Yale Law professor Justin Driver joins Head of School Dr. John Austin to explore how the Supreme Court has shaped American education, from Brown to landmark rulings on student speech. Drawing on his two books, Driver traces his path in constitutional law and argues for renewed civic education. This conversation discusses the origins of educational law to the unresolved legal questions posed by smartphones, social media, and AI in the classroom.
0:00 - Introduction
2:10 - Prof. Driver’s Background
4:36 - Importance of teachers in Driver’s Life
6:41 - Supreme Court Clerkship
12:56 - Where does educational law come from?
17:09 - The Renewal of Civic Education
20:00 - Student Centered Civic Education vs. Traditional Civics Education
24:39 - SCOTUS Common Ground on Education Cases
25:36 - Corporal Punishment in Schools
28:27 - Mahanoy Area School District v. Brandi Levy
31:31 - What does the “schoolhouse gate” mean in the context of the internet?
33:11 - Technology Bans and Infringement of Speech Rights
36:01 - Technology Policy in Classroom
37:40 - How is AI impacting the legal profession and education?
39:54 - John McPhee’s Work
42:05 - Legal Writers Prof. Driver Admires
43:15 - What are you working on right now?