The effects of bilingual education and programs for students who are not native speakers of English have not been researched thoroughly enough to provide sufficient, accurate, and meaningful evidence that will support litigation. Accordingly, this paper provides a historical review of the role of litigation in obtaining educational equity for language minority students, and explores the issues and concerns that should be subjects of research in the future if educational equity for these students is to be adequately protected or enhanced in the courts. Also discussed is the socio-political context in which bilingual education litigation has evolved. Past bilingual education research is analyzed and criticized. (PGD)