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This book explores the application of Scalia's textualism and originalism to education law and reflects upon Scalia's teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalia's constitutional approach, but thinking about schools requires attention to political fundamentals-freedom of speech, free exercise of religion, equality of opportunity, federalism, and the proper role of the expert. Legal scholars, philosophers, and political scientists provide both critiques and apologies for Scalia's approach.
List of contents
1. Introduction: Scalia on Education Law, Philosophy, and Pedagogy.- 2. Scalia's Rugged Originalism.- 3. Justice Scalia's Unoriginal Approach to Race and Gender in Education.- 4. Scalia's Dilemmas as a Conservative Jurist.- 6. Beyond Original Meaning: The Task of Interpretation.- 7. Trust Me, I'm an Expert: Scientific and Legal Expertise in Scalia's Jurisprudence.- 8. Scalia's Teaching Methods and Message.
About the author
Paul E. Peterson is Henry Lee Shattuck Professor of Government in the Department of Government at Harvard University and directs the Harvard Program on Education Policy and Governance, and is a Senior Fellow at the Hoover Institution at Stanford University. He is the author of Saving Schools: From Horace Mann to Virtual Learning (2010).
Michael W. McConnell is Richard and Frances Mallery Professor and Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and the founding.
Summary
This book explores the application of Scalia’s textualism and originalism to education law and reflects upon Scalia’s teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalia’s constitutional approach, but thinking about schools requires attention to political fundamentals—freedom of speech, free exercise of religion, equality of opportunity, federalism, and the proper role of the expert. Legal scholars, philosophers, and political scientists provide both critiques and apologies for Scalia’s approach.
Additional text
“Edited by a distinguished constitutional law scholar and a distinguished scholar of public education … . these essays provide an excellent window into Scalia’s jurisprudence. If a reader wants to understand what is distinctive about Sclaia’s jurisprudence and why he is controversial, this short book is an excellent introduction. It is ideal for students of the Supreme Court and general readers who want an introduction to the intellectual currents swirling on the current Supreme Court.” (M. M. Feeley, Choice, Vol. 56 (1), September, 2018)
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"Edited by a distinguished constitutional law scholar and a distinguished scholar of public education ... . these essays provide an excellent window into Scalia's jurisprudence. If a reader wants to understand what is distinctive about Sclaia's jurisprudence and why he is controversial, this short book is an excellent introduction. It is ideal for students of the Supreme Court and general readers who want an introduction to the intellectual currents swirling on the current Supreme Court." (M. M. Feeley, Choice, Vol. 56 (1), September, 2018)
