Language Rights and the Law in the United States : Finding Our Voices

Finding Our Voices

By: Sandra Del Valle

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Paperback | 1 December 2002

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372 Pages

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25.4 x 17.78 x 1.96

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This is a comprehensive review of the legal status of minority languages in the United States. All major US legal cases concerning language rights are discussed in detail. Topics addressed include consumer law, employment discrimination & the influence of international law.

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Acknowledgments	p. xii
Introduction	p. 1
What is This Book About?	p. 1
For Whom is This Book Written?	p. 2
Why was This Book Written?	p. 2
Securing a Place for Language Rights in the Civil Rights World	p. 4
The Content and Organization of the Book	p. 5
A History of Language Rights: Between Tolerance and Hostility	p. 9
Introduction	p. 9
Language Rights During Nation-Formation	p. 10
State efforts	p. 10
The Fourteenth Amendment and its Importance to Language Rights Claims	p. 23
The Fourteenth Amendment	p. 23
Extending the reach of the Equal Protection Clause	p. 24
Modern Equal Protection analysis	p. 26
The Due Process Clause of the Fourteenth Amendment	p. 29
Language Rights During the World War Eras	p. 30
Meyer v. Nebraska	p. 30
Yu Cong Eng v. Trinidad	p. 39
Farrington v. Tokushige	p. 41
Mo Hock Ke Lok Po v. Stainback	p. 44
Conclusion	p. 45
Nativism and Language Restrictions: Echoes of the Past at the End of the Twentieth Century	p. 54
Introduction	p. 54
Myths and Realities of English-Only Laws	p. 55
Rate of English language acquisition	p. 58
How Canada's language struggles are not our own	p. 59
Symbolic and restrictive laws	p. 60
City of Pomona: Restrictions on the language of business signs	p. 61
Yniguez v. Mofford: Arizona passes the nations' most restrictive law	p. 62
Legal challenges in Alabama	p. 71
Utah's compromise: Finding a way to uphold English-only laws	p. 76
Additional English-only activity	p. 77
Conclusion	p. 79
Fulfilling the Promise of Citizenship: English Literacy, Naturalization, and Voting Rights	p. 88
Introduction	p. 88
The Role of English in Immigration and Voting Restrictions: A Short History of Xenophobia	p. 89
Immigration and naturalization	p. 89
Limiting voting rights	p. 92
Becoming a US Citizen and the Need to Understand English	p. 93
The citizenship requirements	p. 93
Judicial reluctance to review citizenship requirements	p. 94
Questioning the need for an English literacy requirement	p. 95
Bilingual Ballots: The Tenuous Voting Rights of Language Minority Citizens	p. 97
Discrimination at the booth: Federal intervention through passage of the Voting Rights Act	p. 97
Section 4(e) of the Voting Rights Act: Protecting language minorities at the booth	p. 98
The Voting Rights Amendments: The right to cast an informed vote	p. 105
An argument for a constitutional right to bilingual voting materials	p. 109
Conclusion	p. 111
Language Rights in the Workplace: Negotiating Boundaries Within Close Spaces	p. 117
Introduction	p. 117
English-Only Workplace Rules: A New Kind of Discrimination for a New Kind of Workforce	p. 118
Title VII and the EEOC Guidelines: The statutory framework	p. 118
EEOC Guidelines: Creating a space for national origin discrimination	p. 120
Bilingual and monolingual employees: Making distinctions without differences	p. 124
Employer justifications: Will any rationale do?	p. 133
Labeling words: Judicial inquiry into the existence of an English-only policy	p. 138
Other anti-language-minority trends	p. 140
Compensating Bilingual Employees	p. 141
Accents, English Fluency and "Communication Skills": The Need for Judicial Coherence Amongst Employer Babble	p. 144
Accent discrimination	p. 144
English fluency	p. 147
Labor Unions and the Duty to Represent All Employees Fairly	p. 148
Conclusion	p. 151
Language Rights in Litigation: Making the Case for Greater Protections in Criminal and Civil Proceedings	p. 159
Introduction	p. 159
Criminal, Civil, and INS Proceedings	p. 160
Criminal proceedings from interrogation to parole	p. 160
Civil court proceedings	p. 180
INS hearings	p. 182
Conclusion	p. 185
Jury Service	p. 186
Federal language requirements for jury service	p. 187
Punishing the bilingual juror: When knowing two languages is too much knowledge	p. 189
Conclusion	p. 198
Language Minorities in Prison: The Extent and Limits of the Eighth Amendment	p. 200
Introduction	p. 200
Latinos and corrections: Living in a linguistic prison	p. 200
Conclusion	p. 207
Bilingual Education: Learning and Politics in the Classroom	p. 217
Introduction	p. 217
The Political Nature of Bilingual Education	p. 218
What is bilingual education?	p. 219
The theory of bilingual education	p. 223
The birth and near demise of the Bilingual Education Act	p. 224
The AIR Report: An early stab at bilingual education	p. 229
Bilingual education and school desegregation: A tension surfaces	p. 231
The Rise of Title VI and Bilingual Education as a Civil Right	p. 235
Lau v. Nichols: Bilingual education litigation comes into its own	p. 236
The demise of Title VI and the rise of the EEOA	p. 243
Castaneda v. Pickard: The federal mandate for bilingual education erodes	p. 245
The 1990s: Bilingual Education Fights for Survival	p. 247
The birth and life of Proposition 227	p. 248
Arizona	p. 253
New York	p. 255
New Mexico	p. 259
Recommendations	p. 261
Development of grassroots parental activist leadership	p. 262
Development of committed bilingual education teachers	p. 262
Contextualize bilingual education within a struggle for educational reform	p. 263
Develop support for bilingual education among various language-minority groups	p. 263
Build coalitions with mainstream, non-ethnic education groups	p. 264
Involve lawyers to the extent necessary to assist communities in realizing educational and empowering efforts	p. 265
Conclusion	p. 265
Native American Education: The US Implements an English-Only Policy	p. 275
Introduction	p. 275
US Education of Native Americans: Experiments in Language Repression	p. 276
Current results of past regressive policies	p. 276
Mission education	p. 277
Colonial education of Indians	p. 280
Tribally controlled education: A light amidst educational failure	p. 282
Removing the tribal environment: Off-reservation boarding schools	p. 283
State public schools	p. 286
The Particular Case of Language Repression	p. 287
The forerunner of English-only	p. 287
Bilingual education as an anecdote for mis-education: The Rough Rock Demonstration School and passage of the Native American Languages Act	p. 288
Conclusion	p. 293
Due Process and Governmental Benefits: When English-Only is Enough	p. 298
Introduction	p. 298
How Much "Process is Due" in Eviction and Other Proceedings?	p. 299
Denials of Benefits and Appeals	p. 305
Conclusion	p. 307
Commerce and Language Minorities: Remaking Old Laws for New Consumers	p. 311
Introduction	p. 311
Commercial Transactions	p. 312
Products Liability	p. 316
Conclusion	p. 325
The Place of International Law in Promoting Linguistic Human Rights Within the United States	p. 328
Introduction	p. 328
The Domestic Context of International Law	p. 328
What is International Law?	p. 330
The Historical Use of International Law in Domestic Civil Rights Cases	p. 333
Language Rights Within International Law	p. 336
Toward a Comprehensive Declaration of Linguistic Human Rights	p. 342
Conclusion	p. 344
Title VI of the Civil Rights Act of 1964	p. 348
Table of Contents provided by Ingram. All Rights Reserved.

Language Rights and the Law in the United States : Finding Our Voices

Finding Our Voices

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