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Palgrave Macmillan
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Scalia’s Constitution

Essays on Law and Education

  • Book
  • © 2018

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)

  1. Scalia on Education

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

“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)

Editors and Affiliations

  • Department of Government, Harvard University, Cambridge, USA

    Paul E. Peterson

  • Constitutional Law Center, Stanford University, Stanford, USA

    Michael W. McConnell

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

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