期刊名称：Harvard Civil Rights-Civil Liberties Law Review
印刷版ISSN：0017-8039
电子版ISSN：1943-5061
出版年度：2014
卷号：49
期号：2
出版社：Harvard Law School
摘要：On the fiftieth anniversary of the Civil Rights Act of 1964, this Article askshow federal civil rights laws evolved to incorporate the needs of non-Englishspeakers following landmark immigration reform (the 1965 Hart-Cellar Act)that led to unprecedented migration from Asia and Latin America. Based on acomparative study of the emergence of language rights in schools and workplacesfrom 1965 to 1980, the Article demonstrates that regulatory agenciesused nonbinding guidances to interpret the undefined statutory term “nationalorigin discrimination” during their implementation of the Civil Rights Act of1964. Their efforts facilitated the creation of language rights, albeit to differentextents in schools and workplaces. The Article highlights the use of guidances toprotect language minorities as a distinctive breed of civil rights law. It uses ahistoric, yet understudied episode to illustrate an often used, sometimes contestedpractice: governing by guidance
