Aaron 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 howmuch public money goes to religious charter schools, writing that “[p]racticaland constitutional constraints upon the regulatory tools that the neoliberalparadigm makes available to states — rulemaking and exercising bureaucraticdiscretion when approving and renewing charters — ensure that efforts toabolish religion in charters will enjoy only partial success.”
Promoting Language Access in the Legal Academy, recently postedon SSRN, discusses innovations and best practices about languageaccess in the legal academy. Building on research and the ABA’s 2012Standards for Language Access in Courts, the authors outline ways to includelanguage access in the law school curriculum and suggest bilingual instructionas a language access strategy. The authors also describe how law schools canexpand the pipeline into the interpreter professions by training and deployingbilingual college students as community interpreters. The article by GillianDutton (Seattle University School of Law), Beth Lyon (Villanova UniversitySchool of Law), Jayesh Rathod (American University – Washington College ofLaw), and Deborah M. Weissman (University of North Carolina School of Law),will be in the University of Maryland Law Journal of Race, Religion, Gender andClass, forthcoming.
Sara Solow and Barry Friedman (NYU Law) advocate changingthe ways law professors teach and discuss constitutional interpretation intheir article, How to Talk About the Constitution (Yale Journal of Law &the Humanities, 2013). This article would normally seem more appropriatefor 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 federalright 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.
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