Legal Borderlands


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Porous Borders


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With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.




Legal Codes and Talking Trees


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CHAPTER 7. Louisa Enick, "Hemmed In on All Sides": Washington, 1855-1935 -- CHAPTER 8. "The Acts of Forgetfulness": Indigenous Women's Legal History in Archives and Tribal Offices Throughout the North American West -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z




Rethinking the Borderlands


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"This is a rich and innovative synthesis of a broad range of theoretical perspectives. It elevates academic discussions of Chicano literature and cultural production to new levels of sophistication."—George Lipsitz, author of Time Passages "One of the most important works in Chicano cultural criticism to have been written in the last twenty years. Its critique of American legal discourse is rigorous, piquant, and dazzling in its elegance."—Ramón Gutiérrez, author of When Jesus Came the Corn Mothers Went Away "Offers a new perspective on Chicano cultural practices by bringing together for the first time critical legal studies, film and media studies, and cultural studies. His work is sure to draw a whole new readership to the field of Chicano and Chicana studies. Scholars will find this a wonderfully profitable book."—Ramon Saldivar, Stanford University




Civil Rights in the Texas Borderlands


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In 1907, physician Lawrence A. Nixon fled the racial violence of central Texas to settle in the border town of El Paso. There he became a community and civil rights leader. His victories in two Supreme Court decisions paved the way for dismantling all-white political primaries across the South. Will Guzmán delves into Nixon's lifelong struggle against Jim Crow. Linking Nixon's activism to his independence from the white economy, support from the NAACP, and the man's own indefatigable courage, Guzmán also sheds light on Nixon's presence in symbolic and literal borderlands--as an educated professional in a time when few went to college, as an African American who made waves when most feared violent reprisal, and as someone living on the mythical American frontier as well as an international boundary. A powerful addition to the literature on African Americans in the Southwest, Civil Rights in the Texas Borderlands explores seldom-studied corners of the Black past and the civil rights movement.




Beyond the Borders of the Law


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In the American imagination “the West” denotes a border—between civilization and wilderness, past and future, native and newcomer—and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power. The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women’s rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.




Confederates and Comancheros


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A vast and desolate region, the Texas–New Mexico borderlands have long been an ideal setting for intrigue and illegal dealings—never more so than in the lawless early days of cattle trafficking and trade among the Plains tribes and Comancheros. This book takes us to the borderlands in the 1860s and 1870s for an in-depth look at Union-Confederate skullduggery amid the infamous Comanche-Comanchero trade in stolen Texas livestock. In 1862, the Confederates abandoned New Mexico Territory and Texas west of the Pecos River, fully expecting to return someday. Meanwhile, administered by Union troops under martial law, the region became a hotbed of Rebel exiles and spies, who gathered intelligence, disrupted federal supply lines, and plotted to retake the Southwest. Using a treasure trove of previously unexplored documents, authors James Bailey Blackshear and Glen Sample Ely trace the complicated network of relationships that drew both Texas cattlemen and Comancheros into these borderlands, revealing the urban elite who were heavily involved in both the legal and illegal transactions that fueled the region’s economy. Confederates and Comancheros deftly weaves a complex tale of Texan overreach and New Mexican resistance, explores cattle drives and cattle rustling, and details shady government contracts and bloody frontier justice. Peopled with Rebels and bluecoats, Comanches and Comancheros, Texas cattlemen and New Mexican merchants, opportunistic Indian agents and Anglo arms dealers, this book illustrates how central these contested borderlands were to the history of the American West.




A Law for the Lion


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"Esto no es cosa de armas" (this is not a matter for weapons). These were the last words of Don Francisco Gutiérrez before Alonzo W. Allee shot and killed him and his son, Manuel Gutiérrez. What began as a simple dispute over Allee's unauthorized tenancy on a Gutiérrez family ranch near Laredo, Texas, led not only to the slaying of these two prominent Mexican landowners but also to a blatant miscarriage of justice. In this engrossing account of the 1912 crime and the subsequent trial of Allee, Beatriz de la Garza delves into the political, ethnic, and cultural worlds of the Texas-Mexico border to expose the tensions between the Anglo minority and the Mexican majority that propelled the killings and their aftermath. Drawing on original sources, she uncovers how influential Anglos financed a first-class legal team for Allee's defense and also discusses how Anglo-owned newspapers helped shape public opinion in Allee's favor. In telling the story of this long-ago crime and its tragic results, de la Garza sheds new light on the interethnic struggles that defined life on the border a century ago, on the mystique of the Texas Rangers (Allee was said to be a Ranger), and on the legal framework that once institutionalized violence and lawlessness in Texas.




Comparative Legal Metrics


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The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.




The Spatial, the Legal and the Pragmatics of World-Making


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Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial'. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making'. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay.