Thursday, May 16, 2013

Recent scholarship

LegalwriteAaron Saiger (Fordham Law) has posted Charter Schools, the Establishment Clause, and the Neoliberal Turn in Public Education on SSRN (Cardozo Law Review, forthcoming). Saiger is not optimistic about states' abilities to control how much public money goes to religious charter schools, writing that "[p]ractical and constitutional constraints upon the regulatory tools that the neoliberal paradigm makes available to states — rulemaking and exercising bureaucratic discretion when approving and renewing charters — ensure that efforts to abolish religion in charters will enjoy only partial success."

Promoting Language Access in the Legal Academy, recently posted on SSRN, discusses innovations and best practices about language access in the legal academy. Building on research and the ABA’s 2012 Standards for Language Access in Courts, the authors outline ways to include language access in the law school curriculum and suggest bilingual instruction as a language access strategy. The authors also describe how law schools can expand the pipeline into the interpreter professions by training and deploying bilingual college students as community interpreters. The article by Gillian Dutton (Seattle University School of Law), Beth Lyon (Villanova University School of Law), Jayesh Rathod (American University - Washington College of Law), and Deborah M. Weissman (University of North Carolina School of Law), will be in the University of Maryland Law Journal of Race, Religion, Gender and Class, forthcoming.

Sara Solow and Barry Friedman (NYU Law) advocate changing the ways law professors teach and discuss constitutional interpretation in their article, How to Talk About the Constitution (Yale Journal of Law & the Humanities, 2013). This article would normally seem more appropriate for our colleagues at Constitutional Law Prof Blog, but is helpful for education law scholars because the authoris illustrate their constitutional interpretation model by making a case for a federal right to a minimally-adequate education.

Speaking of Constitutional Law Prof -- they have a detailed breakdown of why the Louisiana Supreme Court struck down the state's school voucher funding scheme this week. Read more at Constitutional Law Prof Blog.

Know of other recent education law scholarship that we should share? Please send us a link.

-ld

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