Overview
Provides the first examination of Antonin Scalia's education-related court opinions
Features multiple disciplinary takes on Scalia’s use of “original intent” doctrine to resolve constitutional issues bearing on race, religion, and gender laws and practices
Presents critiques of and apologies for Scalia's approach by highly regarded legal scholars, philosophers, and political scientists
Includes supplementary material: sn.pub/extras
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Table of contents (8 chapters)
Keywords
About this book
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.
Reviews
Editors and Affiliations
About the editors
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.
Bibliographic Information
Book Title: Scalia’s Constitution
Book Subtitle: Essays on Law and Education
Editors: Paul E. Peterson, Michael W. McConnell
DOI: https://doi.org/10.1007/978-3-319-58931-2
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2018
Hardcover ISBN: 978-3-319-58930-5Published: 06 September 2017
Softcover ISBN: 978-3-319-86512-6Published: 10 August 2018
eBook ISBN: 978-3-319-58931-2Published: 24 August 2017
Edition Number: 1
Number of Pages: XII, 151
Topics: US Politics, Educational Policy and Politics, Constitutional Law, Political Philosophy, Cultural Policy and Politics