The Mexican Legal System
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| Author | : Reynaldo Anaya Valencia |
| Publisher | : University of Arizona Press |
| Total Pages | : 223 |
| Release | : 2022-11-01 |
| Genre | : Social Science |
| ISBN | : 0816551197 |
The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system—but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status. Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law: - Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973) - Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001) - Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974) - Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997) - Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996) - Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997) - Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964) With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.
| Author | : Tania Ixchel Atilano |
| Publisher | : Springer Nature |
| Total Pages | : 334 |
| Release | : 2021-03-26 |
| Genre | : Law |
| ISBN | : 9462654557 |
This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universität Berlin, an LLM in German Law from the Ludwig Maximilian Universität, Munich, and attained her law degree at the ITAM in Mexico City.
| Author | : Andrea Castagnola |
| Publisher | : Routledge |
| Total Pages | : 191 |
| Release | : 2016-11-03 |
| Genre | : Political Science |
| ISBN | : 1315520605 |
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
| Author | : William Suarez-Potts |
| Publisher | : Stanford University Press |
| Total Pages | : 361 |
| Release | : 2012-09-26 |
| Genre | : History |
| ISBN | : 0804783489 |
Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
| Author | : Brian Philip Owensby |
| Publisher | : Stanford University Press |
| Total Pages | : 393 |
| Release | : 2008 |
| Genre | : History |
| ISBN | : 0804758638 |
Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).
| Author | : Francisco Avalos |
| Publisher | : William S. Hein |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Information storage and retrieval systems |
| ISBN | : 9780837739519 |
"This new edition continues to serve as a primary research guide to the laws and legal literature of Mexico. The work concentrates on federal legislation, organized into 48 subject sections, each containing an introduction, an outline of main law (listing titles, chapters and sections in English), and four subsections listing laws, regulations, periodical literature and books. The emphasis is on English-language primary and secondary materials. Also includes a guide to finding Mexican law on the Internet."--provided by publisher.
| Author | : Jorge A. Vargas |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 571 |
| Release | : 2011-08-11 |
| Genre | : Law |
| ISBN | : 9004206205 |
Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea; its involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo; and its current domestic legislation, in particular the Federal Oceans Act of 1986.
| Author | : Jeffrey K. Staton |
| Publisher | : Cambridge University Press |
| Total Pages | : 237 |
| Release | : 2010-03-22 |
| Genre | : Business & Economics |
| ISBN | : 0521195217 |
Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
| Author | : Jorge A. Vargas |
| Publisher | : |
| Total Pages | : 692 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
Three special features make this book unique in many respects. First, the book has been written by an eminent group of Mexican practitioners and academics recognized in Mexico for their legal expertise. These are attorneys working for prestigious law firms in Mexico who wrote their chapters keeping in mind the professional interest of American lawyers. Second, each of its seventeen chapters discusses a Mexican legal area commonly found in decisions rendered by state or federal courts in our country. These areas include personal injury, contracts, Fideicomisos, real estate, companies, Maquiladoras, promissory notes, family law, conflict of laws, letters rogatory, enforcement of judgments, etc. And third, most chapters include a legal glossary, a specialized bibliography and samples of practical Mexican legal documents. This up-to-date book, edited and co-authored by University of San Diego School of Law professor Jorge A. Vargas, a prolific author on Mexican law, will be invaluable for legal practitioners, judges and government officials who handle legal matters involving Mexican law, as well as for business and law students. "Whether a researcher is a seasoned Mexican legal scholar or new to the subject, tools that are laid out well, written by experts, and concisely written are always welcomed but not always available. This particular publication is one of the best structured books I have seen recently. If you deal with Mexican law you should consider having this one on your shelf." -- Legal Information ALERT
| Author | : José María Serna de la Garza |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 216 |
| Release | : 2013-05-31 |
| Genre | : Law |
| ISBN | : 1782251332 |
This book provides an overview of Mexico's political evolution since it became independent from Spain in 1821, and its current constitutional arrangements, principles and structures. The aim is to explain this evolution as the result of struggles between the interests and ideologies of different groups within Mexican society, each with a different political vision of how the State should be organised. Chapter 1 reviews Mexico's constitutional trajectory, and explains why democracy, republicanism, federalism, separation of state and church, protection of fundamental rights and the Nation's ownership of mineral resources first became constitutional principles. Chapters 2, 3, 4 and 5 deal respectively with democracy and the electoral system, and the legislative, executive and judicial branches of federal government. Chapter 6 introduces the institutional structure of Mexico's federal system, while Chapter 7 discusses the rules, principles and institutions for the protection of human rights. Chapter 8 examines the constitutional regime of Mexico's economy. The conclusion explains how a series of factors has combined to produce a gap between the formal Constitution and what can be seen as the living Constitution; bridging that gap presents Mexican politics and society with one of its great contemporary challenges.
