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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: Filing date:

Proceeding

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD 91185180

Party

Plaintiff Peter H.Johnson

Correspondence Address

Submission

Brennan C. Swain Jeffer Mangels Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, CA 90067 UNITED STATES [email protected] Motion for Summary Judgment

Filer's Name

Jessica C. Bromall

Filer's e-mail

[email protected]

Signature

/jessica c. bromall/

Date

01/28/2009

Attachments

Motion for Summary Judgment.pdf ( 94 pages )(3627415 bytes )

ESTTA263329 01/28/2009

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD TATUAJE CIGARS INC.,

Opposition No. 91/185,180

Opposer, Application Serial No.: 77/359,141 v. Mark: TATTOO NICARAGUA TOBACCO IMPORTS, INC., Applicant.

Published for Opposition:

May 20, 2008

Atty. Ref. No.: 68692-0003

Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 OPPOSER'S MOTION FOR SUMMARY JUDGMENT Opposer Tatuaje Cigars, Inc. ("Opposer"), through its undersigned counsel, hereby moves pursuant to Rule 56 of the Federal Rules of Civil Procedure and 37 C.F.R. 2.127 of the Trademark Rules of Practice of entry of summary judgment in its favor and against applicant Nicaragua Tobacco Imports, Inc. ("Applicant"). MEMORANDUM OF POINTS AND AUTHORITIES I.

INTRODUCTION Opposer is a well-established and well-respected member of the cigar industry. More

than four years ago, Opposer began building his TATUAJE brand of cigars. In that short period of time, he has gained the respect of the industry and his TUTUAJE brand cigars have been honored as some of the best cigars in the country. Looking to trade on Opposer's goodwill, Applicant seeks to obtain rights to use the word "TATTOO", which word is the English equivalent of Opposer's mark TATUAJE, as a trademark for his own brand of cigars and cigar-related products.

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Based on the uncontroverted facts set forth below, as a matter of law, Applicant's proposed trademark TATTOO for cigars and cigar-related accessories is confusingly similar to Opposer's trademark TATUAJE, also for cigars and cigar-related accessories. No genuine issue of material fact exists with respect to this issue. For this and all the other reasons set forth below, Opposer is entitled to judgment as a matter of law and Applicant's application should be rejected. II.

STATEMENT OF FACTS A.

Opposer Owns the Trademark TATUAJE

Opposer Tatuaje Cigars, Inc. is in the business of selling cigars and cigar related accessories throughout the United States. See Declaration of Peter H. Johnson, filed concurrently herewith ("Johnson Decl.") ¶ 3. Since at least as early as May 27, 2003, Opposer and its predecessor in interest, founder Peter H. Johnson, have used the mark TATUAJE to identify Opposer's cigars. Id. Opposer's TATUAJE cigars were first released in 2003. Id. Shortly after being introduced into the market, Opposer's TATUAJE cigars garnered recognition in the cigar community. See id. at ¶ 4 & Exh. B. After only a year, TATUAJE cigars were recognized as one of the best cigars of the year by Cigar Aficionado magazine. Id. at ¶ 5 & Exh. C. Committed to excellence, TATUAJE brand cigars have appeared on the top 25 list nearly every year since 2004. See id. at ¶ 6 & Exhs. D - F. Opposer's TATUAJE mark is also the subject of U.S. Trademark Registration No. 2,836,665, filed on April 27, 2004. Id. at ¶ 2, Exh. A. Opposer's registration is valid and subsisting. Id. As noted in Opposer's registration, TATUAJE is the Spanish word for "tattoo." Id.; see also Declaration of Brennan C. Swain ("Swain Decl.") ¶ 2, Exh. H.

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B.

Applicant's Conduct

On December 25, 2007, more than four years after Opposer's TATUAJE brand launched, Applicant filed intent-to-use application Serial No. 77,359,141 for the mark TATTOO for use in connection with cigars, cigarettes, and cigarillos, as well as a variety of cigar-related accessories. See Application Serial No. 77/359,141. As Applicant acknowledges in its correspondence with Opposer and Opposer's counsel, the cigar industry "is a small industry and a gentleman's industry." See Johnson Decl., ¶ 9, Exh. I. Accordingly, prior to initiating the instant the proceeding and filing the instant motion, Opposer and its counsel have made repeated efforts to resolve this dispute informally. When he became aware of Applicant's application, Mr. Johnson contacted Applicant personally, informed it of Opposer's rights in the mark TATUAJE, and its English equivalent, TATTOO, and requested that Applicant withdraw the application. Id. at ¶ 8. Prior to filing its application for TATTOO, Applicant had constructive knowledge of Opposer's rights in the mark TATUAJE and, as a player in the admittedly small world that forms the cigar industry, it is a virtual certainty that Applicant had actual knowledge of Opposer's rights as well. Further, review of Applicant's website suggests that Applicant is not currently using the alleged mark "TATTOO", nor is there any evidence that Applicant has ever used the mark "TATTOO." See id. at ¶ 9. Nonetheless, in response to Mr. Johnson's communication, Applicant refused to withdraw the application unless Opposer paid it more than ten thousand dollars in compensation. Id. at ¶ 9, Exh. I. After receiving Applicant's response, Opposer's counsel sent a more formal communication to Applicant, again outlining Opposer's rights in the mark TATUAJE and its English equivalent TATTOO, and again requesting that Applicant withdraw its application.

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Swain Decl., ¶ 3, Exh. J. Again, Applicant refused to withdraw its application and Opposer had not choice but to proceed with the instant Opposition proceeding. Id. Opposer again attempted to reach an informal resolution prior to filing this motion. During the discovery conference in this matter, held on Thursday, September 18, 2008, Opposer advised Applicant of its intent to bring a motion for summary judgment. Id. at ¶ 4, Exh. K. In a further attempt at resolving this matter without the time or expense of further proceedings, the parties agreed to exchange cases they would rely one to support their respective positions. See id. Pursuant to this agreement, on Monday, September 22, 2008, Opposer sent two cases to Applicant. Id. In contravention of its agreement, Applicant neither provided any cases to Opposer, nor did it provide any response at all to Opposer's September 22, 2008 email. Id. Opposer was left with no choice but to proceed with the instant motion. III.

ARGUMENT A.

Summary Judgment Standard

Summary judgment should be granted where the moving party establishes that there are no genuine issues of material fact and that he or she is entitled to judgment as a matter of law. Fed. R. Civ. Pro. 56. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986). Upon the moving party's prima facie showing of entitlement to summary relief, the non-moving party may not rest on mere denials or conclusory assertions, but rather must present specific facts showing a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). In determining whether there is a genuine issue of material fact which would preclude the grant of summary judgment, the Board must look to the controlling substantive law. Anderson, 477 U.S. at 248. Summary judgment is a favored method of adjudicating inter partes proceedings as the Board considers it a "salutary method of disposition designed 'to secure the just, speedy and inexpensive determination of every action.' " Sweats Fashions v. Pannill Knitting Co., 4 4 5718997v1

U.S.P.Q.2d 1793, 1795 (Fed. Cir. 1987) (Court affirmed Board's grant of summary judgment dismissing opposition because there was no genuine issue of material fact as to likelihood of confusion); see also Pure Gold, Inc. v. Suntex (U.S.A.), Inc., 222 U.S.P.Q. 741, 744 (Fed. Cir. 1984) (summary judgment "is to be encouraged in inter partes cases before the Trademark Trial and Appeal Board"). B.

Applicant is Entitled to Summary Judgment on its Claim Under Section 2(d)

In order to prevail upon its Section 2(d) claim, Opposer must establish: 1) that it is the owner of valid trademark rights in its TATUAJE Mark; and 2) that Applicant' s use of its proposed TATTOO mark is likely to cause confusion with Opposer's TATUAJE Mark. E.g., Calvin Klein Industries, Inc. v. Calvins Pharmaceuticals, Inc., 8 U.S.P.Q.2d 1269, 1270 (T.T.A.B. 1988). For the reasons set forth below, there are no genuine issues of material fact as to either element of Opposer's Section 2(d) claim, and judgment should be entered thereon as a matter of law. 1.

Opposer is the Owner of the Trademark TATUAJE

Opposer is the owner of rights in the trademark TATUAJE for use in connection with cigars (the "TATUAJE Mark"). Trademark rights are created by use of a mark to identify one's goods. E.g., Sengoku Works Ltd. v. RMC Intern., Ltd., 96 F.3d 1217, 1219 (9th Cir. 1996), as modified, 97 F.3d 1460 (9th Cir. 1996) ("To acquire ownership of a trademark . . . the party claiming ownership must have been the first to actually use the mark in the sale of goods or services."); Hydro-Dynamics, Inc. v. George Putnam & Co., Inc., 811 F.2d 1470, 1473 (Fed. Cir. 1987) (“[T]rademark rights in the United States are acquired by such adoption and use . . . .”). Opposer, and/or its predecessor in interest, have been using the TATUAJE mark to identify its cigars since at least as early as May 27, 2005, long prior December 25, 2007, the filing date of Applicant's application. See Johnson Decl., ¶¶ 3-7, Exhs. B-G. 5 5718997v1

Furthermore, Opposer owns federal trademark registration number 2,836,665, issued on April 27, 2004, for TATUAJE in connection with cigars in International Class 34 (the " '665 Reg."). Id. at ¶ 2, Exh. A. The '665 Reg. constitutes prima facie evidence of the validity of Opposer's TATUAJE mark and of Opposer's exclusive right to use the mark on the goods specified in the registration. 15 U.S.C. §§ 1057(b) & 1115(a). Opposer's ownership of the TATUAJE Mark is undisputed. 2.

Applicant's Use of the Mark TATTOO Is Likely to Cause Consumer Confusion

In determining whether consumer confusion is likely to result from the registration and use of a proposed mark, the Board should consider a number of factors including, inter alia, the similarity of the respective marks, the relatedness of the respective goods, and the marketing channels and consumers of the respective goods. In re DuPont DeNemours & Co., 476 F.2d 1356, 1361, 177 U.S.P.Q. 563, 567 (C.C.P.A. 1973). Any one of the factors listed maybe dominant in any given case, depending upon the evidence of record. In re Dixie Restaurants, Inc., 105 F.3d 1405, 41 U.S.P.Q. 2d 1531, 1533 (Fed. Cir. 1997). In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods, and similarity of trade channels of the goods. In re Dakin’s Miniatures Inc., 59 U.S.P.Q. 2d 1593 (T.T.A.B. 1999); TMEP §§1207.01 et seq. a.

Similarity of the Marks

Perhaps the single most important factor in analyzing likelihood of confusion is the similarity or dissimilarity of marks at issue. See, e.g., Ford Motor Company v. Summit Motor Products, Inc., 930 F.2d 277, 293, 18 U.S.P.Q.2d 1417, 1430 (3d Cir.), cert. denied sub nom., Altran Corporation v. Ford Motor Company, 502 U.S. 939 (1991). In determining similarity, the marks at issue must be compared in their entireties, including with respect to sight, sound, and

6 5718997v1

connotation. See In re E.I DuPont DeNemours & Co., 476 F.2d at 1361, 177 U.S.P.Q. at 567. Similarity as to one element (i.e., sight, sound or connotation) may be sufficient to deem the marks similar. i.

Marks are Identical in Connotation

Under the doctrine of foreign equivalents, Opposer's mark TATUAJE and Applicant's mark TATTOO are identical in connotation. The doctrine of foreign equivalents provides that "foreign words from common, modern languages are translated into English to determine similarity of connotation with English words in a likelihood of confusion analysis." In re La Peregrina Ltd., 86 U.S.P.Q. 2d 1645, 1647 (T.T.A.B. 2008). See also D.C. Comics v. Pan American Grain Mfg. Co., 77 U.S.P.Q. 2d 1220, 1225 (T.T.A.B. 2005); Palm Bay Import, Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 73 U.S.P.Q. 2d 1689, 1692 (Fed. Cir. 2005). It is indisputable that "tattoo" is the English equivalent of the Spanish word "tatuaje." Swain Decl. ¶ 2, Exh. H. Opposer submits that Spanish is the most common language in the United States after English, with more than 30 million people speaking Spanish as their primary language. See id. at ¶ 5, Exh. L. Furthermore, logic dictates that there are numerous Spanish speaking people who, although fluent, do not speak Spanish as their primary language, e.g., children of Spanish-speaking immigrants. Additionally, Spanish is by far the most widely-taught non-English language in U.S. secondary schools and institutes of higher education. See id. at ¶¶ 6-7, Exhs. M-N. As a result of the foregoing, it is likely that a significant portion of American consumers would stop and translate Opposer's mark into its English equivalent. In fact, the T.T.A.B. has recently recognized that the Spanish language is spoken or understood by an appreciable number of U.S. consumers who also speak or understand English, and that consumers encountering a 7 5718997v1

Spanish word in the market place are likely to translate it. In re La Peregrina, 86 U.S.P.Q. 2d at 1648-1650. Accordingly, the T.T.A.B. concluded that "there is no question that Spanish is a common, modern language. According to the evidence submitted by the Examining Attorney, Spanish is the second most common languages in the United States after English, with up to 30 million Spanish-speaking people in this country." Id. at 1648. The T.T.A.B. went on to say that "it is clear that, by any standard, the Spanish language is spoken or understood by an appreciable number of U.S. consumers who also speak or understand English." Id. The translated meaning of TATUAJE is not obscure. It follows that an appreciable number of U.S. consumers are likely to translate TATUAJE into its English equivalent. Accordingly, under the doctrine of foreign equivalents, Opposer's mark TATUAJE and Applicant's mark TATTOO are identical in connotation. This alone is sufficient to support a finding that the marks are similar. ii.

Marks Are Similar in Sight and Sound

In addition to the fact that the marks are identical in connotation, they are similar in sight and sound as well. To begin, the first syllables of each mark - "tat" - are identical in both sight and sound. The second syllables of each mark, are identical in sound. In other words, when pronounced, Applicant's mark is identical in sound to the first two syllables of Opposer's mark. In fact, the only difference in the manner in which the two words are pronounced, is the addition of the two extra syllables - "a-je" - at the end of Opposer's mark. 3.

Similarity of the Goods: Applicant's Goods are Identical to Opposer's

Applicant's and Opposer's goods need not be identical in order to determine that there is a likelihood of confusion - "the inquiry is whether the goods are related, not identical." The issue is not whether the goods will be confused with each other, but rather whether the public will be confused about their source." TMEP 1207.01(a)(i); Safety-Kleen Corp. v. Dresser Indus., Inc., 8 5718997v1

518 F.2d 1399, 186 U.S.P.Q. 476, 480 (C.C.P.A. 1975). The question is whether "the goods or services of the applicant and the registrant are so related that the circumstances surrounding their marketing are such that they are likely to be encountered by the same persons under circumstances that would give rise to the mistaken belief that they originate from the same source." On-line Careline Inc. v. America Online Inc., 229 F.3d 1080, 56 U.S.P.Q. 2d 1471 (Fed. Cir. 2000). Here, however, the issue is not that complicated - Applicant's and Opposer's goods are identical. Opposer has a federal registration for TATUAJE in connection with cigars in International Class 34. Applicant also uses the mark TATUAJE in connection with ashtrays, cigar lighters, and cigar cutters. Johnson Decl., ¶ 7, Exh. G. Applicant proposes to use the mark TATTOO in connection with cigars, cigarettes, and cigarillos, as well as cigar and cigarette boxes, cigar bands, cigar cases, cigar cutters, cigar holders, cigar humidifiers, cigar lighters, and cigar tubes. See App. Serial No. 77/359,141. Many of the goods in connection with which Applicant proposes to use its mark are identical to Opposer's goods, e.g., cigars, cigar lighters, and cigar cutters. Applicant's remaining goods are cigar-related accessories, and as such, are clearly related to Opposer's goods. 4.

Similarity of Channels of Trade: Channels are Identical

Opposer uses its mark in connection with cigars and cigar-related accessories. Applicant proposes to use its mark in connection with cigar and cigar-related accessories. As neither Opposer nor Applicant have placed any limitations with respect to channels of trade, it is proper to presume that the goods identified in their applications will move in all normal channels of trade, and that they will be available to all classes of purchasers. In re Jump Designs, LLC, 80 U.S.P.Q. 2d 1370, 1374 (T.T.A.B. 2006); TMEP 1207.01(a)(iii). As Applicant's and Opposer's 9 5718997v1

goods are in part identical and in part extremely similar, the presumption leads to the conclusion that Applicant's and Opposer's goods will be sold in the same channels of trade, in the same stores, to the same consumers. IV.

CONCLUSION For all the foregoing reasons, Opposer's Motion for Summary Judgment against

Applicant should be granted, and Applicant's registration should be refused.

Dated: January 28, 2009

/S/ JESSICA C. BROMALL Brennan C. Swain Rod S. Berman Jessica C. Bromall JEFFER, MANGELS, BUTLER & MARMARO LLP 1900 Avenue of the Stars, Seventh Floor Los Angeles, CA 90067 (310) 203-8080 E-mail: [email protected] Attorneys for Opposer Tatuaje Cigars, Inc.

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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD TATUAJE CIGARS INC.,

Opposition No. 91/185,180

Opposer, Application Serial No.: 77/359,141 v. Mark: TATTOO NICARAGUA TOBACCO IMPORTS, INC.,

Published for Opposition:

May 20, 2008

Atty. Ref. No.: 68692-0003

Applicant.

Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 DECLARATION OF PETER H. JOHNSON IN SUPPORT OF OPPOSER'S MOTION FOR SUMMARY JUDGMENT I, PETER H. JOHNSON, declare as follows: 1.

I am the owner of opposer Tatuaje Cigars, Inc. ("Opposer"). I have personal

knowledge of the facts set forth herein and, if called as a witness, could and would competently testify thereto. I submit this Declaration in support of Opposer's Motion for Summary Judgment. 2.

I am the original registrant of U.S. Trademark Reg. 2,836,665 for TATUAJE for

use in connection with cigars in International Class 34 (the "TATUAJE Reg."). On or about June 25, 2008, I assigned the foregoing registration, as well as the business and goodwill associated therewith to Opposer. The assignment was recorded with the United States Patent and Trademark Office on July 9, 2008. Attached hereto as Exhibit A are two true and correct copies of Opposer's TATUAJE Reg. showing the current status of and title to the registration. 3.

Opposer is in the business of selling cigars and cigar related accessories

throughout the United States. I began using the TATUAJE mark to identify my cigars at least as

5811250v1

early as May 27, 2003, and I and/or Opposer have been using the mark in connection with cigars continuously ever since. 4.

TATUAJE cigars are hand-made premium cigars made in the Cuban tradition. I

worked hard with my associates to ensure that TATUAJE cigars are of the highest quality. The first production of TATUAJE cigars was released in 2003. Shortly thereafter, our efforts were rewarded. Mere months after their release, TATUAJE cigars were recognized by Cigar Aficionado Magazine. Attached hereto as Exhibit B is a true and correct copy of an article that was originally posted on cigarafficionado.com on August 11, 2003 and was printed on October 24, 2008. 5.

Each year, Cigar Aficionado Magazine selects the 25 best cigars of the year. In

2004, Cigar Aficionado Magazine selected a TATUAJE brand cigar as the 25th best cigar of the year. Attached hereto as Exhibit C is a true and correct copy of the 2004 Top 25 article, which was printed on October 24, 2008. 6.

A TATUAJE brand cigar has appeared on Cigar Aficionado Magazine's Top 25

list numerous times, ranking 4, 9, and 15 in 2005, 2006, and 2007 respectively. Attached hereto as Exhibits D, E, and F are copies of the Top 25 articles from 2005, 2006, and 2007, respectively, each of which was printed on October 24, 2008. 7.

In addition to cigars, Opposer also uses the TATUAJE mark in connection with

cigar lighters, cigar cutters, ashtrays, as well as a variety of promotional items, including hats and t-shirts. Attached hereto as Exhibit G is a true and correct copy of an internet print-out showing goods for sale bearing the TATUAJE mark. 8.

TATUAJE is the Spanish word for "tattoo." Accordingly, when I discovered

applicant Nicaragua Tobacco Imports, Inc.'s ("Applicant's") application for registration of

2 5811250v1

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD TATUAJE CIGARS INC.,

Opposition No. 91/185,180

Opposer, Application Serial No.: 77/359,141 v. Mark: TATTOO NICARAGUA TOBACCO IMPORTS, INC.,

Published for Opposition:

May 20, 2008

Atty. Ref. No.: 68692-0003

Applicant.

Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 DECLARATION OF BRENNAN C. SWAIN IN SUPPORT OF OPPOSER'S MOTION FOR SUMMARY JUDGMENT I, BRENNAN C. SWAIN, declare as follows: 1.

I am an attorney duly licensed to practice law in the state of California. I am an

associate attorney at the law firm of Jeffer, Mangels, Butler & Marmaro LLP ("JMBM"), counsel of record for opposer Tatuaje Cigars Inc. ("Opposer"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would competently testify thereto. I submit this Declaration in support of Opposer's Motion for Summary Judgment. 2.

Attached hereto as Exhibit H, are true and correct copies of print outs from the

internet also showing the English meaning of the Spanish word TATUAJE. 3.

Attached hereto as Exhibit J is a true and correct copy of an email I sent to

Applicant on June 23, 2008, requesting that Applicant withdraw the application. Applicant refused to withdraw the application.

5811249v1

EXHIBIT A

EXHIBIT B

Cigar Aficionado | Daily Cigar News | Tattooed Cigars

Oct 24, 2008

Page 1 of 2

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Advertisement Home > What's New > Tattooed Cigars

Tattooed Cigars Posted: Monday, August 11, 2003 By Michael Moretti Pete Johnson, the cigar buyer for Grand Havana Room in Beverly Hills, California, has created his own line of cigars called Tatuaje. Named after the Spanish word for tattoos, Tatuaje refers to the sleeve of inked images that Johnson sports down the length of his arms. Tatuaje cigars, which Johnson made in conjunction with Tabacalera Tropical, are completely Nicaraguan, but Johnson's ultimate goal was to create a Cuban taste. The cigars are rolled in Miami's El Rey de los Habanos factory, located in Little Havana. The head roller, Jose "Pepin" Garcia, is a veteran master roller from Cuba; he was on hand for the debut of the cigar, at the Grand Havana Room in New York City, where he showed off his skills. Churning out delicious cigars all evening, he even rolled a beautifully made cigar pipe, as well as a cigar shaped like a baseball bat.

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"This is old world Cuba for a new generation," said Johnson. "What they are doing in Nicaragua is the closest right now to what they are doing in Cuba -- the sweetness of the wrapper and the aroma coming off the foot." He describes the cigar as medium to full bodied. "People find it mild because when they first light up, the corojo wrapper adds a sweetness, but [the cigar] builds up strength toward the end, and that's how Cuban cigars are to me."

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Tatuaje comes in six sizes: Havana Cazadores, which measures 6 3/8 inches long by 43 ring, Unicos (6 1/8 by 52), Especiales (7 1/2 by 38), Noellas (5 1/8 by 42), Regios (5 1/2 by 50) and Tainos (7 5/8 by 49). Prices range from $7.25 to $12 per cigar. As with Cuban cigars, you may have a hard time finding the Tatuajes. They are available only at a few retailers, as well as at the Grand

http://www.cigaraficionado.com/Cigar/CA_Daily/CA_Daily_News/0,2342,843,00.html

10/24/2008

Cigar Aficionado | Daily Cigar News | Tattooed Cigars

Page 2 of 2

Havana Rooms in New York City and Beverly Hills. This is a "boutique production," said Johnson, "I keep them in small orders so that they don't rush the production since there are only six rollers." He expects to make about 6,000 cigars for each production and about 30,000 cigars a year. Not that Johnson isn't thinking big. Two limited-edition Tatuaje lines are planned for the future, he said: The Cojonu, or "monster blend," (6 1/2 by 52, retailing for $13.00), set to hit shelves in a week and the Gran Gener (date and measurements not yet specified). These two lines will be so strong that they "would be a novelty cigar that just true smokers will smoke," said Johnson. More on that to come. Also in Cigar News: God of Fire Dinner Raises More Than $57,000 for Charity (10/17/2008) Smoking Ban Takes Effect in Atlantic City (10/16/2008) Perdomo Elected to Miami Lakes Council (10/15/2008) Gran Habano Family Part Ways (10/14/2008) Davidoff Acquires Camacho (10/13/2008) Padrón Creates Inexpensive Sampler (10/10/2008) Public Welcome at Fuente Grand Havana Room Dinner in NYC (10/10/2008) D.C. Chef Works With Smoke (10/09/2008) Christie's Auction Features Rare Cubans, Recent Cigars (10/08/2008) Cigar of the Week: Hot Tip: Inside the Box-Pressed

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10/24/2008

EXHIBIT C

Cigar Aficionado | Top 25 | 2004

Page 1 of 1

Oct 24, 2008

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Advertisement Home > What's New > Top 25 Home for 2004 > No. 25

It's rare to find a cigar made by hand in the United States and rarer still to find a great one. Expensive labor and a limited number of trained cigarmakers have caused most American-based cigarmakers to leave for offshore factories or to automate. That's one of the reasons the Tatuaje brand is so interesting. It's a very small brand, made in a small Miami factory, but the real draw here is the quality of the cigars, made from a rich blend of Nicaraguan tobaccos. These are medium- to full-bodied smokes, made for the seasoned smoker. The Especiales size—7 inches by a slim 38 ring—is modeled after Cuba's Cohiba Lancero and Trinidad Fundadore. Good now, these gran panetelas are likely to become great with age. If only there were more. MADE BY: El Rey de los Habanos for Pete Johnson FACTORY LOCATION: United States WRAPPER: Nicaragua BINDER: Nicaragua FILLER: Nicaragua PRICE: $9.75 2004 PRODUCTION: 5,000 RATING: 90 NEXT CIGAR > >

2524 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4321

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EXHIBIT D

Cigar Aficionado | Top 25 | 2005

Oct 24, 2008

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Advertisement Home > What's New > Top 25 Home for 2005 > No. 4

El Rey de los Habanos is easy to miss. The narrow cigar factory is located on Miami's historic Calle Ocho, or 8th Street, and it has only about a dozen rolling tables, about 10 of which are occupied by Spanish-speaking Cuban rollers who carefully craft dark cigars with impeccable precision. This is the home of the Tatuaje brand. The factory doesn't make many Tatuajes -- the facility is small to begin with, and Tatuaje isn't the only brand made here -- but those that are created are intensely flavorful, made with three-seam caps in the style of Cuban cigars and packed with hearty, leathery Nicaraguan leaf that gives them a most Cubanesque flavor. The Taino, a 7 5/8 by 49 cigar, is particularly exceptional, with earthy, spicy flavors and a full body. MADE BY: El Rey de los Habanos, Havana Cellars FACTORY LOCATION: U.S.A. WRAPPER: Nicaragua BINDER: Nicaragua FILLER: Nicaragua PRICE: $12.00 2005 PRODUCTION: 7,400 RATING: 93 NEXT CIGAR > > 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 43 2 1

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10/24/2008

EXHIBIT E

Cigar Aficionado | Top 25 | 2006

Oct 24, 2008

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Advertisement Home > What's New > Top 25 Home for 2006 > No. 9

The Tatuaje brand is only two years old, yet it has become one of the hottest boutique cigar brands in America. Created by cigar retailer Pete Johnson, who is known as Tattoo Pete by many in the cigar industry, the brand gets its name from the Spanish word for "tattoo" and is carefully crafted from powerful yet elegant Nicaraguan tobaccos in the tiny El Rey de los Habanos factory in Little Havana. Only about a dozen rollers work at the factory, which makes other brands as well, so there are only about 250,000 Tatuajes made per year. Johnson is now making a less expensive version in Nicaragua. The Tatuaje Cabinet Noella, a beautifully made corona, measures 5 1/8 by 42 ring. It's among the smallest of Tatuajes, but like good, small Cuban cigars this smoke is packed with flavor. It's rich, spicy and strong, with an underlying elegance. MADE BY: El Rey de los Habanos, Havana Cellars FACTORY LOCATION: Miami WRAPPER: Nicaragua BINDER: Nicaragua FILLER: Nicaragua PRICE: $7.50 2006 PRODUCTION: 27,525 RATING: 92 NEXT CIGAR > >

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10/24/2008

EXHIBIT F

Cigar Aficionado | Top 25 | 2007

Oct 24, 2008

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Advertisement Home > What's New > Top 25 Home for 2007 > No. 15

Sometimes you just need a powerful corona to make your day right, and it's hard to find a better choice than the Tatuaje Havana VI Angeles. This 4 5/8-inch x 42-ring cigar is crammed with strong black cherry, spice and leather, and the finish is a mile long. We found it the strongest of the six-size Havana VI line, and our favorite of the bunch. Original Tatuajes, which were made in Miami, are hard to find, given their limited production. Havana VIs, the "red label" versions, are made in Nicaragua and easier to find. They're also cheaper, thanks to the lower cost of labor in Nicaragua. As with all Tatuajes, these are made by Jose "Pepin" Garcia. MADE BY: Tabacalera Cubana S.A. FACTORY LOCATION: Nicaragua WRAPPER: Nicaragua BINDER: Nicaragua FILLER: Nicaragua PRICE: $5.50 2007 PRODUCTION: 49,000 RATING: 92 NEXT CIGAR > > 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4321

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EXHIBIT G

New Havana Cigars - the Online Humidor

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SWAG

Show off your favorite brands with SWAG! In popular culture, the term swag now usually refers to promotional items or gifts that are given away by companies or organizations, but let's face it - the best things are rarely free! We may from time to time come across SWAG that is meant to be passed on for free, but these items for sale are specially 'branded' accessories that are worth much more than their retail prices!

10 per page Sort By:

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Tatuaje Mens T-Shirt List Price: $25.00 Our Price: $25.00

Tatuaje Mens T-Shirt

Tatuaje Girls T-Shirt List Price: $20.00 Our Price: $20.00

Tatuaje Girls T-Shirt

Tatuaje Mens Polo Shirt List Price: $35.00 Our Price: $35.00

Tatuaje Mens Polo Shirt

Tatuaje Girls Tank List Price: $20.00 Our Price: $20.00

Tatuaje Girls Tank

Tatuaje Girls Booty Shorts

http://www.newhavanacigars.com/SearchResults.asp

10/27/2008

New Havana Cigars - the Online Humidor

Page 2 of 3

List Price: $17.50 Our Price: $17.50 Tatuaje Girls Booty Shorts

Tatuaje Ashtray List Price: $34.95 Our Price: $34.95 No Longer Available Limited Edition Tatuaje Ashtray

Tatuaje Table Lighter by Lotus List Price: $60.00 Our Price: $49.95 You Save $10.05! Tatuaje Lotus Table Lighter

Tatuaje Fleur Sterling 925 Pin List Price: $15.00 Our Price: $15.00 Tatuaje Fleur Sterling 925 Pin

The Buzz Cut Cigar Cutter by Tatuaje List Price: $13.00 Our Price: $12.00 You Save $1.00!

The Buzz Cut Cigar Cutter by Tatuaje

Tatuaje Skull Warmer List Price: $25.00 Our Price: $25.00 Tatuaje Skull Warmer

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10/27/2008

New Havana Cigars - the Online Humidor

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10/27/2008

EXHIBIT H

Online Dictionary Search Results

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Results for 'tatuaje' Spanish

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tatuaje

tattoo

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12/29/2008

Translation tatuaje in the Spanish-English Collins dictionary

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(=dibujo) tattoo

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(=acto) tattooing

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12/29/2008

Tatuaje

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12/29/2008

EXHIBIT I

Bromall, Jessica [email protected] on behalf of Pete Johnson [[email protected]] Thursday, June 19, 2008 6:21 AM Swain, Brennan C. Fwd: tatuaje email

From: Sent: To: Subject:

---------- Forwarded message ---------From: Al Gutman Date: Thu, 19 Jun 2008 02:32:59 -0400 Subject: RE: tatuaje email To: Pete Johnson Cc: Al Gutman _ Private Office Email Pete:

The total amount provided to me by accounting is $12,639.82

I just want to let you know that I am not interested in giving up the trademark for my out of pocket expenses. I am doing this as a favor to Jonathan, and because this is a small industry and a gentleman's industry.

Reading my emails tonight, I noticed that I received an email from my brother notifying me that "A request for an extension of time to file an opposition has been filed at the Trademark Trial and Appeal Board" for Tattoo. I assume that it was you but since the system takes time to update and I am unable to obtain a copy of the filing, I am not sure. If it was you, I do not have a problem with a limited extension of time to resolve this matter between us. But if it is not resolved quickly we will need to move forward and go into product and packaging production in time for the Christmas shopping season. As a result I will need to ask my brother to proceed swiftly, oppose the extension of time and get this matter heard by the Trademark Trial and Appeal Board. In that case there is no turning back and we will no longer be interested in transferring the trademark to you.

Please call me if you have any questions. Thanks and all the best!

Al Gutman Operations Director

Cuban Crafters The Cuban Crafters Building 3604 NorthWest 7th Street Miami, Florida 33125 (305)573-0222

Fax: (305)573-0226

Toll Free: 1-877-244-2701 (1-877-CIGAR-01) 1

www.cubancrafters.com

_____ From: [email protected] [mailto:[email protected]] On Behalf Of Pete Johnson Sent: Wednesday, June 18, 2008 7:56 PM To: [email protected] Subject: tatuaje email

-Pete Johnson Tatuaje Cigars Inc. Los Angeles - Miami - Esteli - Baez http://www.tatuajecigars.com

-Pete Johnson Tatuaje Cigars Inc. Los Angeles - Miami - Esteli - Baez http://www.tatuajecigars.com

2

EXHIBIT J

Bromall, Jessica From: Sent: To: Cc: Subject:

Swain, Brennan C. Monday, June 23, 2008 4:45 PM [email protected] Papp, Susan Your use of the mark TATTOO (68692-0003)

Dear Al: We represent Tatuaje Cigars, Inc, the owner of U.S. Trademark Registration No. 2,836,665 (to be recorded shortly) for the mark TATUAJE in connection with cigars (the "'665 registration"). I understand that you have filed a trademark application for the mark TATTOO in connection with cigars and related products. As you also likely know, and as stated in the '665 registration, TATUAJE is Spanish for TATTOO. Therefore, our client already owns trademark rights in the mark TATTOO and is not interested in paying you for a mark he already has rights in. We believe that the Trademark Office erred in allowing your mark to be published for opposition, and, if you are not willing to abandon your application immediately, we will move forward with the opposition and file for summary judgment, which we believe will be granted, as soon as possible. Furthermore, you indicated in your e-mail to our client that if this matter was not resolved quickly you would "move forward and go into product and packaging production in time for the Christmas shopping season." We strongly recommend that you do not do this and that you obtain legal advice regarding the risks you would be taking if you proceed to use the TATTOO mark. Therefore, we demand that you abandon your trademark application for TATTOO. Please contact or have your attorney contact me within 5 days to let me know that you agree to this demand. Please note that this letter does not constitute a complete statement of our client's rights, all of which are expressly reserved. Regards, Brennan Swain _______________________________________ Brennan C. Swain for JMBM | Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 (310) 785-5308 Direct (310) 203-0567 Fax [email protected] JMBM.com This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination, distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the intended recipient, please notify JMBM immediately by telephone or by e-mail, and permanently delete the original, and destroy all copies, of this message and all attachments. For further information, please visit JMBM.com. Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we hereby inform you that any advice contained herein (including in any attachment) (1) was not written or intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or any other person in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein. ---------- Forwarded message ---------1

From: Al Gutman Date: Thu, 19 Jun 2008 02:32:59 -0400 Subject: RE: tatuaje email To: Pete Johnson Cc: Al Gutman _ Private Office Email Pete:

The total amount provided to me by accounting is $12,639.82

I just want to let you know that I am not interested in giving up the trademark for my out of pocket expenses. I am doing this as a favor to Jonathan, and because this is a small industry and a gentleman's industry.

Reading my emails tonight, I noticed that I received an email from my brother notifying me that "A request for an extension of time to file an opposition has been filed at the Trademark Trial and Appeal Board" for Tattoo. I assume that it was you but since the system takes time to update and I am unable to obtain a copy of the filing, I am not sure. If it was you, I do not have a problem with a limited extension of time to resolve this matter between us. But if it is not resolved quickly we will need to move forward and go into product and packaging production in time for the Christmas shopping season. As a result I will need to ask my brother to proceed swiftly, oppose the extension of time and get this matter heard by the Trademark Trial and Appeal Board. In that case there is no turning back and we will no longer be interested in transferring the trademark to you.

Please call me if you have any questions. Thanks and all the best!

Al Gutman Operations Director

Cuban Crafters The Cuban Crafters Building 3604 NorthWest 7th Street Miami, Florida 33125 (305)573-0222

Fax: (305)573-0226

Toll Free: 1-877-244-2701 (1-877-CIGAR-01) www.cubancrafters.com

2

EXHIBIT K

Bromall, Jessica From: Sent: To: Cc: Subject:

Swain, Brennan C. Monday, September 22, 2008 11:34 AM Jose Gutman; Jeff Giunta Berman, Rod S.; Papp, Susan; Court Services Opposition No. 91185180 (Our Ref. 68692-0003)

Attachments:

20080922093624_BCS.PDF; 20080922093639_BCS.PDF

Gentlemen: Pursuant to our discussion last Thursday, attached are some of the cases we intend to rely on in our motion for summary judgment. In light of these cases, we again request that your application be dismissed immediately with prejudice. You indicated that, in reply to our submission of cases, you would provide us with the precedent you intend to rely on. If we do not hear from you by Thursday, September 25, 2008 we intend to proceed with the preparation and filing of the motion for summary judgment. We look forward to receiving by the 25th your reasoning as to why summary judgment is inappropriate and your cases in support thereof. As you will recall, you advised us that you would promptly provide such reasoning and precedent as you acknowledged that the Board appreciated such exchanges prior to the filing of motions. Regards, Brennan _______________________________________ Brennan C. Swain for JMBM | Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 (310) 785-5308 Direct (310) 203-0567 Fax [email protected] JMBM.com This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination, distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the intended recipient, please notify JMBM immediately by telephone or by e-mail, and permanently delete the original, and destroy all copies, of this message and all attachments. For further information, please visit JMBM.com. Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we hereby inform you that any advice contained herein (including in any attachment) (1) was not written or intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or any other person in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein.

20080922093624_B20080922093639_B CS.PDF CS.PDF

1

EXHIBIT L

United States - Selected Social Characteristics in the United States: 2007

Page 1 of 4

United States Selected Social Characteristics in the United States: 2007 Data Set: 2007 American Community Survey 1-Year Estimates Survey: American Community Survey

NOTE. Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, states, counties, cities and towns and estimates of housing units for states and counties. For more information on confidentiality protection, sampling error, nonsampling error, and definitions, see Survey Methodology. Selected Social Characteristics in the United States: 2007 HOUSEHOLDS BY TYPE Total households Family households (families) With own children under 18 years Married-couple family With own children under 18 years Male householder, no wife present, family With own children under 18 years Female householder, no husband present, family With own children under 18 years Nonfamily households Householder living alone 65 years and over

Estimate Margin of Error Percent Margin of Error 112,377,977 75,119,260 34,999,584 55,867,091 24,086,303 5,208,231 2,565,010 14,043,938 8,348,271 37,258,717 30,645,140 10,264,914

+/-144,356 +/-150,790 +/-89,167 +/-163,903 +/-93,744 +/-39,566 +/-30,360 +/-55,811 +/-43,810 +/-79,752 +/-81,159 +/-39,411

100% 66.8% 31.1% 49.7% 21.4% 4.6% 2.3% 12.5% 7.4% 33.2% 27.3% 9.1%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

38,639,706 26,256,977

+/-87,369 +/-51,171

34.4% 23.4%

+/-0.1 +/-0.1

2.61 3.20

+/-0.01 +/-0.01

(X) (X)

(X) (X)

RELATIONSHIP Population in households Householder Spouse Child Other relatives Nonrelatives Unmarried partner

293,499,975 112,377,977 55,824,105 89,604,479 19,655,231 16,038,183 6,240,153

***** +/-144,356 +/-142,589 +/-115,043 +/-130,502 +/-147,636 +/-40,813

100% 38.3% 19.0% 30.5% 6.7% 5.5% 2.1%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

MARITAL STATUS Males 15 years and over Never married Now married, except separated Separated Widowed Divorced

117,459,139 39,982,351 61,434,971 2,166,837 2,979,103 10,895,877

+/-23,829 +/-92,353 +/-142,506 +/-22,817 +/-28,240 +/-62,744

100% 34.0% 52.3% 1.8% 2.5% 9.3%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

Females 15 years and over Never married Now married, except separated Separated Widowed Divorced

123,264,879 34,078,165 59,485,793 3,127,433 12,164,063 14,409,425

+/-24,019 +/-85,283 +/-129,479 +/-35,018 +/-39,155 +/-58,059

100% 27.6% 48.3% 2.5% 9.9% 11.7%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

Households with one or more people under 18 years Households with one or more people 65 years and over Average household size Average family size

FERTILITY

http://factfinder.census.gov/servlet/ADPTable?_bm=y&-geo_id=01000US&-qr_name=A... 10/27/2008

United States - Selected Social Characteristics in the United States: 2007

Selected Social Characteristics in the United States: 2007 Number of women 15 to 50 years old who had a birth in the past 12 months Unmarried women (widowed, divorced, and never married) Per 1,000 unmarried women Per 1,000 women 15 to 50 years old Per 1,000 women 15 to 19 years old Per 1,000 women 20 to 34 years old Per 1,000 women 35 to 50 years old GRANDPARENTS Number of grandparents living with own grandchildren under 18 years Responsible for grandchildren Years responsible for grandchildren Less than 1 year 1 or 2 years 3 or 4 years 5 or more years

Page 2 of 4

Estimate Margin of Error Percent Margin of Error 4,183,633 +/-31,097 100% (X) 1,401,567 +/-23,757 33.5% +/-0.5 36 +/-1 (X) (X) 55 +/-1 (X) (X) 27 +/-1 (X) (X) 104 +/-1 (X) (X) 23 +/-1 (X) (X)

6,210,076 2,514,256

+/-52,193 +/-30,212

100% 40.5%

(X) +/-0.3

574,405 589,611 420,459 929,781

+/-13,261 +/-15,449 +/-11,704 +/-17,663

9.2% 9.5% 6.8% 15.0%

+/-0.2 +/-0.2 +/-0.2 +/-0.3

62.9% 70.5%

+/-0.3 +/-0.5

(X) (X)

(X) (X)

79,329,527 4,913,688 4,028,537 32,160,255 17,433,099 20,793,948

+/-74,725 +/-36,461 +/-34,845 +/-47,241 +/-40,626 +/-65,104

100% 6.2% 5.1% 40.5% 22.0% 26.2%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

197,892,369 12,575,318 18,098,125 59,658,315 38,522,312 14,704,788 34,364,477 19,969,034

+/-69,080 +/-60,229 +/-76,284 +/-131,598 +/-114,599 +/-69,816 +/-111,059 +/-81,430

100% 6.4% 9.1% 30.1% 19.5% 7.4% 17.4% 10.1%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

84.5% 27.5%

+/-0.1 +/-0.1

(X) (X)

(X) (X)

226,715,104 22,892,086

+/-30,886 +/-54,670

100% 100%

(X) (X)

DISABILITY STATUS OF THE CIVILIAN NONINSTITUTIONALIZED POPULATION Population 5 years and over 275,748,779 With a disability 41,199,423

+/-22,633 +/-96,260

100% 14.9%

(X) +/-0.1

Population 5 to 15 years With a disability

44,461,573 2,758,236

+/-43,616 +/-28,729

100% 6.2%

(X) +/-0.1

Population 16 to 64 years With a disability

195,020,523 23,706,208

+/-47,423 +/-72,002

100% 12.2%

(X) +/-0.1

36,266,683 14,734,979

+/-18,704 +/-45,124

100% 40.6%

(X) +/-0.1

297,545,149 250,025,832 45,705,642 28,005,700 17,699,942 10,193,075 7,506,867 1,813,675

+/-27,662 +/-282,315 +/-271,016 +/-205,974 +/-114,821 +/-87,035 +/-63,665 +/-40,239

100% 84.0% 15.4% 9.4% 5.9% 3.4% 2.5% 0.6%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

Characteristics of grandparents responsible for own grandchildren under 18 years Who are female Who are married SCHOOL ENROLLMENT Population 3 years and over enrolled in school Nursery school, preschool Kindergarten Elementary school (grades 1-8) High school (grades 9-12) College or graduate school EDUCATIONAL ATTAINMENT Population 25 years and over Less than 9th grade 9th to 12th grade, no diploma High school graduate (includes equivalency) Some college, no degree Associate's degree Bachelor's degree Graduate or professional degree Percent high school graduate or higher Percent bachelor's degree or higher VETERAN STATUS Civilian population 18 years and over Civilian veterans

Population 65 years and over With a disability RESIDENCE 1 YEAR AGO Population 1 year and over Same house Different house in the U.S. Same county Different county Same state Different state Abroad PLACE OF BIRTH

http://factfinder.census.gov/servlet/ADPTable?_bm=y&-geo_id=01000US&-qr_name=A... 10/27/2008

United States - Selected Social Characteristics in the United States: 2007

Selected Social Characteristics in the United States: 2007 Total population Native Born in United States State of residence Different state Born in Puerto Rico, U.S. Island areas, or born abroad to American parent(s) Foreign born

Page 3 of 4

Estimate Margin of Error Percent Margin of Error 301,621,159 ***** 100% (X) 263,561,465 +/-119,487 87.4% +/-0.1 259,762,585 +/-120,871 86.1% +/-0.1 177,509,272 +/-151,254 58.9% +/-0.1 82,253,313 +/-133,503 27.3% +/-0.1 3,798,880 +/-37,555 1.3% +/-0.1 38,059,694 +/-119,489 12.6% +/-0.1

U.S. CITIZENSHIP STATUS Foreign-born population Naturalized U.S. citizen Not a U.S. citizen

38,059,694 16,181,883 21,877,811

+/-119,489 +/-73,127 +/-113,990

100% 42.5% 57.5%

(X) +/-0.2 +/-0.2

YEAR OF ENTRY Population born outside the United States

41,858,574

+/-120,874

100%

(X)

Native Entered 2000 or later Entered before 2000

3,798,880 641,660 3,157,220

+/-37,555 +/-20,164 +/-34,765

100% 16.9% 83.1%

(X) +/-0.5 +/-0.5

Foreign born Entered 2000 or later Entered before 2000

38,059,694 10,551,254 27,508,440

+/-119,489 +/-97,330 +/-109,910

100% 27.7% 72.3%

(X) +/-0.2 +/-0.2

WORLD REGION OF BIRTH OF FOREIGN BORN Foreign-born population, excluding population born at sea Europe Asia Africa Oceania Latin America Northern America

38,059,555 4,990,294 10,184,906 1,419,317 216,701 20,409,676 838,661

+/-119,486 +/-45,508 +/-45,826 +/-33,778 +/-11,348 +/-89,137 +/-17,228

100% 13.1% 26.8% 3.7% 0.6% 53.6% 2.2%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

LANGUAGE SPOKEN AT HOME Population 5 years and over English only Language other than English Speak English less than "very well" Spanish Speak English less than "very well" Other Indo-European languages Speak English less than "very well" Asian and Pacific Islander languages Speak English less than "very well" Other languages Speak English less than "very well"

280,950,438 225,505,953 55,444,485 24,469,011 34,547,077 16,367,547 10,320,730 3,383,922 8,316,426 4,041,632 2,260,252 675,910

+/-17,610 +/-109,811 +/-106,562 +/-88,296 +/-75,004 +/-78,147 +/-68,048 +/-33,726 +/-45,037 +/-36,493 +/-43,582 +/-20,378

100% 80.3% 19.7% 8.7% 12.3% 5.8% 3.7% 1.2% 3.0% 1.4% 0.8% 0.2%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

ANCESTRY Total population American Arab Czech Danish Dutch English French (except Basque) French Canadian German Greek Hungarian Irish Italian Lithuanian Norwegian Polish Portuguese Russian Scotch-Irish Scottish Slovak

301,621,159 19,381,268 1,545,982 1,625,318 1,449,183 5,070,740 28,177,386 9,616,496 2,184,246 50,753,530 1,380,043 1,564,569 36,495,800 17,844,191 745,888 4,655,711 9,976,267 1,471,549 3,152,959 5,313,956 6,019,281 813,968

***** +/-98,125 +/-37,730 +/-24,486 +/-22,649 +/-40,879 +/-104,717 +/-55,583 +/-30,366 +/-127,805 +/-27,603 +/-26,846 +/-125,754 +/-85,019 +/-17,773 +/-40,892 +/-61,746 +/-28,992 +/-39,899 +/-47,695 +/-44,937 +/-17,303

100% 6.4% 0.5% 0.5% 0.5% 1.7% 9.3% 3.2% 0.7% 16.8% 0.5% 0.5% 12.1% 5.9% 0.2% 1.5% 3.3% 0.5% 1.0% 1.8% 2.0% 0.3%

(X) +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1 +/-0.1

http://factfinder.census.gov/servlet/ADPTable?_bm=y&-geo_id=01000US&-qr_name=A... 10/27/2008

United States - Selected Social Characteristics in the United States: 2007

Selected Social Characteristics in the United States: 2007 Subsaharan African Swedish Swiss Ukrainian Welsh West Indian (excluding Hispanic origin groups)

Page 4 of 4

Estimate Margin of Error Percent Margin of Error 2,702,367 +/-54,820 0.9% +/-0.1 4,340,436 +/-41,188 1.4% +/-0.1 1,018,853 +/-20,715 0.3% +/-0.1 970,667 +/-21,898 0.3% +/-0.1 1,920,993 +/-27,340 0.6% +/-0.1 2,478,797 +/-40,755 0.8% +/-0.1

Source: U.S. Census Bureau, 2007 American Community Survey Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these tables. Notes: ·Ancestry listed in this table refers to the total number of people who responded with a particular ancestry; for example, the estimate given for Russian represents the number of people who listed Russian as either their first or second ancestry. This table lists only the largest ancestry groups; see the Detailed Tables for more categories. Race and Hispanic origin groups are not included in this table because official data for those groups come from the Race and Hispanic origin questions rather than the ancestry question (see Demographic Table). ·The Census Bureau introduced a new skip pattern for the disability questions in the 2003 ACS questionnaire. This change mainly affected two individual items -- go-outside-home disability and employment disability -- and the recode for disability status, which includes the two items. Accordingly, comparisons of data from 2003 or later with data from prior years are not recommended for the relevant questions. For more information, see the ACS Subject Definitions for Disability. ·Data for year of entry of the native population reflect the year of entry into the U.S. by people who were born in Puerto Rico, U.S. Island Areas or born outside the U.S. to a U.S. citizen parent and who subsequently moved to the U.S. ·While the 2007 American Community Survey (ACS) data generally reflect the December 2006 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in ACS tables may differ from the OMB definitions due to differences in the effective dates of the geographic entities. The 2007 Puerto Rico Community Survey (PRCS) data generally reflect the December 2005 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in PRCS tables may differ from the OMB definitions due to differences in the effective dates of the geographic entities. ·Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2000 data. Boundaries for urban areas have not been updated since Census 2000. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization. Explanation of Symbols: 1. An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate. 2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an open-ended distribution. 3. An '-' following a median estimate means the median falls in the lowest interval of an open-ended distribution. 4. An '+' following a median estimate means the median falls in the upper interval of an open-ended distribution. 5. An '***' entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A statistical test is not appropriate. 6. An '*****' entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate. 7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of sample cases is too small. 8. An '(X)' means that the estimate is not applicable or not available. Selected migration, earnings, and income data are not available for certain geographic areas due to problems with group quarters data collection and imputation. See Errata Note #44 for details.

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EXHIBIT M

∗Σς −ΘΘΙΗΜΕΞΙ 6ΙΠΙΕΩΙæ 8ΨΙΩΗΕ]ô ïí 2ΣΖΙΘΦΙς îððé ∗Σς ΘΣςΙ ΜΡϑΣςΘΕΞΜΣΡ ΤΠΙΕΩΙ ΓΣΡΞΕΓΞ ΞΛΙ ΣϑϑΜΓΙ Σϑ ΞΛΙ 10% Ι∴ΙΓΨΞΜΖΙ ΗΜςΙΓΞΣς ΕΞ êìê ëéêóëïðîò

2); 10% 796:)= 7,3;7 7−+2−∗−∋%28 −2∋6)%7)7 −2 ∗36)−+2 0%2+9%+) 789(= %8 9ò7ò ∋300)+)7 %2( 92−:)67−8−)7 0ΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩ ςΜΩΙ ïíû ϑςΣΘ îððîå %ςΕΦΜΓô ΨΤ ïîéûô ΛΜΞΩ ýïð ΣΡ ΞΛΙ ΘΣΩΞ ΩΞΨΗΜΙΗ ΠΜΩΞå %ΩΜΕΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΚςΣ[Ω ΩΜΚΡΜϑΜΓΕΡΞΠ] ø2Ι[ =ΣςΟô 2=÷ óó −ΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΕΞ %ΘΙςΜΓΕΡ ΓΣΠΠΙΚΙΩ ΕΡΗ ΨΡΜΖΙςΩΜΞΜΙΩ ΛΕΩ ΜΡΓςΙΕΩΙΗ ΦςΣΕΗΠ] ΕΡΗ ΩΜΚΡΜϑΜΓΕΡΞΠ] ΩΜΡΓΙ îððîô ΕΓΓΣςΗΜΡΚ ΞΣ Ε ΓΣΘΤςΙΛΙΡΩΜΖΙ ΡΙ[ ΩΨςΖΙ]ô )ΡςΣΠΠΘΙΡΞΩ ΜΡ 0ΕΡΚΨΕΚΙΩ 3ΞΛΙς 8ΛΕΡ )ΡΚΠΜΩΛ ΜΡ 9ΡΜΞΙΗ 7ΞΕΞΙΩ −ΡΩΞΜΞΨΞΜΣΡΩ Σϑ ,ΜΚΛΙς )ΗΨΓΕΞΜΣΡô ∗ΕΠΠ îððêô ςΙΠΙΕΩΙΗ ΞΣΗΕ] Φ] ΞΛΙ 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ Σϑ %ΘΙςΜΓΕ ø10%÷ ΕΡΗ ϑΨΡΗΙΗ Φ] ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩ (ΙΤΕςΞΘΙΡΞ Σϑ )ΗΨΓΕΞΜΣΡò 8ΛΙ ΩΨςΖΙ] ϑΣΨΡΗ ΩΜΚΡΜϑΜΓΕΡΞ ΜΡΓςΙΕΩΙΩ ΜΡ ΙΡςΣΠΠΘΙΡΞΩ ΜΡ ΡΙΕςΠ] ΕΠΠ Σϑ ΞΛΙ ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩ ΩΞΨΗΜΙΗ ΣΡ %ΘΙςΜΓΕΡ ΓΣΠΠΙΚΙ ΓΕΘΤΨΩΙΩò 0ΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩ ΣΡ 9ΡΜΞΙΗ 7ΞΕΞΙΩ ΓΕΘΤΨΩΙΩ ΕςΙ ΕΞ ΞΛΙΜς ΛΜΚΛΙΩΞ ΩΜΡΓΙ ΞΛΙ ïçêð 10% ΩΨςΖΙ]ò −ΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΛΕΩ ΦΙΙΡ ΜΡΓςΙΕΩΜΡΚ ΩΞΙΕΗΜΠ] ΩΜΡΓΙ ïççèò ;ΛΜΠΙ ΞΛΙ ΩΞΨΗ] Σϑ ΞΛΙ ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩô 7ΤΕΡΜΩΛô ∗ςΙΡΓΛô ΕΡΗ +ΙςΘΕΡô ΓΣΡΞΜΡΨΙΩ ΞΣ ΚςΣ[ ΕΡΗ ΞΣΚΙΞΛΙς ςΙΤςΙΩΙΡΞΩ ΘΣςΙ ΞΛΕΡ éðû Σϑ ΠΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩô ΞΛΙΜς ΗΣΘΜΡΕΡΓΙ ΜΩ ΩΠΣ[Π] ΗΙΓςΙΕΩΜΡΚ ΜΡ ΞΛΙ ϑΕΓΙ Σϑ ΚςΣ[ΜΡΚ ΜΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙΩ ΩΨΓΛ ΕΩ %ςΕΦΜΓ øΨΤ ïîéû÷ô ∋ΛΜΡΙΩΙ øΨΤ ëïû÷ô ΕΡΗ /ΣςΙΕΡ øΨΤ íéû÷ò )ΡςΣΠΠΘΙΡΞΩ ΜΡ %ΘΙςΜΓΕΡ 7ΜΚΡ 0ΕΡΚΨΕΚΙ ΜΡΓςΙΕΩΙΗ ΡΙΕςΠ] íðû ϑςΣΘ îððîô ΘΕΟΜΡΚ ΜΞ ΞΛΙ ϑΣΨςΞΛ ΘΣΩΞ ΩΞΨΗΜΙΗ ΠΕΡΚΨΕΚΙ ΣΡ ΓΣΠΠΙΚΙ ΓΕΘΤΨΩΙΩô ΩΠΜΚΛΞΠ] ΕΛΙΕΗ Σϑ −ΞΕΠΜΕΡò 8ΛΙ ΘΣςΙ ΞΛΕΡ ΗΣΨΦΠΜΡΚ Σϑ %ςΕΦΜΓ ΙΡςΣΠΠΘΙΡΞΩ ΘΣΖΙΗ ΞΛΙ 1ΜΗΗΠΙ )ΕΩΞΙςΡ ΠΕΡΚΨΕΚΙ ΣΡΞΣ ΞΛΙ ΞΣΤ ïð ΘΣΩΞ ΩΞΨΗΜΙΗ ΠΜΩΞ ϑΣς ΞΛΙ ϑΜςΩΞ ΞΜΘΙò 8ΛΙ ΡΨΘΦΙς Σϑ ΜΡΩΞΜΞΨΞΜΣΡΩ Σϑ ΛΜΚΛΙς ΠΙΕςΡΜΡΚ ΣϑϑΙςΜΡΚ %ςΕΦΜΓ ΛΕΩ ΡΙΕςΠ] ΗΣΨΦΠΙΗ ΩΜΡΓΙ ΞΛΙ ΠΕΩΞ ΩΨςΖΙ]ô ϑςΣΘ îêì ΜΡ îððî ΞΣ ìêê %ςΕΦΜΓ ΤςΣΚςΕΘΩ ΣϑϑΙςΙΗ ΜΡ îððêò ♥8ΛΜΩ ΩΜΚΡΜϑΜΓΕΡΞ ΚςΣ[ΞΛ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ô ΕΡΗ ΞΛΙ ΗΜΖΙςΩΜΞ] Σϑ ΠΕΡΚΨΕΚΙΩ ΦΙΜΡΚ ΩΞΨΗΜΙΗô ΜΩ ΖΙς] ΚΣΣΗ ΡΙ[Ω ϑΣς ΙΗΨΓΕΞΜΣΡ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩô♠ ΩΕΜΗ 6ΣΩΙΘΕς] +ò ∗ΙΕΠô Ι∴ΙΓΨΞΜΖΙ ΗΜςΙΓΞΣς Σϑ ΞΛΙ 10%ò ♥7ΞΨΗΙΡΞΩ ΜΡΓςΙΕΩΜΡΚΠ] ΩΙΙ ΞΛΙΜς ϑΨΞΨςΙΩ ΞΕΟΜΡΚ ΤΠΕΓΙ ΜΡ Ε ΘΨΠΞΜΠΜΡΚΨΕΠ [ΣςΠΗô ΕΡΗ ΞΛΙ] [ΕΡΞ ΠΕΡΚΨΕΚΙ ΤςΙΤΕςΕΞΜΣΡ ΞΣ ΛΙΠΤ ΞΛΙΘ ϑΨΡΓΞΜΣΡ ΜΡ ΞΛΕΞ [ΣςΠΗò 7ΞΨΗΙΡΞΩ ςΙΓΣΚΡΜ⊥Ι ΞΛΕΞ ΛΕΖΜΡΚ ΞΛΙ ΕΦΜΠΜΞ] ΞΣ ϑΨΡΓΞΜΣΡ ΕΓςΣΩΩ ΓΨΠΞΨςΙΩ ΕΡΗ ΠΕΡΚΨΕΚΙΩ ΜΩ ΕΡ ΙΡΣςΘΣΨΩ ΕΗΖΕΡΞΕΚΙò♠ 8ΛΙ ΡΙ[ 10% ΩΨςΖΙ] ΜΡΓΠΨΗΙΩ ΗΕΞΕ ϑςΣΘ îôéçë ΓΣΠΠΙΚΙΩ ΕΡΗ ΨΡΜΖΙςΩΜΞΜΙΩ ΘΙΕΩΨςΜΡΚ ΙΡςΣΠΠΘΙΡΞΩ ΜΡ ΞΛΙ ΩΞΨΗ] Σϑ îïç ΠΕΡΚΨΕΚΙΩ ΣΞΛΙς ΞΛΕΡ )ΡΚΠΜΩΛô ϑςΣΘ ΞΛΙ ΘΣΩΞ ΤΣΤΨΠΕςô ΜΡΓΠΨΗΜΡΚ 7ΤΕΡΜΩΛô ∗ςΙΡΓΛ ΕΡΗ +ΙςΘΕΡô ΞΣ ΠΙΩΩ ΓΣΘΘΣΡΠ] ΩΞΨΗΜΙΗ ΠΕΡΚΨΕΚΙΩ ΩΨΓΛ ΕΩ 2ΕΖΕΝΣô ∗ΕςΩΜô ΕΡΗ ;ΙΠΩΛò 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ Σϑ %ΘΙςΜΓΕ îê &ςΣΕΗ[Ε]ô íςΗ ϑΠΣΣς 2Ι[ =ΣςΟô 2= ïðððìóïéèç êìê ëéêóëððð [[[òΘΠΕòΣςΚ

+ΠΣΦΕΠ (ΙΖΙΠΣΤΘΙΡΞΩ 1Ε] %ϑϑΙΓΞ 0ΕΡΚΨΕΚΙ ∋ΛΣΜΓΙΩ 8ςΙΡΗΩ ΜΡ ΠΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩ ΕΤΤΙΕς ΞΣ ΘΜςςΣς ΩΜΚΡΜϑΜΓΕΡΞ ΡΕΞΜΣΡΕΠ ΕΡΗ ΚΠΣΦΕΠ ΗΙΖΙΠΣΤΘΙΡΞΩô ΜΡΓΠΨΗΜΡΚ ΞΛΙ ςΜΩΙ Σϑ %ΩΜΕΡ ΙΓΣΡΣΘΜΙΩô ΞΛΙ ΩΞΙΕΗ] ΜΡΓςΙΕΩΙ Σϑ 7ΤΕΡΜΩΛó ΩΤΙΕΟΜΡΚ ςΙΩΜΗΙΡΞΩ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩô ΕΡΗ ΓΣΡΓΙςΡΩ ΕΦΣΨΞ ΞΛΙ ΚΕΤΩ ΜΡ ΨΡΗΙςΩΞΕΡΗΜΡΚ ΦΙΞ[ΙΙΡ )ΡΚΠΜΩΛó ΕΡΗ %ςΕΦΜΓóΩΤΙΕΟΜΡΚ ΩΣΓΜΙΞΜΙΩò ∗ςΣΘ îððî ΞΣ îððêô ΞΛΙ ΙΡςΣΠΠΘΙΡΞΩ ΜΡ ïï Σϑ ΞΛΙ ïë ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩ ΚςΙ[ ϑΕΩΞΙς ΞΛΕΡ ΞΛΙ ΣΖΙςΕΠΠ êòîû ΜΡΓςΙΕΩΙ ΜΡ ΞΛΙ ΡΨΘΦΙς Σϑ ΓΣΠΠΙΚΙ ΩΞΨΗΙΡΞΩ ΗΨςΜΡΚ ΞΛΕΞ ΤΙςΜΣΗò 8ΛΙ ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩ ΣΡ ΓΣΠΠΙΚΙ ΓΕΘΤΨΩΙΩ ΜΡ ϑΕΠΠ îððê [ΙςΙæ 0ΕΡΚΨΕΚΙ

)ΡςΣΠΠΘΙΡΞΩ û Σϑ %ΠΠ 0ΕΡΚΨΕΚΙ )ΡςΣΠΠΘΙΡΞΩ

ï÷ î÷ í÷ ì÷

èîîôçèë îðêôìîê çìôîêì

ëîòîû ïíòïû êòðû

õ ïðòíû õ îòîû õ íòëû

éèôèîç éèôíêè êêôêðë ëïôëèî íîôïçï îìôèìë îíôçéì îîôèìç ïìôïìð ïðôîêé çôêïî éôïìë

ëòðû ëòðû ìòîû íòíû îòðû ïòêû ïòëû ïòìû ðòçû ðòéû ðòêû ðòëû

õ îçòéû õ îîòêû õ îéòëû õ ëïòðû õ éòçû õ íòçû õïîêòëû õ ïîòïû ó ðòíû õ îîòìû õ ïïòëû õ íéòïû

ë÷ ê÷ é÷ è÷ ç÷ ïð÷ ïï÷ ïî÷ ïí÷ ïì÷ ïë÷

7ΤΕΡΜΩΛ ∗ςΙΡΓΛ +ΙςΘΕΡ %ΘΙςΜΓΕΡ 7ΜΚΡ 0ΕΡΚΨΕΚΙ −ΞΕΠΜΕΡ .ΕΤΕΡΙΩΙ ∋ΛΜΡΙΩΙ 0ΕΞΜΡ 6ΨΩΩΜΕΡ %ςΕΦΜΓ %ΡΓΜΙΡΞ +ςΙΙΟ &ΜΦΠΜΓΕΠ ,ΙΦςΙ[ 4ΣςΞΨΚΨΙΩΙ 1ΣΗΙςΡ ,ΙΦςΙ[ /ΣςΙΕΡ

−ΡΓςΙΕΩΙ ΩΜΡΓΙ îððî

8ΛΙ 10% ΩΨςΖΙ] ΕΠΩΣ ϑΣΨΡΗ Ε íïòîû ΜΡΓςΙΕΩΙ ΜΡ ΞΛΙ ΡΨΘΦΙς Σϑ ΠΕΡΚΨΕΚΙΩ ΣΨΞΩΜΗΙ ΞΛΙ ΞΣΤ ïë øΟΡΣ[Ρ ΕΩ ΠΙΩΩ ΓΣΘΘΣΡΠ] ΞΕΨΚΛΞ ΠΕΡΚΨΕΚΙΩô Σς 0∋80Ω÷ ΦΙΜΡΚ ΣϑϑΙςΙΗ ϑΣς ΩΞΨΗ]ò 8ΛΙΩΙ 0∋80Ω ΜΡΓΠΨΗΙ ΠΕΡΚΨΕΚΙΩ ΩΨΓΛ ΕΩ 7[ΕΛΜΠΜô 4ΙςΩΜΕΡô ,ΜΡΗΜô ΕΡΗ ∋ΕΞΕΠΕΡò % ΞΣΞΕΠ Σϑ îðì 0∋80Ω [ΙςΙ ΣϑϑΙςΙΗ ϑΣς ΩΞΨΗ] ΣΡ %ΘΙςΜΓΕΡ ΓΕΘΤΨΩΙΩ ΜΡ îððêô ΨΤ ϑςΣΘ ïêî ΣϑϑΙςΙΗ ΜΡ îððîò 8ΛΙ ΠΕςΚΙΩΞ ΜΡΓςΙΕΩΙΩ ΜΡ 0∋80Ω [ΙςΙ ϑΣΨΡΗ ΜΡ 1ΜΗΗΠΙ )ΕΩΞΙςΡ ΕΡΗ %ϑςΜΓΕΡ ΠΕΡΚΨΕΚΙΩô [ΛΙςΙ ΙΡςΣΠΠΘΙΡΞΩ ΚςΙ[ Φ] ëëòçû ΦΙΞ[ΙΙΡ îððî ΕΡΗ îððêò 9ΡΜΞΙΗ 7ΞΕΞΙΩ 0ΕΡΚΨΕΚΙ 7ΞΨΗ] 7ΞΜΠΠ ∗Ες 7ΛΣςΞ Σϑ ,ΜΩΞΣςΜΓ ,ΜΚΛΩ ;ΛΜΠΙ ΜΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΜΩ ΛΜΚΛô ΞΛΙ ΓΨςςΙΡΞ ςΕΞΙ Σϑ èòê ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙ ΙΡςΣΠΠΘΙΡΞΩ ΤΙς ïðð ΞΣΞΕΠ ΩΞΨΗΙΡΞ ΙΡςΣΠΠΘΙΡΞΩ ΜΩ ΩΞΜΠΠ [ΙΠΠ ΩΛΣςΞ Σϑ ΞΛΙ ïçêë ςΕΞΙ Σϑ ïêòë ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙ ΙΡςΣΠΠΘΙΡΞΩ ΤΙς ïðð ΞΣΞΕΠ ΩΞΨΗΙΡΞ ΙΡςΣΠΠΘΙΡΞΩô [ΛΜΓΛ [ΕΩ ΞΛΙ ΛΜΚΛΙΩΞ ςΕΞΙ ςΙΓΣςΗΙΗ ΜΡ ΞΛΙ ϑΣςΞ]óΙΜΚΛΞ ]ΙΕςΩ ΞΛΕΞ ΞΛΙ 10% ΛΕΩ ΓΣΡΗΨΓΞΙΗ ΞΛΜΩ ΩΨςΖΙ]ò ∗Σς ΞΛΙ ϑΜςΩΞ ΞΜΘΙô ΞΛΙ îððê 10% ΩΨςΖΙ] ΕΠΩΣ ΓΣΘΤΕςΙΗ ΙΡςΣΠΠΘΙΡΞ ϑΜΚΨςΙΩ ϑΣς ΜΡΞςΣΗΨΓΞΣς] øϑΜςΩΞó ΕΡΗ ΩΙΓΣΡΗó]ΙΕς÷ ΖΙςΩΨΩ ΕΗΖΕΡΓΙΗ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ò 7ΞΨΗΙΡΞΩ ΕςΙ î

ΡΙΕςΠ] ϑΜΖΙ ΞΜΘΙΩ ΘΣςΙ ΠΜΟΙΠ] ΞΣ ΦΙ ΙΡςΣΠΠΙΗ ΜΡ Ε ϑΜςΩΞó Σς ΩΙΓΣΡΗó]ΙΕς ΓΣΨςΩΙ ΞΛΕΡ ΜΡ ΕΗΖΕΡΓΙΗ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ò ;ΛΜΠΙ ΜΡΓςΙΕΩΜΡΚ ΡΨΘΦΙςΩ ΕΡΗ ΤςΣΤΣςΞΜΣΡΩ Σϑ ΩΞΨΗΙΡΞΩ ΕςΙ ΞΕΟΜΡΚ ΜΡΞςΣΗΨΓΞΣς] ΠΕΡΚΨΕΚΙ ΓΠΕΩΩΙΩô ΞΛΙ ΘΕΝΣςΜΞ] ΗΣ ΡΣΞ ΤΨςΩΨΙ ΞΛΙ ΕΗΖΕΡΓΙΗ ΩΞΨΗ] ΡΙΓΙΩΩΕς] ΞΣ ΕΓΛΜΙΖΙ ϑΠΨΙΡΓ]ò ♥;Ι ΕςΙ ΩΞΜΠΠ Ε ΠΣΡΚ [Ε] ϑςΣΘ Ε ΚΣΠΗΙΡ ΕΚΙ Σϑ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ô [ΛΙΡ ϑΠΨΙΡΓ] ΜΡ ϑΣςΙΜΚΡ ΠΕΡΚΨΕΚΙΩ ΜΩ ΩΙΙΡ ΕΩ Ε ΟΙ] ΤΕςΞ Σϑ Ε ΓΣΠΠΙΚΙ ΙΗΨΓΕΞΜΣΡô♠ ΡΣΞΙΗ 1ΜΓΛΕΙΠ ,ΣΠΥΨΜΩΞô ΤςΙΩΜΗΙΡΞ Σϑ ΞΛΙ 10%ò ♥,ΜΚΛΙς ΙΗΨΓΕΞΜΣΡ ΞΣΗΕ] ΜΩ ΣϑϑΙςΜΡΚ ΩΞΨΗΙΡΞΩ ΘΣςΙ ΕςΙΕΩ Σϑ ΩΞΨΗ]ô ΠΜΟΙ ΜΡϑΣςΘΕΞΜΣΡ ΞΙΓΛΡΣΠΣΚ]ò ;Ι ΕςΙ ΙΡΓΣΨςΕΚΙΗ ΞΣ ΩΙΙ ΞΛΕΞ ΜΡ ΞΛΜΩ ΩΞΜΘΨΠΕΞΜΡΚ ΙΗΨΓΕΞΜΣΡΕΠ ΙΡΖΜςΣΡΘΙΡΞô ΩΞΨΗΙΡΞΩ ΕςΙ ΜΡΓςΙΕΩΜΡΚΠ] ςΙΓΣΚΡΜ⊥ΜΡΚ ΞΛΙ ΜΘΤΣςΞΕΡΓΙ Σϑ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ò♠ 1ΙΞΛΣΗΣΠΣΚ] 8ΛΙ ΩΨςΖΙ] ςΙΤΣςΞΩ ΜΡϑΣςΘΕΞΜΣΡ ϑςΣΘ ççòèû øîôéçë÷ Σϑ ΞΛΙ îôèðï ΕΓΓςΙΗΜΞΙΗô ΡΣΞóϑΣςó ΤςΣϑΜΞô %%óô &%óô 1%óô ΕΡΗ 4Λ(óΚςΕΡΞΜΡΚ ΓΣΠΠΙΚΙΩ ΕΡΗ ΨΡΜΖΙςΩΜΞΜΙΩ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩ ΞΛΕΞ ςΙΚΨΠΕςΠ] ΞΙΕΓΛ ΠΕΡΚΨΕΚΙΩò 6ΙΚΜΩΞςΕςΩ ΕΡΗ ΣΞΛΙς ΩΓΛΣΣΠ ςΙΤςΙΩΙΡΞΕΞΜΖΙΩ [ΙςΙ ΓΣΡΞΕΓΞΙΗ Φ] ΞΛΙ 10% Φ] ΘΕΜΠô ΞΙΠΙΤΛΣΡΙô ΕΡΗ ΙóΘΕΜΠò 8ΛΙ 10% ΗΕΞΕΦΕΩΙ [ΕΩ ΩΨΤΤΠΙΘΙΡΞΙΗ [ΜΞΛ ΜΡϑΣςΘΕΞΜΣΡ ϑςΣΘ ΞΛΙ 2ΕΞΜΣΡΕΠ ∋ΙΡΞΙς ϑΣς )ΗΨΓΕΞΜΣΡ 7ΞΕΞΜΩΞΜΓΩ ΞΣ ΙΡΩΨςΙ ΞΛΕΞ ΕΠΠ ΙΠΜΚΜΦΠΙ ΜΡΩΞΜΞΨΞΜΣΡΩ [ΙςΙ ΕΓΓΣΨΡΞΙΗ ϑΣςò 6ΙΩΤΣΡΩΙΩ ΓΕΘΙ ϑςΣΘ çêê Ξ[Σó ]ΙΕς ΓΣΠΠΙΚΙΩ ΕΡΗ ïôèîç ϑΣΨςó]ΙΕς ΜΡΩΞΜΞΨΞΜΣΡΩò 8ΛΙ ΩΨςΖΙ] ΘΙΕΩΨςΙΩ ΙΡςΣΠΠΘΙΡΞΩô ΡΣΞ ΞΛΙ ΡΨΘΦΙς Σϑ ΩΞΨΗΙΡΞΩ ΩΞΨΗ]ΜΡΚ Ε ΠΕΡΚΨΕΚΙ ΣΞΛΙς ΞΛΕΡ )ΡΚΠΜΩΛò 7ΜΡΓΙ ΣΡΙ ΩΞΨΗΙΡΞ ΘΕ] ΙΡςΣΠΠ ΜΡ ΘΣςΙ ΞΛΕΡ ΣΡΙ ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙô Ε ΩΜΡΚΠΙ ΩΞΨΗΙΡΞ ΘΕ] ΦΙ ΓΣΨΡΞΙΗ ΘΣςΙ ΞΛΕΡ ΣΡΓΙò 8ΛΙ ςΕΞΜΣ Σϑ ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙ ΙΡςΣΠΠΘΙΡΞΩ ΞΣ ΞΣΞΕΠ ΩΞΨΗΙΡΞΩ ΜΩô ΛΣ[ΙΖΙςô Ε ϑΜΚΨςΙ ΞΛΕΞô ΣΖΙς ΞΜΘΙô ΓΕΡ ΩΙςΖΙ ΕΩ ΕΡ ΜΘΤΣςΞΕΡΞ ΜΡΗΜΓΕΞΣς Σϑ ΩΞΨΗΙΡΞ ΜΡΞΙςΙΩΞ ΜΡ ΞΛΙ ΩΞΨΗ] Σϑ ΠΕΡΚΨΕΚΙΩò %ΦΣΨΞ ΞΛΙ 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ ∗ΣΨΡΗΙΗ ΜΡ ïèèíô ΞΛΙ 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ Σϑ %ΘΙςΜΓΕ ΤςΣΖΜΗΙΩ ΣΤΤΣςΞΨΡΜΞΜΙΩ ϑΣς ΜΞΩ ΘΙΘΦΙςΩ ΞΣ ΩΛΕςΙ ΞΛΙΜς ΩΓΛΣΠΕςΠ] ϑΜΡΗΜΡΚΩ ΕΡΗ ΞΙΕΓΛΜΡΚ Ι∴ΤΙςΜΙΡΓΙΩ [ΜΞΛ ΓΣΠΠΙΕΚΨΙΩ ΕΡΗ ΞΣ ΗΜΩΓΨΩΩ ΞςΙΡΗΩ ΜΡ ΞΛΙ ΕΓΕΗΙΘ]ò ∗Σς ΣΖΙς Ε ΛΨΡΗςΙΗ ]ΙΕςΩô ΘΙΘΦΙςΩ ΛΕΖΙ [ΣςΟΙΗ ΞΣ ΩΞςΙΡΚΞΛΙΡ ΞΛΙ ΩΞΨΗ] ΕΡΗ ΞΙΕΓΛΜΡΚ Σϑ ΠΕΡΚΨΕΚΙ ΕΡΗ ΠΜΞΙςΕΞΨςΙò 10% ΘΙΘΦΙςΩ ΩΨΩΞΕΜΡ ΣΡΙ Σϑ ΞΛΙ ϑΜΡΙΩΞ ΤΨΦΠΜΩΛΜΡΚ ΤςΣΚςΕΘΩ ΜΡ ΞΛΙ ΛΨΘΕΡΜΞΜΙΩò 8ΛΙ 10% 0ΕΡΚΨΕΚΙ 1ΕΤ ø[[[òΘΠΕòΣςΚñΘΕΤΧΘΕΜΡ÷ ΕΡΗ ΜΞΩ (ΕΞΕ ∋ΙΡΞΙς ΤςΣΖΜΗΙ ΜΡϑΣςΘΕΞΜΣΡ ΕΦΣΨΞ ΘΣςΙ ΞΛΕΡ ìéôðððôððð ΤΙΣΤΠΙ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩ [ΛΣ ΩΤΙΕΟ ΠΕΡΚΨΕΚΙΩ ΣΞΛΙς ΞΛΕΡ )ΡΚΠΜΩΛ ΕΞ ΛΣΘΙò 8ΛΙ 10% [ΙΙΟΠ] ςΕΗΜΣ ΤςΣΚςΕΘô ;ΛΕΞ←Ω ΞΛΙ ;ΣςΗ#ô ΓΕΡ ΦΙ ΛΙΕςΗ ΣΡ ΘΣςΙ ΞΛΕΡ ïêð ςΕΗΜΣ ΩΞΕΞΜΣΡΩ ΕΓςΣΩΩ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩò 8ΛΙ îððé 10% %ΡΡΨΕΠ ∋ΣΡΖΙΡΞΜΣΡ [ΜΠΠ ΦΙ ΛΙΠΗ ΜΡ ∋ΛΜΓΕΚΣô îé♣íð (ΙΓΙΘΦΙςò ∗Σς ΘΣςΙ ΜΡϑΣςΘΕΞΜΣΡ ΕΦΣΨΞ ΞΛΙ 10%ô ΤΠΙΕΩΙ ΖΜΩΜΞ ΣΨς ;ΙΦ ΩΜΞΙ ø[[[òΘΠΕòΣςΚ÷ò ýýý í

EXHIBIT N

Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002 Elizabeth B. Welles IN SEPTEMBER 2003 the MLA finished compiling the figures from its fall 2002 survey of foreign language enrollments in United States institutions of higher education. This latest survey is the twentieth in a series conducted since 1958 with the support of grants from the United States Department of Education (or from its predecessor, the United States Office of Education). The following report presents fall 2002 enrollments for individual languages and examines trends through time. Using procedures developed for previous surveys, the MLA sent a questionnaire to the registrars of 2,781 two- and four-year institutions, soliciting information on credit-bearing enrollments for fall 2002 in all language courses other than English. Although the instructions on the questionnaire made it clear that the survey was seeking information on all language courses offered on the campuses of these institutions, the MLA has no way of knowing whether the registrars in all cases provided complete information. The questionnaire was not mailed until midOctober 2002, to ensure that the figures provided would be final (or nearly so) rather than preliminary. A second mailing was sent in early December, a third in mid-February 2003, and a series of follow-up telephone calls was begun in April. All but 12 of the institutions receiving the initial survey mailing, or 99.6%, eventually responded—the highest response rate in the history of the MLA’s enrollment surveys. Among the 2,769 respondents, 2,519, or 91.0%, reported having fall 2002 enrollments in at least one language other than English. Of the responses, 1,068, or 38.6%, are from two-year colleges, and 1,701 are from four-year institutions. No language courses other than English were offered by 7.6% of the fouryear institutions and 11.3% of the two-year colleges.

This year for the first time, survey participants were able to respond on the World Wide Web using an interface designed for the collection of the survey data. Of the responses monitored and entered into our database, 28.7% were made on the Web site, 50.9% were made on a return postcard, and 20.4% were made in follow-up phone calls. The Web site was designed to tell us whether enrollments had been previously reported for an institution and for what specific languages. This feature helped make the survey more accurate, ensuring a higher level of consistency in the data reported by the participating institutions, whose particular individual respondents change from survey to survey. The user-friendly design of the Web interface also made it easier for the MLA survey administrator to keep track of additional information about language offerings. It instantly displayed comparisons between the numbers of programs offered in 1998 and those being reported for 2002. This display led to follow-up questions about the addition and subtraction of specific language offerings and about the reasons for those changes. For example, we asked institutions that reported enrollments in a specific language in 1998 but not in 2002 whether the language was still listed in the catalog; those that had enrollments in a language in 2002 but not in 1998 were asked if they were reporting about a new program.

The author is former Director of Foreign Language Programs and ADFL at the Modern Language Association. ADFL Bulletin, Vol. 35, Nos. 2–3, Winter-Spring 2004 © 2004 by the association of departments of foreign languages

8

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Fall 2002 Enrollments Tables 1a and 1b compare the fall 2002 enrollments in the fifteen most commonly taught languages with those in 1998, the year of the most recent previous survey. In table 1a, the languages are listed in descending order of fall 2002 enrollment totals; in table 1b they are listed alphabetically. The tables also show an aggregate count for the 147 other languages for which enrollment data were reported in 2002. Enrollments for those other languages appear in table 8. As tables 1a and 1b show, the total of foreign language enrollments for 2002 exceeded that for 1998 by 17.0%. It is the highest total recorded since the beginning of the MLA surveys (see fig. 1). The list of the fifteen more commonly taught languages shows clear groupings: Spanish is far ahead; then come French and German; then Italian, American Sign Language (ASL), and Japanese; then Chinese, Latin, Russian, and ancient Greek; then biblical Hebrew, Arabic, Modern Hebrew, Portuguese, and Korean. For the first time since 1968, all show increases in enrollments. ASL’s increase at 432.2% is more than four times that of any other language. Next is Arabic at 92.3%; biblical Hebrew at 55.9%; Italian at 29.6%; Japanese, Chinese, ancient Greek, Modern Hebrew, and Portuguese at between 20% and 30%; and Spanish, Latin, and Korean at between 10% and 17%. French, German, and Russian showed an increase under 3% and thus can be said to have had stable enrollments from 1998 to 2002.

Foreign Language Enrollments by Undergraduates in Two- and Four-Year Colleges and by Graduates in Universities Tables 2a and 2b show enrollments of undergraduate and graduate students; two-year and four-year institutions further define the undergraduate population. Undergraduate enrollments at four-year institutions, which had declined 6.2% from 1990 to 1995, rose 4.6% in 1998 and rose another 11.8% in 2002;

they are now 9.8% more than the previous high in 1990. Graduate enrollments declined 15.2% from 1995 to 1998 but increased 11.9% from 1998 to 2002. They have fluctuated in a range of 5,000 students since 1983 and have not yet returned to the high of 1974 (see table 2c). Foreign language enrollments in two-year colleges underwent a growth spurt of 40.2% between 1986 and 1990 and have risen continuously since: 3.6% in 1995, 8.8% in 1998, and 36.0% in 2002. The student population in two-year colleges increased 12.0% from 1986 to 1990 and 4.8% between 1990 and 1995, decreased 0.1% between 1995 and 1998, and increased 8.6% between 1998 and 2002.1 Of the 1,068 two-year colleges included in our survey, 947 reported enrollments in 2002 (37.6% of all institutions), accounting for 45.6% of the total growth for all enrollments regardless of level or institution type. From 1998 to 2002, Spanish increased 22.9%, almost twice the increase in Spanish for the total survey. Spanish now represents 63.0% of all two-year college language enrollments, a drop from 1998 when it represented 69.7%. Community college enrollments in ASL, which accounted for 78.9% of the overall ASL total in 1995 and 61.3% in 1998, increased by 457.6% between 1998 and 2002 and now represent 64.2% of the overall ASL total. Tables 3a and 3b show the regional distribution of language study in the United States. Whereas total enrollments and four-year and graduate enrollments are highest in the Northeast, Midwest, and South Atlantic regions, two-year college enrollments are overwhelmingly on the Pacific Coast. Appendix A shows sixteen languages and their enrollments by region. The study of Italian and Hebrew resides primarily in the Northeast. The study of the Asian languages Chinese, Japanese, Korean, and Vietnamese takes place primarily on the Pacific Coast. The study of Spanish is fairly evenly distributed nationally, with slightly higher concentrations found in the Midwest and South Atlantic. Arabic is also very evenly distributed, with an enrollment concentration of about 21% in the four most populated regions of the United States.

Elizabeth B. Welles

Table 1a Fall 1998 and 2002 Foreign Language Enrollments in United States Institutions of Higher Education (Languages in Descending Order of 2002 Totals)

Spanish French German Italian American Sign Language Japanese Chinese Latin Russian Ancient Greek Biblical Hebrew Arabic Modern Hebrew Portuguese Korean Other languages Total

9

Table 1b Fall 1998 and 2002 Foreign Language Enrollments in United States Institutions of Higher Education (Languages in Alphabetical Order)

1998

2002

Percentage Change

656,590 199,064 89,020 49,287

746,267 201,979 91,100 63,899

13.7 1.5 2.3 29.6

11,420 43,141 28,456 26,145 23,791 16,402 9,099 5,505 6,734 6,926 4,479 17,771

60,781 52,238 34,153 29,841 23,921 20,376 14,183 10,584 8,619 8,385 5,211 25,716

432.2 21.1 20.0 14.1 0.5 24.2 55.9 92.3 28.0 21.1 16.3 44.7

American Sign Language Arabic Chinese French German Ancient Greek Biblical Hebrew Modern Hebrew Italian Japanese Korean Latin Portuguese Russian Spanish Other languages

1,193,830

1,397,253

17.0

Total

Language

•

1998

2002

Percentage Change

11,420 5,505 28,456 199,064 89,020 16,402 9,099 6,734 49,287 43,141 4,479 26,145 6,926 23,791 656,590 17,771

60,781 10,584 34,153 201,979 91,100 20,376 14,183 8,619 63,899 52,238 5,211 29,841 8,385 23,921 746,267 25,716

432.2 92.3 20.0 1.5 2.3 24.2 55.9 28.0 29.6 21.1 16.3 14.1 21.1 0.5 13.7 44.7

1,193,830

1,397,253

17.0

Language

Figure 1 Foreign Language Enrollments by Year, Excluding Latin and Ancient Greek 1,400,000 1,347,036 1,300,000 1,200,000 1,138,880 1,100,000

1,073,097

1,000,000

975,777

900,000

1,067,217

1,151,283 1,096,603

963,930

960,588 922,439

897,077 883,222

877,691

800,000 700,000 600,000

608,749

500,000 1960

1965

1968 1970 1972 1974

1977

1980

1983

1986

1990

1995

1998

2002

10

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Table 2a Foreign Language Enrollments by Undergraduate Students in Four-Year Colleges and by Graduate Students (Languages in Descending Order of 2002 Totals) Language Spanish French German Italian Japanese Latin Chinese American Sign Language Russian Hebrew* Ancient Greek Arabic Portuguese Korean Other languages Total Percentage Change

1995

Undergraduates 1998 2002

432,133 168,027 80,393 36,287 33,888 24,030 20,966 852 21,305 8,860 11,666 3,807 5,359 2,943 12,877

468,040 164,407 74,437 41,216 32,588 24,411 22,472 4,254 20,541 11,740 11,738 3,902 5,958 3,546 14,254

515,688 162,705 75,987 51,750 38,545 27,695 26,914 21,613 20,208 16,651 14,044 8,194 6,945 4,045 19,257

863,393 –

903,504 4.6

1,010,241 11.8

1995 10,936 6,809 4,181 1,043 1,406 1,040 1,042 58 1,424 3,448 4,385 441 710 231 1,523

Graduates 1998 2002

Undergraduates and Graduates 1995 1998 2002

9,046 4,850 2,938 925 1,334 894 1,220 163 964 3,560 4,471 445 488 309 1,196

9,950 4,605 2,803 1,047 930 1,045 934 121 770 5,551 6,033 531 487 111 1,797

443,069 174,836 84,574 37,330 35,294 25,070 22,008 910 22,729 12,308 16,051 4,248 6,069 3,174 14,400

477,086 169,257 77,375 42,141 33,922 25,305 23,692 4,417 21,505 15,300 16,209 4,347 6,446 3,855 15,450

525,638 167,310 78,790 52,797 39,475 28,740 27,848 21,734 20,978 22,202 20,077 8,725 7,432 4,156 21,054

38,677 32,803 – –15.2

36,715 11.9

902,070 –

936,307 3.8

1,046,956 11.8

*Modern and biblical Hebrew combined

Table 2b Foreign Language Enrollments by Students in Two-Year Colleges (Languages in Descending Order of 2002 Totals)

Spanish American Sign Language French Japanese German Italian Chinese Russian Arabic Vietnamese Latin Korean Portuguese Hawai‘ian Hebrew* Ancient Greek Other languages Total Percentage Change

Percentage Change Percentage Change 2002 between 1998 and 2002 between 1986 and 2002

1986

1990

1995

1998

89,491 0 39,818 4,835 15,399 6,303 2,105 1,596 354 56 497 0 289 199 697 245 997

133,823 1,140 44,366 10,308 19,082 8,325 3,506 3,472 423 169 909 141 365 299 786 283 1,023

163,217 3,394 30,515 9,429 11,689 6,430 4,463 2,000 196 489 827 169 462 635 819 221 1,747

179,504 7,003 29,807 9,219 11,645 7,146 4,764 2,286 1,158 385 840 624 480 645 533 193 1,291

220,629 39,047 34,669 12,763 12,310 11,102 6,305 2,943 1,859 1,185 1,101 1,055 953 667 600 299 2,810

22.9 457.6 16.3 38.4 5.7 55.4 32.3 28.7 60.5 207.8 31.1 69.1 98.5 3.4 12.6 54.9 117.7

146.5 – –12.9 164.0 –20.1 76.1 199.5 84.4 425.1 2,016.1 121.5 – 229.8 235.2 –13.9 22.0 181.8

162,881 –

228,420 40.2

236,702 3.6

257,523 8.8

350,297 36.0

36.0

115.1

Hebrew and ancient Greek are not commonly taught at the two-year level but are included here for comparison with table 2a. *Modern and biblical Hebrew combined

Elizabeth B. Welles

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Table 2c Total Foreign Language Enrollments by Student Status, 1974–2002

1974 1983 1986 1990 1995 1998 2002

Students in Two-Year Colleges

Students in Four-Year Colleges

Graduate Students

154,466 164,411 162,881 228,420 236,702 257,523 350,297

750,277 769,444 807,084 920,092 863,393 903,504 1,010,241

41,892 35,158 33,269 35,628 38,677 32,803 36,715

Table 3a United States Geographic Distribution of 2002 Language Enrollments

Northeast Midwest South Atlantic South Central Rocky Mountain Pacific Coast National (total)

Number

Percentage of National

302,875 304,366 293,736 138,884 104,323 253,069

21.7 21.8 21.0 9.9 7.5 18.1

1,397,253

100.0

Table 3b United States Geographic Distribution of 2002 Language Enrollments by Level

Northeast Midwest South Atlantic South Central Rocky Mountain Pacific Coast National (total)

Two-Year Colleges

Percentage of National

Four-Year Colleges

Percentage of National

Graduate

Percentage of National

45,360 45,648 54,891 36,759 36,037 131,602

12.9 13.0 15.7 10.5 10.3 37.6

249,018 250,162 230,377 98,696 66,134 115,854

24.6 24.8 22.8 9.8 6.5 11.5

8,497 8,556 8,468 3,429 2,152 5,613

23.1 23.3 23.1 9.3 5.9 15.3

350,297

100.0

1,010,241

100.0

36,715

100.0

States included in each region: Northeast: CT, DE, MA, ME, NH, NJ, NY, PA, RI, VT Midwest: IA, IL, IN, KS, MI, MN, MO, ND, NE, OH, SD, WI South Atlantic: AL, DC, FL, GA, KY, MD, NC, SC, TN, VA, WV South Central: AR, LA, MS, OK, TX Rocky Mountain: AZ, CO, ID, MT, NM, NV, UT, WY Pacific Coast: AK, CA, HI, OR, WA

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Trends in Language Enrollments Figure 1 shows trends through time in total foreign language enrollments: the steep growth in the 1960s, the decrease in the 1970s, and the steady rise through the 1980s. During the 1990s, enrollments continued to ascend, dipped in 1995, and reached an all-time high in fall 2002. This growth is tempered by the fact that total college enrollments have increased at a greater rate than foreign language enrollments; the difference in the two rates of increase is shown in table 4. Between 1977 and 1998, as the increase in the number of college students leveled off, the proportion of enrollments in modern foreign languages remained stable, ranging from the 1980 low of 7.3 per hundred students to the high in 1990 of 8.2. In our 2002 survey the proportion of modern foreign language enrollments per 100 institutional enrollments rose to 8.6, a moderate proportion but the highest in the history of MLA surveys since 1977. Table 5 presents trends in enrollments in the twelve most commonly taught foreign languages (Latin and ancient Greek excluded) between 1960 and 2002, and the enrollment growth or decline for each language over selected periods. Table 6 gives the per-

centage of the total language enrollment count for the fourteen most commonly taught languages (Latin and ancient Greek included). Spanish is and has been the most widely taught language in colleges and universities since 1970, and it continues to account for more than half (53.4%) of all enrollments, a fact first recorded in our 1995 survey. The next largest grouping, French and German, represents 21.0% of students studying languages other than English. Italian, ASL, Japanese, Chinese, and Latin together make up 17.2%. A fourth grouping of languages, each representing between 1% and 2% of the total, comprises Russian, Hebrew, and ancient Greek; together they account for 4.8% of all language students. The languages that have enrollments lower than 1% in some cases show very dramatic increases but still account for a very small percentage of students studying languages. Korean, Arabic, and Portuguese, which individually grew significantly from the previous survey, account for only 1.8% of total enrollments. Since their high points in 1968, French has lost 48.0% of its total enrollments and German 57.9%, but each seems to have stabilized in the last four years, with slight increases in both languages in comparison with the 1998 survey. Between 1970 and 2002 Japanese

Table 4 Modern Foreign Language (MFL) Enrollments Compared with Enrollments in Higher Education, 1960–2002

1960 1965 1968 1970 1972 1977 1980 1983 1986 1990 1995 1998 2002

Total United States *College Enrollments*

Index of **Growth (%)**

***MFL Enrollments***

Index of Growth (%)

MFL Enrollments per 100 Overall

3,789,000 5,920,864 7,513,091 8,580,887 9,214,820 11,285,787 12,096,895 12,464,661 12,503,511 13,818,637 14,261,781 14,507,000 15,608,000

100.0 156.3 198.3 226.5 243.2 297.9 319.3 329.0 330.0 364.7 376.4 382.9 411.9

608,749 975,777 1,073,097 1,067,217 963,930 883,222 877,691 922,439 960,588 1,138,880 1,096,603 1,151,283 1,347,036

100.0 160.3 176.3 175.3 158.3 145.1 144.2 151.5 157.8 187.1 180.1 189.1 221.3

16.1 16.5 14.3 12.4 10.5 7.8 7.3 7.4 7.7 8.2 7.7 7.9 8.6

***The figures in the first column are taken from the Digest of Education Statistics. ***The 1960 and 2002 figures are estimates. The 2002 figure is taken from a projections table on the National Center for Education Statistics Web site (nces.ed.gov/pubs2002/proj2012/Table_11_2.asp). ***For index figures, 1960=100.0% ***Includes all languages listed in tables 1 and 2 except Latin and ancient Greek.

Elizabeth B. Welles

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Table 5 Enrollments in the Twelve Leading Foreign Languages (Excluding Latin and Ancient Greek) in Selected Years, with Percentage Changes

Spanish French German Italian American Sign Language Japanese Chinese Russian Hebrew* Arabic Portuguese Korean Total

Enrollments 1990

1960

1970

1980

178,689 228,813 146,116 11,142 – 1,746 1,844 30,570 3,834 541 1,033 168

389,150 359,313 202,569 34,244 – 6,620 6,238 36,189 16,567 1,333 5,065 101

379,379 248,361 126,910 34,791 – 11,506 11,366 23,987 19,429 3,466 4,894 374

604,496

1,057,389

864,463

1960–70

1970–80

117.8 57.0 38.6 207.3 – 279.2 238.3 18.4 332.1 146.4 390.3 –39.9

–2.5 –30.9 –37.3 1.6 – 73.8 82.2 –33.7 17.3 160.0 –3.4 270.3

40.7 9.7 5.1 42.9 – 297.3 71.5 86.0 –33.1 0.3 26.9 511.2

13.5 –24.6 –27.8 –11.9 168.7 –2.2 35.8 –44.6 1.0 27.9 5.2 46.2

8.3 –3.1 –7.5 12.6 165.3 –3.5 7.5 –3.8 20.6 23.9 6.0 34.0

13.7 1.5 2.3 29.6 432.2 21.1 20.0 0.5 44.0 92.3 21.1 16.3

74.9

–18.2

30.2

–4.1

5.0

16.6

Spanish French German Italian American Sign Language Japanese Chinese Russian Hebrew* Arabic Portuguese Korean Total *Modern and biblical Hebrew totals combined

1995

1998

2002

533,944 272,472 133,348 49,699 1,602 45,717 19,490 44,626 12,995 3,475 6,211 2,286

606,286 205,351 96,263 43,760 4,304 44,723 26,471 24,729 13,127 4,444 6,531 3,343

656,590 199,064 89,020 49,287 11,420 43,141 28,456 23,791 15,833 5,505 6,926 4,479

746,267 201,979 91,100 63,899 60,781 52,238 34,153 23,921 22,802 10,584 8,385 5,211

1,125,865

1,079,332

1,133,512

1,321,320

Percentage Changes between Surveys 1980–90 1990–95 1995–98

1998–2002

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Table 6 Percentage of Total Enrollments, 1968–2002, for the Fourteen Most Commonly Taught Languages in 2002

Spanish French German Italian American Sign Language Japanese Chinese Latin Russian Hebrew* Ancient Greek Arabic Portuguese Korean Other languages Total enrollments (in numbers)

1968

1980

1986

1990

1995

1998

2002

32.4 34.4 19.2 2.7 – 0.4 0.4 3.1 3.6 0.9 1.7 0.1 0.4 0.0 0.7

41.0 26.9 13.7 3.8 – 1.2 1.2 2.7 2.6 2.1 2.4 0.4 0.5 0.0 1.4

41.0 27.4 12.1 4.1 – 2.3 1.7 2.5 3.4 1.6 1.8 0.3 0.5 0.1 1.3

45.1 23.0 11.3 4.2 0.1 3.9 1.6 2.4 3.8 1.1 1.4 0.3 0.5 0.2 1.2

53.2 18.0 8.5 3.8 0.4 3.9 2.3 2.3 2.2 1.2 1.4 0.4 0.6 0.3 1.5

55.0 16.7 7.5 4.1 1.0 3.6 2.4 2.2 2.0 1.3 1.4 0.5 0.6 0.4 1.5

53.4 14.5 6.5 4.6 4.4 3.7 2.4 2.1 1.7 1.6 1.5 0.8 0.6 0.4 1.8

1,127,363

924,837

1,003,234

1,184,100

1,138,772

1,193,830

1,397,253

*Modern and biblical Hebrew totals combined

enrollments increased by nearly eight times, Chinese almost five and a half times. The greatest period of growth in actual numbers for both these languages occurred during the 1980s; they now are experiencing less variation and have represented 6% of all student enrollments for the current and previous two surveys. Figure 2 contrasts the enrollments in Spanish from 1960 through 2002 with those in all other modern languages taught at the postsecondary college levels. While considerably higher in 2002 than in the previous two surveys, enrollments in languages other than Spanish are lower than they were at their high of 1968. After dropping off in the 1970s, they grew through the 1980s and peaked in 1990, which was the most recent high for the total enrollments in all languages other than Spanish. After a dip in the 1990s, languagees other than Spanish indicate a rise in the current survey. Spanish enrollments, however, have increased consistently since 1960 and progressively accounted for a greater percentage of all enrollments until 2002. For this survey the number of students studying Spanish went up by 89,677, while the number of students studying all other languages increased by 113,746. Figure 3a shows enrollment trends through time in the top seven most commonly taught modern languages, not including Spanish, and Figure 3b shows the trends for the remaining six languages listed in

table 1. French and German are similar: strong growth during the 1960s and a drop in the 1970s. While French recovered somewhat in the 1980s, it declined through the 1990s, though it now seems to be increasing again. German made a modest recovery from 1986 to 1990, declined throughout the 1990s, but has experienced an increase since 1998. Russian now seems to be stabilizing after showing great variability (dropping steeply in the 1970s and 1990s, rising in the 1960s and 1980s). Enrollments in Italian, Chinese, and Japanese grew consistently from 1960 to 1990, but since 1990 slightly different patterns have emerged: Chinese continues to grow; Japanese declined slightly but has been on the rise since 1998; and Italian recovered from the decline that it experienced in the 1995 survey and in 2002 is increasing substantially. American Sign Language was first recorded in the survey in 1990 and has shown a tremendous increase for each survey since then as more institutions begin to report it. Korean has grown steadily since it was first reported in 1974, showing an increase of 128.0% since 1990. Enrollments in Arabic were relatively stable during the 1980s; however, since 1995 they have shown rapid growth, particularly between 1998 and 2002, almost doubling (from 5,505 to 10,584). Portuguese showed consistent low growth through the 1990s but jumped between 1998

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Figure 2 Enrollments in Spanish Compared with Those in All Other Languages, except Latin and Ancient Greek, by Year 800,000

700,000

746,267

Other Modern Languages Spanish

708,227

656,590 604,936

600,000 549,295

533,944

498,312

500,000 430,060

400,000

600,769

606,286

490,317

494,693

411,293 364,870

379,379

300,000

200,000

178,689

100,000

0

1960

1968

1980

1986

and 2002 (from 6,926 to 8,385). Enrollments in Hebrew and Greek have shown similar curves since their high counts in 1974, though Hebrew’s growth has been steadier since 1990. Through the 1990s, Greek hovered in the 16,000s but in 2002 jumped to over 20,000. The net gain between 1998 and 2002 of 48 institutions reporting Greek perhaps accounts for this growth (see table 7a). The 2002 count for Latin is the highest in the history of the survey, showing a healthy jump after enrollments dropped during the mid and late 1990s from the previous high in 1990. Information gathered about the differences between the programs that reported in 1998 and those that reported in 2002 revealed some interesting trends. The data based only on responses from those institutions reporting in 1998 showed smaller increases generally than those reporting overall in 2002 (table 7b); in three languages there were decreases. This difference should not be taken as an indication of what the enrollment figures might have been if the response rate in 2002 had been the same as that in 1998 (97.4%). It is doubtful that a 2.2% increase in respondents would have changed the picture significantly. The comparison of the 1998 and 2002 institutional figures (table 7a) is particularly useful for explaining the enormous growth of ASL: the bulk of the increase occurred through the reporting of institutions that had not responded previously.

1990

1995

1998

2002

ASL enrollments rose from 1,602 in 1990 to 4,304 in 1995 and then to 11,420 in 1998, increases of 168.7% and 165.3%. Besides student interest, the increase recorded in 2002 also has to do with a change in the nature of our survey. For over thirty years we have elicited enrollment data on less commonly taught languages by requesting information about “other languages” rather than listing them individually on the survey form. Through the 1998 survey, ASL was in this category, but with the enrollments reported in that survey it joined the list of the more commonly taught languages, then numbering fifteen. As a result, in 2002 ASL was among the fifteen languages about which we explicitly requested information. Many institutions that had not reported their existing ASL programs in 1998 did so in this survey. If these institutions had previously reported their existing ASL enrollments, the remarkable growth in ASL in the current survey might have been more evenly spread out across the three surveys from the 1990s. But it is also notable that 187 new programs were created between 1998 and 2002 (see table 1 in appendix B) to meet growing demand. French, German, and Russian enrollment data from the 1998 respondents alone show decreases, while the overall enrollments in these languages were slightly up. For Arabic, Chinese, and Italian there is also a considerable rise in the number of institutions

16

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Figure 3a Enrollments in the Top Seven Modern Languages, Not Including Spanish, in Selected Years 228,813 388,096 248,361 275,328 272,472

French 205,351 199,064 201,979 146,116 216,263 126,910 121,022 133,348

German 96,263 89,020 91,100 11,142 30,359 34,791 40,945 49,699 43,760 49,287 63,899

Italian

*ASL

1,602 4,304 11,420 60,781

1,746 4,324 11,506 23,454 Japanese

45,717 44,723 43,141 52,238

1,844 5,061 11,366 16,891 19,490 26,471 28,456 34,153

Chinese

30,570 40,696 23,987 33,961 44,626 24,729 23,791 23,921

Russian

0

50,000

1960 100,000

1968

1980

150,000

*1960, 1968, 1980, 1986 figures for ASL not available.

200,000

1986

1990 250,000

1995 300,000

1998 350,000

2002 400,000

Elizabeth B. Welles

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Figure 3b Enrollments in Six Less Commonly Taught Languages in Selected Years 25,035 25,038 28,178

Latin

25,897 26,145 29,841 22,111 17,608 16,401 16,272 16,402

Ancient Greek

20,376 19,429 15,630 12,995 13,127

*Hebrew

15,833 22,802 3,387 3,417 3,475 4,444 5,505

Arabic

10,584 4,846 5,071 6,211 6,531 6,926

Portuguese

8,385 365 875 2,286 3,343 4,479 5,211

Korean

0

5,000

1980 10,000

*Modern and biblican Hebrew combined

1986 15,000

1990 20,000

1995

1998 25,000

2002 30,000

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Table 7a Comparison of Numbers of Institutions Reporting Undergraduate Enrollments in the Top Fifteen Foreign Languages in 1998 and 2002

Spanish French German Italian American Sign Language Japanese Chinese Latin Russian Ancient Greek Biblical Hebrew Arabic Modern Hebrew Portuguese Korean

1998

2002

Net Gain or Loss

2,166 1,668 1,192 531 116 683 416 526 497 518 194 157 150 143

2,279 1,701 1,163 606 552 696 489 561 441 566 226 233 163 175

113 33 –29 75 436 13 73 35 –56 48 32 76 13 32

76

91

15

Table 7b Language Enrollments in Fall 1998 and in Fall 2002 for Those Institutions Responding in 1998

Spanish French German Italian American Sign Language Japanese Chinese Latin Russian Ancient Greek Biblical Hebrew Arabic Modern Hebrew Portuguese Korean Total

reporting over 1998. Tables 1 and 2 of appendix B show that in undergraduate programs new offerings account for the gains notably in Arabic (74), ASL (as noted, 187), and Chinese (84). In most cases the number of new offerings since 1998 is larger than the number of programs no longer offered, except in Russian, where 59 programs were discontinued and 28 established, and in German, where 60 programs were discontinued and 39 established.

Less Commonly Taught Languages During the 1960s, languages we now call less commonly taught (LCTLs) were designated “critical” or “strategic” by government entities and the MLA. Before 1986, the seven most commonly taught languages in United States colleges and universities were Latin, ancient Greek, French, German, Italian, Russian, and Spanish. By the 1986 survey, however, Japanese became the seventh most commonly taught language, and by 1998 it had moved up to fifth place; it now stands in sixth place, behind American Sign Language. Chinese was the sixth most commonly taught language in 1995 and is now the seventh. Table 8 provides information about enrollment data by level of program (two-year, four-year, graduate) for

Percentage Change

1998

2002

656,590 199,064 89,020 49,287

710,347 191,996 86,545 58,774

8.2 –3.6 –2.8 19.2

11,420 43,141 28,456 26,145 23,791 16,402 9,099 5,505 6,734 6,926 4,479

13,486 48,258 30,701 27,006 22,438 17,520 10,212 7,720 7,179 7,057 4,730

18.1 11.9 7.9 3.3 –5.7 6.8 12.2 40.2 6.6 1.9 5.6

1,176,059

1,243,969

5.8

the 147 languages composing the other-languages category of tables 1, 2, and 6. (In table 8, of the 162 languages listed, 137 were taught in 1998, and 147 were taught in 2002.) There are 7.3% more languages in which students enrolled than were reported for 1998; 34 are indigenous to Europe, 38 to the Middle East or Africa, 41 to Asia or the Pacific and 34 to North or South America. Table 9 shows the proportion of enrollments for these different language groups. These numbers have not changed significantly since 1998, except for languages indigenous to Asia or the Pacific, of which 11 were added in 2002 to the 30 reported in 1998. Of these Asian languages, Vietnamese stands out as the largest gainer of the LCTLs with enrollments of 2,236, for a total increase of 148.7%. At the two-year level, Vietnamese went from 385 students in 1998 to 1,185 in 2002; at the four-year level, it grew from 491 to 1,003. Hindi also shows remarkable growth at 72.1%, up to 1,430 in 2002 from 831 in 1998. One LCTL of Middle Eastern origin—Aramaic, and one of African origin—Swahili, now have enrollments over 1,500 and appear to be gaining rapidly (Tables 8 and 10a). North and South American native languages have experienced considerable expansion since the previous survey, as shown in the enrollments for the leading sixteen of these languages in 2002 (table 10b).

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Table 8 Enrollments in 162 Less Commonly Taught Languages, 1998 and 2002

Language Afrikaans Akan Akkadian Albanian Alutiiq Amharic Anishinabe Apache Aramaic Arapahoe Armenian Assiniboine Assyro-Babylonian Athabaskan Aymara Bambara Basque Bemba Bengali Blackfoot Bulgarian Burmese Cambodian Cantonese Catalan Cebuano Chagatai Chamorro Cherokee Cheyenne Chichewa Chinese, Classical Choctaw Coptic Cree Croatian Crow Indian Czech Dakota/Lakota Danish Dari Deg Xinag Dutch Egyptian Eskimo Estonian Ethiopic Farsi

Status

+ +

– –

–

+

+ – + +

–

+

– +

Enrollments in Two-Year Colleges 1998 2002 0 0 0 0 0 0 0 0 0 4 80 5 0 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 28 0 0 0 0 0 0 0 0 5 46 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 6 20 36 112 318 12 0 0 0 0 0 0 0 41 0 0 0 47 0 0 0 0 7 0 0 0 0 0 0 0 55 1 17 0 28 0 0 0 0 0 0 20

Undergraduate Enrollments 1998 2002 72 13 9 1 1 7 0 0 1,071 0 233 0 3 10 1 28 5 1 31 0 7 31 0 39 6 0 0 0 147 0 0 31 83 0 1 1 5 159 286 145 0 7 260 13 46 6 2 0

13 5 24 10 10 12 18 0 1,261 0 278 0 0 14 0 10 46 0 50 0 17 46 5 128 31 7 0 11 111 1 0 56 63 2 0 15 0 291 589 189 13 9 357 16 99 13 0 64

Graduate Enrollments 1998 2002 0 0 93 0 0 0 0 0 59 0 12 0 1 0 1 0 0 0 4 0 4 3 0 0 3 0 2 0 0 0 2 1 0 3 0 0 4 30 2 6 0 0 28 39 0 2 1 0

A plus sign in the Status column signifies a new program; a minus sign signifies a discontinued program. No sign means that the program continues.

0 0 71 0 0 3 0 0 389 0 11 0 0 0 0 1 3 0 4 0 3 3 0 5 4 0 0 0 0 0 2 18 0 9 0 1 0 29 4 2 0 0 18 31 0 3 0 1

Total 1998

2002

72 13 102 1 1 7 0 0 1,130 4 325 5 4 10 2 28 5 1 35 40 11 34 0 39 9 0 2 0 175 0 2 32 83 3 1 1 9 194 334 151 0 7 288 52 46 8 3 0

13 5 95 10 10 15 24 20 1,686 112 607 12 0 14 0 11 49 0 54 41 20 49 5 180 35 7 0 11 118 1 2 74 63 11 0 16 55 321 610 191 41 9 375 47 99 16 0 85

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Table 8 (continued)

Language Finnish Fula Gaelic, Scottish Galician Georgian Greek, Modern Gujarati Gwich’in Haitian Creole Hausa Hawai‘ian Hindi Hindi-Urdu Hittite Hmong Hungarian Icelandic Igbo Ilocano Indonesian Inupiaq Iranian Irish Irish, Modern Irish, Old Japanese, Classical Kannada Kazakh Khmer Kikuyu Kiowa Koyukon Kutenai Latvian Lingala Lithuanian Luganda Macedonian Malay Malayalam Manchu Mandingo Maori Marathi Menominee Meru Mohawk Mongolian

Status

+

+

+ +

+

+

– +

–

Enrollments in Two-Year Colleges 1998 2002 2 0 0 0 0 19 0 0 0 0 645 0 0 0 2 0 0 0 0 0 0 0 13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13 0 0 0

6 0 0 0 0 11 0 0 0 0 667 0 0 0 89 0 0 0 0 0 24 0 0 0 0 0 0 0 0 0 0 0 20 0 0 0 0 0 0 0 0 0 0 0 13 0 0 0

Undergraduate Enrollments 1998 2002 103 0 47 0 0 553 32 0 116 36 1,344 767 417 0 13 53 2 0 171 177 22 77 252 0 35 0 2 1 14 0 49 7 0 12 35 37 9 0 1 28 1 0 18 6 0 1 16 4

151 0 4 0 1 736 20 18 121 38 1,014 1,374 393 0 194 97 12 9 91 180 27 92 659 8 0 8 2 8 20 0 77 6 0 8 78 54 13 1 1 20 0 1 25 0 0 0 29 27

Graduate Enrollments 1998 2002 9 0 3 6 1 74 1 2 8 7 18 64 31 8 0 5 0 0 0 46 0 3 13 0 13 0 0 0 0 0 0 0 0 0 0 14 0 5 1 0 6 0 0 0 0 0 0 2

A plus sign in the Status column signifies a new program; a minus sign signifies a discontinued program. No sign means that the program continues.

5 1 0 5 1 57 0 0 7 2 6 56 34 1 0 5 0 0 0 45 0 10 46 0 3 11 0 8 0 2 0 0 0 0 1 5 0 2 3 0 0 0 0 2 0 0 0 8

Total 1998

2002

114 0 50 6 1 646 33 2 124 43 2,007 831 448 8 15 58 2 0 171 223 22 80 278 0 48 0 2 1 14 0 49 7 0 12 35 51 9 5 2 28 7 0 18 6 13 1 16 6

162 1 4 5 2 804 20 18 128 40 1,687 1,430 427 1 283 102 12 9 91 225 51 102 705 8 3 19 2 16 20 2 77 6 20 8 79 59 13 3 4 20 0 1 25 2 13 0 29 35

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Table 8 (continued)

Language Muskogee (Creek) Nahuatl Navajo Ndebele, Zimbabwe Nepali Nez Perce Norse Norwegian Ojibwa Omaha Oromo Pali Papago Pashto Persian Pilipino Pima Polish Punjabi Quechua Romanian Sahaptin Salish Samoan Sanskrit Serbian Serbo-Croatian Setswana Shona Shoshoni Sinhala Sinhalese Slavic, Old Church Slovak Sumerian Swahili Swati Swedish Syriac Tagalog Tahitian Taiwanese Tamil Telugu Thai Tibetan Tibetan, Classical Tlingit

Status

– – +

– +

+ +

– +

– +

+

+

+

Enrollments in Two-Year Colleges 1998 2002 0 0 169 0 0 0 0 0 31 19 0 0 27 0 233 0 11 22 0 0 0 0 0 0 0 0 76 0 0 0 0 0 0 0 0 1 0 0 0 428 0 0 0 0 17 0 0 0

6 0 526 0 0 0 0 0 40 0 0 0 36 10 308 236 9 80 0 0 0 0 56 0 0 0 133 0 0 0 0 0 0 0 0 47 0 0 0 404 0 0 0 0 16 0 0 0

Undergraduate Enrollments 1998 2002 85 0 127 7 94 0 4 638 219 0 0 0 5 0 317 0 0 703 30 53 83 10 0 207 275 22 66 19 7 8 1 0 7 24 0 1,199 0 678 11 362 19 0 41 11 240 59 0 17

126 0 257 0 11 9 2 772 230 0 0 0 13 4 680 213 0 935 99 43 120 0 0 201 329 20 175 10 2 16 0 1 9 31 3 1,483 0 727 2 287 20 34 89 3 302 43 8 108

Graduate Enrollments 1998 2002 0 1 1 0 6 0 1 2 1 0 0 1 0 0 64 0 0 47 2 5 9 0 0 0 88 15 12 0 0 0 0 0 23 1 13 41 0 6 30 4 0 0 4 0 15 21 0 0

A plus sign in the Status column signifies a new program; a minus sign signifies a discontinued program. No sign means that the program continues.

0 0 0 0 0 0 9 5 0 0 1 11 0 0 129 0 0 38 0 8 6 0 0 0 158 16 34 0 2 0 0 0 0 5 19 63 2 9 29 2 0 13 25 0 12 35 20 0

Total 1998

2002

85 1 297 7 100 0 5 640 251 19 0 1 32 0 614 0 11 772 32 58 92 10 0 207 363 37 154 19 7 8 1 0 30 25 13 1,241 0 684 41 794 19 0 45 11 272 80 0 17

132 0 783 0 11 9 11 777 270 0 1 11 49 14 1,117 449 9 1,053 99 51 126 0 56 201 487 36 342 10 4 16 0 1 9 36 22 1,593 2 736 31 693 20 47 114 3 330 78 28 108

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Table 8 (continued)

Language Tonga Turkic Turkish Twi Ugaritic Uighur Ukrainian Urdu Uzbek Vietnamese Welsh Welsh, Early Wolof Xhosa Yaqui Yiddish Yoruba Yup’ik Zulu

Status

–

+ + –

Total Continued programs New programs Discontinued programs Total other languages

Enrollments in Two-Year Colleges 1998 2002

Undergraduate Enrollments 1998 2002

Graduate Enrollments 1998 2002

Total 1998

2002

0 0 15 0 0 0 0 0 0 385 0 0 0 0 12 0 0 0 0

0 0 13 0 0 0 0 0 7 1,185 0 0 0 0 0 0 0 0 0

33 15 166 33 0 1 34 22 0 491 16 0 43 0 0 324 64 55 63

43 15 240 75 0 0 107 140 5 1,003 30 2 73 34 0 414 76 10 70

0 0 37 1 33 1 6 13 4 23 1 0 0 0 0 14 5 0 5

0 6 61 4 14 0 19 12 11 48 2 4 1 0 0 24 0 0 2

33 15 218 34 33 2 40 35 4 899 17 0 43 0 12 338 69 55 68

43 21 314 79 14 0 126 152 23 2,236 32 6 74 34 0 438 76 10 72

2,348

4,662

14,227

19,257

1,196

1,797

17,771

25,716

122 25 15 162

A plus sign in the Status column signifies a new program; a minus sign signifies a discontinued program. No sign means that the program continues.

Table 9 Enrollments in Less Commonly Taught Languages, by Region of Origin, 1998 and 2002

Europe Middle East and Africa Asia and Pacific North and South America Total

Languages

1998 Enrollments

Percentage

Languages

2002 Enrollments

Percentage

32 39 30 37

4,126 5,353 4,477 3,815

23.2 30.1 25.2 21.5

34 38 41 34

6,636 6,373 7,996 4,711

25.8 24.8 31.1 18.3

138

17,771

100.0

147

25,716

100.0

Elizabeth B. Welles

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23

Table 10a Enrollments in Sixteen Leading Asian or Pacific Languages in Selected Years, with Percentage Change Language Vietnamese Hindi Tagalog Sanskrit Pilipino Hindi-Urdu Thai Hmong Indonesian Samoan Cantonese Urdu Tamil Punjabi Ilocano Tibetan Total Percentage change

1974

1980

1986

1990

1995

1998

2002

Change from 1998 to 2002 (%)

29 313 122 384 203 161 71 – 121 0 42 41 33 0 58 61

74 197 263 265 –0 76 80 – 127 18 36 23 25 0 17 56

175 300 88 250 132 101 108 – 156 56 111 49 36 1 28 50

327 306 146 251 196 125 192 13 222 69 83 90 35 8 72 75

1,010 694 680 377 –0 263 278 170 256 179 33 88 55 42 146 67

899 831 794 363 –0 448 272 15 223 207 39 35 45 32 171 80

2,236 1,430 693 487 449 427 330 283 225 201 180 152 114 99 91 78

148.7 72.1 –12.7 34.2 NA –4.7 21.3 1,786.7 0.9 –2.9 361.5 334.3 153.3 209.4 –46.8 –2.5

1,639 –

1,257 –23.3

1,641 30.5

2,210 34.7

4,338 96.3

4,454 2.7

7,475 67.8

Table 10b Enrollments in Sixteen Leading Native American Languages in Selected Years, with Percentage Change Language Hawai‘ian Navajo Dakota/Lakota Ojibwa Muskogee (Creek) Cherokee Arapahoe Tlingit Eskimo Kiowa Choctaw Salish Crow Indian Inupiaq Quechua Papago Total Percentage change

1974

1980

1986

1990

1995

1998

2002

Change from 1998 to 2002 (%)

570 587 112 95 20 15 0 0 0 0 12 0 0 30 29 15

610 225 109 84 0 29 0 5 0 0 0 0 16 0 23 0

441 273 168 184 0 22 15 0 0 0 0 0 14 32 17 0

913 186 158 231 0 57 15 0 0 0 8 0 21 48 37 5

1,890 832 465 321 0 73 9 0 0 0 0 0 38 0 41 39

2,007 297 334 251 85 175 4 17 46 49 83 0 9 22 58 32

1,687 783 610 270 132 118 112 108 99 77 63 56 55 51 51 49

–15.9 163.6 82.6 7.6 55.3 –32.6 2,700.0 535.3 115.2 57.1 –24.1 NA 511.1 131.8 –12.1 53.1

1,485 –

1,101 –25.9

1,166 5.9

1,679 44.0

3,708 120.8

3,469 –6.4

4,321 24.6

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Following national trends, enrollments dipped in 1980 and began to climb slowly through the rest of the decade: a 5.1% increase from 1980 to 1986; 48.2% from 1986 to 1990; and, much more steeply, 119.6% from 1990 to 1995. Despite a slight decline of –8.5% from 1995 to 1998, these languages have increased since 1998 by 24.6% and have almost tripled since 1974. Though it has lost some enrollments, Hawai‘ian still has the largest total enrollment (39%) of the top sixteen Native American languages taught; however Navajo and Dakota-Lakota made impressive gains of 163.6% and 82.6%, respectively. The 2002 statistics on enrollments in foreign languages in United States institutions of higher education show that trends established in previous surveys are continuing: Spanish is still the language chosen by most students who study languages and is becoming ever more significant in the undergraduate curriculum. While the number of students studying other languages is slightly less than half the total, these students are pursuing a greater variety of languages. Some of the more commonly taught languages—French, German, and Russian—do not enjoy the enrollments they did during the 1970s but now have become stable or have increased slightly. While the 17.0% increase in total language enrollments (table 1) is substantial,2 the proportion of modern foreign language (MFL) enrollments to every 100 institutional enrollments (table 4) has remained relatively constant over the years. The current proportion of 8.6 MFL enrollments per hundred institutional enrollments should be taken as a

good sign, not only because it is the highest since 1972 but also because the college population grew at a faster pace between the last two surveys than it had during the surveys of 1990, 1995, and 1998. The index of growth for institutional enrollments, showing increases in college student population since 1960, rose by 11.7% between 1990 and 1995, by 6.5% between 1995 and 1998, by 29.0% between 1998 and 2002. Considering that growth, the 0.7% increase in MFL enrollments per hundred institutional enrollments for the 2002 survey is significant: foreign language enrollments are keeping pace with and improving slightly in relation to the increase in the college student population.

Notes The author wishes to thank Michael Pisapia, the project research assistant who collected the data; Richard Brod, former MLA director of special projects and founding director of ADFL; and MLA staff members David Goldberg and Natalia Lusin. The author is particularly indebted to Natalia Lusin, who verified and corrected the data. 1 These figures are taken from the 2002 Digest of Educational Statistics, published by the National Center for Education Statistics. Projections for 2002 enrollments can be found at nces.ed.gov//pubs2002/proj2012/table_16.asp and nces.ed.gov// pubs2002/proj2012/table_18.asp. 2 This percentage gain is the largest since 1990. Gains and losses of total enrollments in previous years are: –1.4% in 1970, –9.2% in 1972, –6.2% in 1974, –1.4% in 1977, –0.9% in 1980, 4.5% in 1983, 3.9% in 1986, 18% in 1990, –3.8% in 1995, 4.8% in 1998.

Elizabeth B. Welles

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25

Appendix A Regional Comparison of 2002 Undergraduate Enrollments in Sixteen Leading Languages Language Spanish Percentage of national French Percentage of national German Percentage of national Italian Percentage of national American Sign Language Percentage of national Japanese Percentage of national Chinese Percentage of national Latin Percentage of national Russian Percentage of national Greek Percentage of national Biblical Hebrew Percentage of national Arabic Percentage of national Modern Hebrew Percentage of national Portuguese Percentage of national Korean Percentage of national Vietnamese Percentage of national

Northeast

Midwest

South Atlantic

South Central

Rocky Mountain

Pacific Coast

National (Total)

143,587 19.5 46,540 23.6 16,580 18.8 26,192 41.7 8,818 14.5 9,132 17.8 8,822 26.6 6,127 21.3 6,034 26.1 2,111 14.7 5,732 63.3 2,184 21.7 4,091 49.9 2,202 27.9 1,147 22.5 113 5.2

157,214 21.4 44,680 22.6 27,456 31.1 10,459 16.6 11,613 19.1 9,980 19.5 5,166 15.6 7,197 25.0 5,198 22.5 4,128 28.8 1,242 13.7 2,219 22.1 1,491 18.2 1,250 15.8 592 11.6 45 2.1

167,090 22.7 48,065 24.4 18,870 21.4 9,350 14.9 7,744 12.8 6,582 12.8 4,228 12.7 7,200 25.0 4,159 18.0 3,750 26.1 1,132 12.5 2,246 22.3 1,207 14.7 1,886 23.9 393 7.7 97 4.4

87,819 11.9 19,088 9.7 6,702 7.6 2,813 4.5 4,989 8.2 2,320 4.5 1,431 4.3 3,736 13.0 1,442 6.2 1,982 13.8 357 3.9 652 6.5 280 3.4 516 6.5 152 3.0 117 5.3

58,837 8.0 11,452 5.8 6,634 7.5 3,101 4.9 6,882 11.3 4,023 7.8 1,933 5.8 1,688 5.9 2,289 9.9 780 5.4 135 1.5 692 6.9 339 4.1 1,244 15.8 323 6.3 36 1.6

121,770 16.5 27,549 14.0 12,055 13.7 10,937 17.4 20,614 34.0 19,271 37.6 11,639 35.0 2,848 9.9 4,029 17.4 1,592 11.1 452 5.0 2,060 20.5 793 9.7 800 10.1 2,493 48.9 1,780 81.4

736,317 100.0 197,374 100.0 88,297 100.0 62,852 100.0 60,660 100.0 51,308 100.0 33,219 100.0 28,796 100.0 23,151 100.0 14,343 100.0 9,050 100.0 10,053 100.0 8,201 100.0 7,898 100.0 5,100 100.0 2,188 100.0

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Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002

Appendix B Status of Foreign Language Offerings at Institutions That Reported Undergraduate Enrollments in Fall 1998 or Fall 2002 but Not in Both Table B1 Institutions Reporting Enrollments in 2002 but Not in 1998 Language Spanish French German Italian American Sign Language Japanese Chinese Latin Russian Ancient Greek Biblical Hebrew Arabic Modern Hebrew Portuguese Korean

New Offerings since 1998

Language Available in 1998 but No Enrollments Reported

Status Not Reported

Total

38 49 39 49 187 67 84 25 28 20 20 74 13 35 11

36 70 50 40 24 22 24 62 24 48 33 12 7 13 10

145 83 38 37 240 25 20 21 13 49 38 17 15 8 4

219 202 127 126 451 114 128 108 65 117 91 103 35 56 25

Discontinued Offerings since 1998

Language Available in 2002 but No Enrollments Reported

Status Not Reported

Total

3 46 60 16 4 40 16 13 59 10 6 8 7 6 4

13 69 62 24 9 34 25 45 38 40 40 11 10 13 4

90 54 34 11 2 26 14 15 24 19 13 8 5 5 2

106 169 156 51 15 100 55 73 121 69 59 27 22 24 10

Table B2 Institutions Reporting Enrollments in 1998 but Not in 2002 Language Spanish French German Italian American Sign Language Japanese Chinese Latin Russian Ancient Greek Biblical Hebrew Arabic Modern Hebrew Portuguese Korean

Reasons for lack of enrollments include changes in student demand, lack of faculty availability, courses offered on a staggered schedule, or a combination of these reasons. This category includes languages listed in the course catalogue but having no reported enrollments. The New Offerings column is for languages newly listed and offered at an institution since 1998. The Discontinued Offerings column is for languages that are no longer listed in the catalog, though they were available in 1998.

CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing OPPOSER'S MOTION FOR SUMMARY JUDGMENT, DECLARATION OF PETER H. JOHNSON IN SUPPORT OF OPPOSER'S MOTION FOR SUMMARY JUDGMENT, and DECLARATION OF BRENNAN C. SWAIN IN SUPPORT OF OPPOSER'S MOTION FOR SUMMARY JUDGMENT, have been sent by U.S. mail to the attorney of record for Applicant: Jose Gutman Fleit, Gibbons, Gutman, Bongini, PL 551 N.W. 77th Street Boca Raton, FL 33487

Dated: January 28, 2009

__________________________________ Michelle Boothby

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