Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (2)
- African American Studies (1)
- American Politics (1)
- Arts and Humanities (1)
- Constitutional Law (1)
-
- Economic Policy (1)
- Fourteenth Amendment (1)
- History (1)
- Jurisprudence (1)
- Labor History (1)
- Labor and Employment Law (1)
- Law and Politics (1)
- Law and Society (1)
- Legal (1)
- Legislation (1)
- Litigation (1)
- Policy History, Theory, and Methods (1)
- Political History (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Race, Ethnicity and Post-Colonial Studies (1)
- Social and Behavioral Sciences (1)
- United States History (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law and Race
Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen
Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen
Publications
The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Publications
On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …