Book contents
- Feminist Judgments: Rewritten Property Opinions
- Feminist Judgments Series
- Advisory Panel for Feminist Judgments Series
- Feminist Judgments: Rewritten Property Opinions
- Copyright page
- Dedication
- Contents
- Advisory Panel for Feminist Judgments: Rewritten Property Opinions
- Notes on Contributors
- Preface
- Acknowledgments
- About the Cover Art
- Part I Introduction
- Part II Allocation of Rights
- 4 Commentary on Johnson v. M’Intosh
- 5 Commentary on Botiller v. Dominguez
- 6 Commentary on Pierson v. Post
- Part III Patents, Publicity Rights, and Trademarks
- Part IV Condemnation and Adverse Possession
- Part V Gifts and Future Interests
- Part VI Tenancy in Common, Joint Tenancy, and Tenancy by the Entirety
- Part VII Exclusionary Zoning
- Part VIII Evictions
- Part IX Landlord–Tenant Premises Liability
- Index
5 - Commentary on Botiller v. Dominguez
from Part II - Allocation of Rights
Published online by Cambridge University Press: 21 October 2021
- Feminist Judgments: Rewritten Property Opinions
- Feminist Judgments Series
- Advisory Panel for Feminist Judgments Series
- Feminist Judgments: Rewritten Property Opinions
- Copyright page
- Dedication
- Contents
- Advisory Panel for Feminist Judgments: Rewritten Property Opinions
- Notes on Contributors
- Preface
- Acknowledgments
- About the Cover Art
- Part I Introduction
- Part II Allocation of Rights
- 4 Commentary on Johnson v. M’Intosh
- 5 Commentary on Botiller v. Dominguez
- 6 Commentary on Pierson v. Post
- Part III Patents, Publicity Rights, and Trademarks
- Part IV Condemnation and Adverse Possession
- Part V Gifts and Future Interests
- Part VI Tenancy in Common, Joint Tenancy, and Tenancy by the Entirety
- Part VII Exclusionary Zoning
- Part VIII Evictions
- Part IX Landlord–Tenant Premises Liability
- Index
Summary
Decided forty-one years after the United States ratified the Treaty of Guadalupe Hidalgo (the “Treaty”),1 Botiller v. Dominguez was instrumental in legitimizing the dispossession of landowners whose title derived from the Kingdom of Spain or Republic of Mexico.2 Property casebooks rarely include Botiller,3 which is unfortunate if unsurprising, for the casebooks commonly elide the acquisition – through conquest – and incorporation of the massive territory now known as the American Southwest.4 Indeed, legal education in the United States typically omits the Mexican–American War of 1846 to 1848 and, when included, such knowledge is usually relegated to specialty courses like Race and American Law, Critical Race Theory, or Latinos and the Law.
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- Chapter
- Information
- Feminist Judgments: Rewritten Property Opinions , pp. 61 - 89Publisher: Cambridge University PressPrint publication year: 2021