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.
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.
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.