Citizenship and Latinx Invisibility...

 

The Netflix Amend series

 is a powerful, informative, star-studded affair educating us on so many important facets of the 14th Amendment of the U.S. Constitution.  During Black History Month, this sophisticated series, one that I would and have recommended it to my immigration and constitutional law students, is sorely needed during times when various members of our society are fighting for their rights, and others are attempting to reclaim their historical privileged rights, i.e., MAGA and the January 6th riots.

 

I also appreciated Amend's diverse cast, with Hollywood A-listers, and scholars like Sherrilyn Ifill, who was amazing! But once again, a significant ethnic and racial minority group at the center of today's debates concerning "who we are" as Americans are almost invisible in the series. In a week when purportedly a comprehensive immigration bill is going to be proposed to Congress, there are just too few Latina and Latino legal scholars in the series. Yes, Amend has a couple Latinx actors, and a Latina Historian, Kelly Lytle Hernanadez, who was fantastic! But is that enough? When challenging legal issues are raised in the series, more often than not, a White man is teaching us the law--Urgh!!!

 

Much like your law schools and their respective faculties, where Latinas and Latinos are clients in your clinics, and you may actually have a smattering Latinx students in your classes, but do your schools have Latina and Latino representation in leadership roles? Deans? Tenured faculty? Tenure-track faculty? How many members of the largest ethnic and racial minority group in the land are represented in your sacred towers of equality and justice (in case you wonder, sarcasm intended in my usual subtle way)?

 

In some respects, 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, and I was thrilled when Penn's leadership proudly proclaimed Penn's commitment to diversity and inclusion.  In light of its condemnation, I looked up U. Penn's law faculty directory and despite of its embrace of diversity and inclusion, I could find not one tenured or tenure-track Latinx faculty member on its faculty page( I note Professor Fernandez is listed as a lecturer---for argument's sake, one should evidently feel grateful to find a handful Latinx tenured or tenure-track faculty (which I bet they don't have) on a faculty list of nearly 70 .  As I have done in the past, I invite Penn Law to correct my mistaken impression concerning their Latinx diversity. I also, by the way, offer Professor Wax an open invite to debate me on the superiority of Whites and/or White immigrants. 

 

As I finish my rant here, let me remind Netflix, Will Smith, and all good liberal law professors out there-- next time you applaud the virtues of citizenship and inclusion, try to remember Latinx communities (as well as Asian, Arab, Muslim, and other too-often-invisible groups within our society) at your next faculty meeting, and perhaps even your next appointment search ( I will hold my breath).

Comments

[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 https://bit.ly/2K9EBBH

"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
https://bit.ly/2MfOrES

[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 www.texascourthistory.org) 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.

Peace,

E

[LawProf John Banzhaf]

Re: LATINX

HOUSTON CHRONICLE
Over 90% of Hispanics and Latinos don’t like to be called Latinx
https://bit.ly/2ZwMJ7l

BILLBOARD
Why the Term ‘Latinx’ Hasn’t Taken Off Among Latins -- And Likely Never Will
https://bit.ly/2ZyrQIQ

Pew Research Center - Hispanic Trends
About One-in-Four U.S. Hispanics Have Heard of Latinx, but Just 3% Use It
https://pewrsr.ch/2Zys8zq