Scalia’s Constitution [electronic resource] : Essays on Law and Education /
Peterson, Paul E.editor.
McConnell, Michael W.editor.
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.
Includes bibliographical references at the end of each chapters and index.
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.
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.
United States—Politics and government.
Educational policy.
Education and state.
Constitutional law.
Political philosophy.
Cultural policy.
US Politics.
Educational Policy and Politics.
Constitutional Law.
Political Philosophy.
Cultural Policy and Politics.