This book explores the application of Scalias textualism and originalism to education law and reflects upon Scalias teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalias constitutional approach, but thinking about schools requires attention to political fundamentalsfreedom 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 Scalias approach.
1. Introduction: Scalia on Education Law, Philosophy, and Pedagogy.- 2. Scalias Rugged Originalism.- 3. Justice Scalias Unoriginal Approach to Race and Gender in Education.- 4. Scalias Dilemmas as a Conservative Jurist.- 6. Beyond Original Meaning: The Task of Interpretation.- 7. Trust Me, Im an Expert: Scientific and Legal Expertise in Scalias Jurisprudence.- 8. Scalias Teaching Methods and Message. Edited by a distinguished constitutional law scholar and a distinguished scholar of public education & . these essays provide an excellent window into Scalias jurisprudence. If a reader wants to understand what is distinctive about Sclaias 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)
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).
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