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A New Twist on the One Best System: Structured English Immersion Initiatives, Equal Opportunity, and Freedom to Learn, in The Miseducation of English Learners: A Tale of Three States and Lessons to be Learned (edited by Grace P. McField, Information Age Publishing, 2013).
Youth Civic Development and Education: A Consensus Report on a Conference (Co-authored), Stanford Center on Adolescence (2013).
Untoward Consequences: The Ironic Legacy of Keyes v. School District No. 1, 90(5) Denver University Law Review 1209 (2013).
Clark Kerr and Me: The Future of the Public Law School, 88(3) Indiana Law Journal 1021 (2013).
When Intercultural Competency Comes to Class: Navigating Difference in the Modern American Law School, 26(1) Pacific McGeorge Global Business & Development Law Journal 109 (2013).
Challenges and Opportunities: My Personal Journey, 31 Chicana/o-Latina/o Law Review 1 (2012).
Beyond the Loving Analogy: The Independent Logic of Same-Sex Marriage, in Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage 242 (edited by Kevin Noble Maillard and Rose Cuison Villazor, Cambridge University Press, 2012).
Equal Liberties and English Language Learners: The Special Case of Structured Immersion Initiatives, 54 Howard Law Journal 397 (2011).
What Counts as Knowledge?: A Reflection on Race, Social Science, and the Law, 44 Law And Society Review 515 (2010). Reprinted in part in 7 UCLA School of Law Journal of Scholarly Perspectives 43 (2011).
Let Freedom Ring: Making Grutter Matter in School Desegregation Cases, 63 University Of Miami Law Review 475 (2009).
Terms of Belonging, in The Constitution in 2020 133 (edited by Jack M. Balkin and Reva B. Siegel, Oxford University Press, 2009).
Rethinking Race, Equality, and Liberty: The Unfulfilled Promise of Parents Involved, 69 Ohio State University Law 1321 (2008).
Introduction: The Story of Law and American Racial Consciousness -- Building a Canon One Case at a Time (with Devon Carbado), in Race Law Stories 1 (edited by Rachel Moran and Devon Carbado, Foundation Press, 2008). Reprinted as modified in 76 University Of Missouri-Kansas City Law Review 851 (2008). Reprinted as "Race Law Cases in the American Story," in Civil Rights in the American Story (edited by Austin Sarat, Cambridge Univ. Press, forthcoming 2014).
The Story of Lau v. Nichols: Breaking the Silence in Chinatown, in Education Law Stories (edited by Michael A. Olivas and Ronna Greff Schneider, Foundation Press, 2008). Redacted and reprinted in Espanol En Estados Unidos Y Otros Contextos De Contacto: Sociolinguistica, Ideologia Y Pedagogia 277 (edited by Jennifer Leeman and Manel Lacorte, Iberoamericana Editorial Vervuert, 2009).
Loving and the Legacy of Unintended Consequences, 2007 Wisconsin Law Review 239 (2007).
Of Rankings and Regulation: Are the U.S. News & World Report Rankings Really a Subversive Force in Legal Education?, 81 Indiana Law Journal 383 (2006).
Of Doubt and Diversity: The Future of Affirmative Action in Higher Education, 67 Ohio State University Law Review 201 (2006).
Whatever Happened to Racism?, 79 St. John's Law Review 899 (2005).
Undone by Law: The Uncertain Legacy of Lau v. Nichols, 16 Berkeley La Raza Law Journal 1 (2005).
Brown's Legacy: The Evolution of Educational Equity, 66 University Of Pittsburgh Law Review 155 (2004).
Fear: A Story in Three Parts, 69 University Of Missouri Law Review 1013 (2004).
How Second-Wave Feminism Forgot the Single Woman, 33 Hofstra Law Review 223 (2004).
Love With a Proper Stranger: What Anti-Miscegenation Laws Can Tell Us About the Meaning of Race, Sex, and Marriage, 32 Hofstra Law Review 1663 (2004).
Book Review, 91 Journal Of American History 314 (2pp4). Review of Tell the Court I Love My Wife, by Peter Wallenstein and Race Mixing, by Renee Romano.
Foreword: Taking Stock: Women of All Colors in Legal Education, 53 Journal Of Legal Education 467 (2003).
The Transnational School, 9 UC Davis Journal Of International Law And Policy 64 (2003).
Fear Unbound: A Reply to Professor Sunstein, 42 Washburn Law Journal 1 (2003).
The Elusive Nature of Discrimination, 55 Stanford Law Review 2365 (2003). Book Review.
Law and Remembrance, in Language and the Law (Proceedings of a Conference, 2003).
Race, Representation, and Remembering, 49 UCLA Law Review 1513 (2002).
Law and Emotion, Love and Hate, 11 Journal Of Contemporary Legal Issues 747 (2001).
The Mixed Promise of Multiracialism, 17 Harvard Blackletter Law Journal 47 (2001). (Excerpt from Interracial Intimacy before the book’s publication.)
Diversity and Its Discontents: The End of Affirmative Action at Boalt Hall, 88 California Law Review 2241 (2000).
Sorting and Reforming: High-Stakes Testing in the Public Schools, 34 Akron Law Review 107 (2000).
Legal Investment in Multilingualism, in New Immigrants In The United States 421 (edited by Sandra Lee McKay and Sau-ling Cynthia Wong, Cambridge University Press, 2000).
Bilingual Education, Immigration, and the Culture of Disinvestment, 2 Iowa Journal Of Gender, Race, And Justice 163 (1999).
Diversity, Distance, and the Delivery of Higher Education, 59 Ohio State Law Journal 775 (1998).
What If Latinos Really Mattered in the Public Policy Debate?, 85 California Law Review 1316 (1998). Also published in 10 La Raza Law Journal 229 (1998); LATCRIT: LATINAS/OS AND THE LAW, A Joint Symposium by California Law Review and La Raza Law Journal.
Introduction, in Perspectives On Diversity (Association of American Law Schools, 1998).
Neither Black Nor White, 2 Harvard Latino Law Review 61 (1997).
Milo's Miracle, 29 Connecticut Law Review 1079 (1997). Excerpted in 15(4) Connecticut Family Law Journal 75 (1997).
Full Circle, in Critical Race Feminism: A Legal Reader 113 (edited by Adrien Wing, NYU Press, 1997).
Unrepresented, 55 Representations 139 (1996). Reprinted in Race And Representation: Affirmative Action (edited by Robert Post & Michael Rogin, Zone Books, 1998) and excerpted in Our Times: Readings From Recent Periodicals (edited by Robert Atwan, St. Martin's Press, 1998).
Courts and the Construction of Racial and Ethnic Identity: Public Law Litigation in the Denver Schools, in Legal Culture And The Legal Profession 153 (edited by Lawrence Friedman and Harry N. Scheiber, Westview Press, 1996). Excerpted in 50(6) Bulletin Of The American Academy Of Arts And Sciences 19 (Apr. 1997).
Commentary: The Implications of Being a Society of One, 20 University Of San Francisco Law Review 503 (1986). Anthologized in Latina Issues: Fragments of Historia(ella) (Herstory) (edited by Antoinette Sedillo Lopez, Routledge, 1995).
Diversity in Education, 9 Focus On Law Studies
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85 (2004). Full Text
Foreword--The Lessons of Keyes: How Do You Translate "The American Dream"?, 1 La Raza Law Journal (1986).
Foreword--Demography and Distrust: The Latino Challenge to Civil Rights and Immigration Policy in the 1990's and Beyond, 8 La Raza Law Journal 1 (1995). Excerpted in The Latino Condition: A Critical Reader (edited by Richard Delgado and Jean Stefancic, NYU Press, 1998).
The Future of Multicultural Education in the United States, in Pluralism In Education: Current World Trends In Policy, Law, And Administration 295 (edited by Peter M. Roeder, Ingo Richter and Hans-Peter Fussel, Institute of Governmental Studies Press, 1995).
Of Democracy, Devaluation, and Bilingual Education, 26 Creighton Law Review 255 (1993).
Getting a Foot in the Door: Hispanics and the Push for Equal Educational Opportunity in Denver, 2 University Of Kansas Journal Of Law And Public Policy 35 (Summer 1992).
Irritation and Intrigue: The Intricacies of Language Rights and Language Policy, 85 Northwestern Law Review 790 (1991).
Language and Law in the Classroom: Bilingual Education and the Official English Initiative, in Perspectives On Official English: The Campaign for English as the Official English of the USA 285 (edited by Karen L. Adams and Daniel T. Brink, de Gruyter Mouton, 1990).
Knocking on the Schoolhouse Door and Wondering What's Inside, Berkeley Women's Law Journal 259 (1989-90).
Discretion Under Fire: The Challenge of Bilingual Education in the U.S.A., in Language and Law: Proceedings of the First International Institute of Comparative Linguistic Law 473 (edited by P. Pupier and J. Woehrling, Wilson & Lafleur, 1989).
Strange Bedfellows: The Keyes Case and the Politics of Bilingual Education, (edited by Harry N. Scheiber and Malcolm M. Feeley). Power Divided: Essays On The Theory And Practice Of FederalismUC Institute Of Government Studies 89 (1989).
The Politics of Discretion: Federal Intervention in Bilingual Education, 76 California Law Review 1249 (1988). Excerpted in Educational Policy And The Law (edited by Mark Yudof, David Kirp and Betsy Levin, 3rd ed., 1992), and excerpted in The Latino/a Condition: A Critical Reader (edited by Richard Delgado and Jean Stefancic, NYU Press, 1998).
Bilingual Education as a Status Conflict, 75 California Law Review 321Anthologized in Latino Language And Education: Communication And The Dream Deferred (edited by Antoinette Sedillo Lopez, Routledge, 1995).
Reflections on the Enigma of Indeterminacy in Child-Advocacy Cases, 74 California Law Review 603 (1986).
Quasi-Suspect Classes and Proof of Discriminatory Intent: A New Model, 90 Yale Law Journal 912 (1981).