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 |
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