simply labeling her comments as racist, the law school and her critics should have refuted her conclusions about immigration policy with a reasoned analysis, he wrote.
'If Penn disagrees with a professor, they should prove her wrong, not simply label what she said as ‘racist,’ and assume that should end all argument and provide the basis for punishment,' Banzhaf wrote."

Here’s more of what I wrote:
Fair? Fire Penn U Prof For “Racist” Claims Without Refuting Them;
Labeling Claims “Racist” or “Hurtful” Doesn’t Disprove Them – Facts Are Best Response

Enrique Guerra-Pujol

Though I detest the faddish "Latinx" neologism of the day, I have to confess this "rant" struck a nerve with me! we Hispanics continue to be grossly under-represented in academia, regardless of our politics, but I draw a different lesson from this fact: among liberal academics, self-serving hypocrisy and rank discrimination are still the order of the day.

John Browning

Well said, Ediberto. This pattern of overlooking the Latinx community’s legal history is one reason why the Winter 2021 issue of the Journal of the Texas Supreme Court Historical Society ( accessible now at and the Spring 2021 issue both showcase important topics and civil rights milestones for the Latinx community in Texas and beyond.

Ediberto Roman

Dear Enrique, I too hate the term, but have recently taken a shot at trying to sound modern and hip (yes, that word gives me away). I believe I am returning to my old approach: Latinas and Latinos---I do not like made-up English words to describe us--even if progressive (the non-binary motivation behind Latinx is notworthy--thus I remain a bit torn). And yes, we certainly agree on our lack of representation--thrilled you are put of the Latin-legal-trouble-makers. Let's chat off list sometime in the near future.

John, thank you for the important point and citation. I will read it tonight. Appreciate the support.



LawProf John Banzhaf


Over 90% of Hispanics and Latinos don’t like to be called Latinx

Why the Term ‘Latinx’ Hasn’t Taken Off Among Latins -- And Likely Never Will

Pew Research Center - Hispanic Trends
About One-in-Four U.S. Hispanics Have Heard of Latinx, but Just 3% Use It

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