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Full-Text Articles in Law

Language And Participation, Cristina M. Rodríguez Jan 2006

Language And Participation, Cristina M. Rodríguez

Faculty Scholarship Series

In this piece, I tackle a current subject of popular controversy
whether growing multilingualism in the United States imperils the future of
American democracy. I offer a positive theory, centered on the value of
democratic participation, of how a society like the United States should
approach the multilingualism of its population. I conclude that embracing
bilingualism in individuals and multilingualism in society is more likely to
make linguistic pluralism socially functional and to sustain the vitality of
public and social institutions than demanding public monolingualism. I
begin by demonstrating that current approaches to language diversity in
constitutional democracies, including our ...


Language Diversity In The Workplace, Cristina M. Rodríguez Jan 2006

Language Diversity In The Workplace, Cristina M. Rodríguez

Faculty Scholarship Series

In March of 2005, the manager of a Dunkin' Donuts in Yonkers, New
York, stirred some local controversy when he posted a sign inviting customers
to complain if they heard employees behind the counter speaking a
language other than English. A day later, the manager removed the sign,
responding to vociferous complaints that it amounted to discrimination.
While the mini-drama was not itself an unusual event-English-only rules
have become increasingly common in the American workplace-the episode
did not follow the predictable script. The manager, who acted on his
own, was himself a native Spanish speaker-an immigrant from Ecuador.
He claimed ...


Note, For-Profit And Nonprofit Charter Schools: An Agency Costs Approach, John D. Morley Jan 2006

Note, For-Profit And Nonprofit Charter Schools: An Agency Costs Approach, John D. Morley

Faculty Scholarship Series

This Note applies agency costs theory to explain charter schools' use of forprofit
and nonprofit forms, and to suggest ways to make charter school regulation more sensitive to the differences between these forms. Borrowing from Henry Hansmann's "contract failure" theory of nonprofits and recent data on the makeup of the charter school market, I argue that nonprofit forms dominate because they minimize the unusually high agency costs that characterize interactions between charter operators and the parents, regulators, and donors who influence them. For-profit schools survive only when the economies of scale they capture through superior capital-raising offset their higher ...