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Contemporary Issues In Haney Lopez's White By Law

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After reading Haney Lopez’s White By Law, I was interested in discussing how his concepts applied to contemporary issues like the Black Lives Matter Movement and All Lives Matter Movement. Despite seventeen years time difference, between the book’s publishing date and the new social movements, Haney Lopez’s work is able to remain relevant and touch upon contemporary issues. Curiosity led me to attend Professor Haney Lopez’s office hours in the Boalt School of Law. Haney Lopez explains the Black Lives Matter Movement as using race to recognize the racial discrimination that African Americans experience within society and allows for these community specific issues to be addressed. Whereas, the All Lives Matter Movement is problematic as it assumes …show more content…

He focuses on the opinions to “highlight the contradictions inherent in the courts,”(24). Haney Lopez can improve his argument by analyzing if the court was powerful by implementing their decisions as recent scholars suggests that the Supreme Court has historically been unable to implement their decisions alone. In one of the first major Supreme cases, Worchester v. Georgia (1832), President Jackson comments, “Marshall has made his decision, now let him enforce it, ” the decision is not implemented as it lacks the support of other political branches (Bruyneel). In Re Brown v. The Board of Education (1954), often referred to as “crown jewels,” is not enforced until Congress assists with its implementation (Rosenberg). Historically, the Supreme Court could not enforce their decisions alone prior to or after the prerequisites cases (1878-1909) suggesting that the court does not have any legitimacy or impact alone. While it was not Haney Lopez’s intention to study the impact of the court, it is necessary for the author to consider the Supreme Court’s power to avoid overstating the importance of a decision and centering his argument to an inappropriate degree on just two Supreme Court cases that may or may not be of …show more content…

As Weber mentions, “Rulership is not practiced in a vacuum…” suggesting that there are other influences at work to legitimize the ruling institution (Peter Hamilton, 168). This influence can be seen through Gomez’s critique of Haney Lopez’s failure to analyze the role ground level politics played In Re Rodriguez decision. In Re Rodriguez, is unique as it was one of the few cases that a litigant is able to successfully declared white. Haney Lopez explains the In re Rodriguez ruling based the on various treaties that provides citizenship to Spaniards and Mexicans during the expansion of the US to Florida and the Southwest (Haney Lopez, 44). Gomez asserts that Haney Lopez did not consider the political context during the ruling of Rodriguez as there was a large labor shortage caused by the Chinese Exclusion Act and the Gentleman’s Agreement. It is this shortage that provides context to the Federal Judge in Texas to rule that Rodriguez is “white enough,” as a strategic move towards ending the labor shortage (Manifest Destiny 139). The Judge’s ruling was heavily weighted by the social context that Mexican immigrants were the choice of labor in the US. As Gomez highlights, In Re Rodriguez demonstrates a variety of political complexities at work rather than just the treaties that Haney Lopez alludes to. This suggests that Haney Lopez was

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