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Scalia’s Constitution: Essays on Law and Education

Editat de Paul E. Peterson, Michael W. McConnell
en Limba Engleză Hardback – 6 sep 2017
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.
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Specificații

ISBN-13: 9783319589305
ISBN-10: 331958930X
Pagini: 172
Ilustrații: XII, 151 p.
Dimensiuni: 148 x 210 mm
Greutate: 3.19 kg
Ediția:1st ed. 2018
Editura: Springer International Publishing
Colecția Palgrave Macmillan
Locul publicării:Cham, Switzerland

Cuprins

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.

Recenzii

“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)

Notă biografică

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.

Textul de pe ultima copertă

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.

Caracteristici

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