Chicanx Latinx Law Review

The true impact of the Symposium will be defined in three key ways: 1) the direction and magnitude of Latinas teaching at U.S. law schools, 2) the fluency of people in positions of power to integrate a Latina lens to decision-making across issues, and 3) the frequency and breadth of Latina-led interventions to build infrastructure that substantively responds to the needs of Latinas and similarly situated populations. Until then, today’s dereliction of law and policy to integrate Latina leaders into positions of power and influence requires a new narrative, one that articulates a basis for institutional, structural, and systemic remediation of white-led, white-serving institutions, should society attempt to meaningfully salvage the nation’s frail democratic institutions. Ultimately, the persistence of a status quo that renders Latinas and other similarly situated cohorts invisible, unimportant, or worse, erased, is not only perilous, but unsustainable. Present and future existential crises like worsening inequality, climate disasters, and artificial intelligence cannot be solved with an outright dependence on the acquiescence of a youthful and growing Latina cohort to an economic, political, and social agenda that has yet to depart from a non-Hispanic white imagination. Solutions to contemporary and future challenges exist; the Latina Futures Symposium is emblematic of the agency, dexterity, and ingenuity of Latina leaders when they are given the resources to lead.

This Report addresses a significant paradox within the U.S. legal profession: While Latinas represent 9.4 percent of the nation’s population, they only account for approximately 3 percent of attorneys, with even fewer in leadership roles across the legal profession. Following the 2009 research findings of the Hispanic National Bar Association’s Latina Commission, this Report provides a comprehensive examination of Latina attorneys’ and law students’ statistical representation and growth over the past fifteen years. The positive trend of more Latinas entering law school provides a beacon of hope for increased representation of Latina attorneys in the future. Despite this progress, disparities persist. Latinas encounter lower acceptance rates into top-ranked law schools, wage gaps, and remain significantly underrepresented in top legal roles in law firms, corporate law offices, the judiciary, and legal academia. These findings highlight the need for heightened commitment and systemic reforms to improve Latinas’ equitable access to legal education and opportunities for career advancement in the legal field. Recommendations include equitable admissions and hiring practices, tailored career and leadership development programs, transparent compensation systems and appointment processes, continued advocacy, and enhanced data reporting and research efforts to monitor progress and identify obstacles. Since its inception in 2008, the HNBA Latina Commission has played a crucial role in furthering the career and leadership development of Latina law students and lawyers. Yet, overcoming persistent disparities demands greater dedication and a united approach from the broader legal community. By working together, we can transform the legal profession into one that accurately reflects and serves the diverse fabric of American society.

My work has always been and will continue to be guided by my brother Robby’s life and influence on my understanding that the fight for civil rights and liberties is, at its core, a fight for human dignity. It is about each of us deserving the right to be recognized as an individual, and the vehicle for that recognition is through the law. After all, the law is only a tool—it can build, or it can destroy—and I want to use it to build a state and country that is big enough for all of us.

Shortly before America’s police brutality protests of 2020, a new term emerged for an old phenomenon in the criminal legal system: ghost warrants. These warrants are the result of outdated and sometimes inaccurate or incomplete information. Yet they continue to repeatedly land innocent people in jail, sometimes for months at a time. In essence, they haunt those they affect. During their detention, victims are susceptible to losing jobs, housing, and even family. Mistaken arrests disproportionately impact marginalized communities, specifically Black, Latine, poor, mentally ill, and immigrant populations. Hurdles compound when someone belongs to more than one of these communities or when they are the unfortunate victim of mistaken AI facial recognition.

Currently, there are few paths to clearing up such warrants, nor is there a widespread awareness among those with the power to create such pathways. A major underpinning of the challenge both victims and criminal defense attorneys face is the good faith exception to the exclusionary rule, where police who believe they are executing a valid warrant are not punished for mistakes made in its execution. The Supreme Court of the United States has thus far failed to acknowledge the systemic negligence resulting in mistaken arrests and therefore not incentivized law enforcement agencies to keep their records reasonably clear of mistakes. In 2023, it also denied certiorari in Sosa v. Martin Cnty., Fla., where a man named David Sosa had twice been arrested and detained on an out-of-state warrant for another David Sosa, despite an amicus brief from four other David Sosas. Without legal pathways to relief, victims of mistaken arrests are left with few options. But with a concerted effort between legals scholars, who bring analysis and awareness; legislators, who have the power to create change; and the judiciary, who has the power to enforce equitable measures, mistaken arrests could be drastically reduced.

This Comment examines the educational experiences of Indigenous Latine communities within the California public education system, utilizing existing state and federal law in conjunction with human rights framework outlined in the United Nations Declaration of the Rights of Indigenous Peoples (U.N. Declaration). While the Every Student Succeeds Act (ESSA) provides certain protections and programs for Native American students, the narrow statutory definition of “American Indian” excludes Indigenous Mexican students, hindering their access to critical educational benefits. Through a comprehensive analysis spanning historical, political, and legal contexts, this Article elucidates the systemic disparities faced by Indigenous Latine students, particularly focusing on the case study of Mixtec-speaking Indigenous Mexican students in a California school district.

Part I of this Comment outlines the human rights framework established by the U.N. Declaration, juxtaposing the educational rights afforded to Native American students with the challenges encountered by Indigenous Latine populations. Part II delves into the historical and political dynamics shaping Indigenous Latine education, exploring intersections such as immigrant status and English language proficiency. Part III presents a case study examining the educational experiences of Indigenous Mexican students within the California public school system, assessing their rights under both the U.N. Declaration and the ESSA. Finally, Part IV offers policy recommendations aimed at advancing educational equity for Indigenous Latine immigrant students.

This transcript captures an interview with one of law’s greatest Latina leaders: Ambassador Vilma Socorro Martínez. The interview occurred at the inaugural Latina Futures: Transforming the Nation Through Law & Policy Symposium on January 21, 2024, at UCLA’s Luskin Center. The Chicanx-Latinx Law Review’s Editor-in-Chief, Evelyn Sanchez Gonzalez, and Chief Articles Editor, Luz Murillo, had the honor and privilege of interviewing the Ambassador, specifically on two topics: her impressive civil rights career at the NAACP and MALDEF, and her thoughts on future leadership towards re-building democracy. This transcript only captures a small portion of her massive contributions to law and the reader is encouraged to continue learning about her legacy. It has been lightly edited for readability. An audio recording is also available with UCLA’s Latino Policy & Politics Institute.