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Is there a constitutional right to literacy?

An interesting class action lawsuit was filed in Michigan this week. Essentially, it claims the approximately 1,000 students in the Highland Park School District have been denied the right to a basic and adequate education because the school system has failed to ensure that students are reading at grade level as required by state law. It also raises the interesting question of whether that failure violates the Michigan Constitution.

In announcing the law suit, the ACLU of Michigan said the lawsuit asserts “a child’s fundamental right to read. The capacity to learn is deeply rooted in the ability to achieve literacy. A child who cannot read will be disenfranchised in our society and economy for a lifetime.” According to the lengthy complaint, two-thirds of all students in the Highland Park School District do not meet state reading proficiency standards. The school district, which is 99.6% African American, is among the lowest achieving districts in the nation.

The constitutional issue arises because the Michigan Constitution provides that “schools and the means of education shall forever be encouraged” and requires the state legislature to “maintain and support” a system of free public elementary and secondary schools. The lawsuit says the Michigan Legislature’s adoption of a so-called “right to read” statute requiring certain levels of reading proficiency and special assistance if they are not met is part of what implements that constitutional mandate. It will be interesting to see if such language can be read viewed to create what is essentially a concomitant constitutional right to literacy.

Could such a claim succeed here? The South Dakota Constitution might actually provide a stronger basis for such an argument. It not only requires the legislature to establish and maintain free public schools but “to adopt all suitable means to secure to the people the advantages and opportunities of education.” In its school funding decision last year, the Supreme Court said the children of South Dakota have “a constitutional right to an education that provides them with the opportunity to prepare for their future roles as citizens, participants in the political system, and competitors both economically and intellectually.” (Emphasis in original.) It also recognized that educational results factor into a system’s constitutionality.

As in the class action lawsuit, recognition of a right to literacy would have to come in cases against particular school districts. Thus, while the evidence in the school funding case showed some school districts had high rates of students not proficient in reading, on a statewide basis, 84% of all children were proficient or advanced in reading. Still, the ultimate question is intriguing. Does the right to an education have an inherent, concomitant right to literacy?


The causes of these deficiencies [in literacy] … perpetuate a cruel hoax on children[.]

Complaint, S.S. v. State of Michigan

Weekend Edition: 7-14

Bulletin Board

Interesting Reading in the Interweb Tubes

  • What Can Happen to You When You Read (“The other thing that happens when you’re a reader is that your hunger to read more is voracious.”)
  • The Insidious Legacy of the “Andy Griffith Show” Theme (“What’s insidious about both TV themes is the efficiency with which they turn jazz into jingles and how, through the effect of endless repetition—show after show, week after week, year after year—they deaden the listener’s ears to the value of the music’s sources.”) (via)

Bookish Linkage

Nonbookish Linkage


Contrary to [Lance] Armstrong’s apparent belief, pleadings filed in the United States District Courts are not press
releases, internet blogs, or pieces of investigative journalism.

U.S. District Judge Sam Sparks, Armstrong v. Tygart, July 9, 2012

A personal challenge to read the world

I gave up on book challenges a year or so ago. Part of it stemmed from the fact that, as I’ve said earlier this year, I want to read what I want to read when I feel like reading it. While I still let a few book reviews impact that, I’ve stuck pretty close to the course. Last week, though, I heard about a project by Ann Morgan.

A British journalist, Morgan decided to celebrate the 2012 London Olympics in a unique fashion. She is halfway through reading her way through as many of the world’s 196 independent countries as she can. Perhaps as impressive, she is trying to do it in one year.

I’m surprised I hadn’t heard of her effort before but it has kind of inspired me. Anyone who reads this blog knows I am a fan of translated literature. So I’m going to attempt something similar — but I’m going to make it easier. First, I’m not going to put time constraints on it. Second, I’m not going to do every nation. Currently, my thought is the 100 most populous nations, excluding the U.S., Great Britain and Russia because I’ve read plenty from those countries. Finally, I’m going to include books I’ve read in the last five years, which is about when my translated literature kick began.

I’m sure I will face many of the questions Morgan has. Does the book have to be written in the country’s native language? For example, although Nobel Prize winner Herta Müller’s fiction deals with her native Romania, she writes in German. (Morgan counts one of her books as Romanian.) What if the author is a native of the country but the story isn’t about or set it the country? (For me it will be.) Is it enough that the story is about that country? A case in point: The Kite Runner is written by someone born in Afghanistan and is set in part there but was written in English in the U.S. (Morgan lists it for Afghanistan.)

I’m not too concerned about finding books, though. In addition to the list Morgan has compiled, there’s Lonely Planet’s tremendous The Travel Book: A Journey Through Every Country in the World, as well as a “Book Lust” release by Nancy Pearl about two years ago.

I’m sure the boundaries will ebb and flow as the project progresses. I don’t know to what extent I’ll review or blog about any of the books but I will have a separate page on the blog devoted to my progress.


What is really best in any book is translatable.

Ralph Waldo Emerson, “Books,” Society and Solitude

Book Review: The Investigation by Phillipe Claudel

Kafkaesque. It’s one of a handful of literary terms that is really overworked. But I challenge anyone to read Phillipe Claudel’s The Investigation without that word coming to mind. Ultimately, though, Claudel adds a surrealistic resolution that may baffle readers.

Claudel’s book tells of the Investigator, sent to an unnamed city to investigate a series of suicides among workers at the Enterprise, a huge company that produces products that cover the range of human activities. The Investigator finds himself in an at times absurd and bizarre locale, where almost nothing is at it seems and bureaucracy takes precedence over common sense. There seems to be little rhyme or reason to the streets; they are maze-like but all seem to abut some aspect of the Enterprise. The streets and sidewalks are empty at night but are jam-packed during the day. Given Room 14 at a hotel, the room is located on the ninth floor. When moved to Room 93 the next night, it is on the second floor.

As in Kafka’s short story “In the Penal Colony,” the characters are all referred to by their role. In addition to the Investigator, there are the Waiter, the Manager, the Policeman and the Guide, among others. He has little luck even finding the people necessary for him to begin his investigation and his first full day in the city is filled with nothing but frustration and roadblocks. By the next day, however, the attitudes and personalities of those he encounters change.

The setting, and to some extent the tone, differentiate the book from Claudel’s previous novels. By a Slow River, released in the U.S. in 2006, is more of a period piece. Claudel says the story of three mysterious deaths in a French village during World War I was inspired by John Everett Millais’ painting “Ophelia,” of a young woman floating in a river just before she drowns. The award-winning Brodeck, released in the U.S. in 2009, is an engrossing story of a man who returns to his village after being in a concentration camp and is assigned to document what led to the village’s murder of a stranger who arrives in the village shortly thereafter. (It was one of the best books I read in 2010.) While both are fine prose, the language of The Investigation, translated by John Cullen (who also translated Brodeck), seems more florid and intentional.

Yet there is a commonality among the books — a bent toward examining both alienation and what makes us human. The Investigator’s experiences clearly make him an outsider, someone so far outside that he is baffled by the Enterprise and the town. Do we simply fulfill a role assigned us in life? Are we defined by our function? The Investigator confronts these questions as well as the framework of his reality as he struggles to do his job and grasp his situation.

Yet the book’s ultimate discussion of such issues descends too deeply into surrealism. If By a Slow River was inspired by “Ophelia,” The Investigation could be analogized to two surrealist artists. The majority of the book seems akin to the works of René Magritte, who tended to place realistic, ordinary objects in unusual contexts. The last 30 pages or so, though, invokes the hallucinatory nature of some of the works of Salvador Dalí. Granted, surrealism is an element of the Kafkaesque. Here, however, the striking contrast created by the last portion of the book throws a well-constructed work out of balance and overwhelms both the reader and the story.


There was, alas, only one reality, and he was stuck in it up to the neck.

Phillipe Claudel, The Investigation

Weekend Edition: 7-7

Interesting Reading in the Interweb Tubes

  • Thank you for killing my novel (“This may be the most sadistic moment of belated fact-checking in the history of mankind. The New York Times, the paper of record, had written a fictitious character to verify a fact.”) (via)
  • America’s Move to the Right (“…that so many Liberals robustly celebrated when the [health care bill] prevailed in court indicates at least two things: First, the partisan divide has become so deep that Americans loyal to this or that party or ideology will seemingly celebrate any victory, even those that do not actually reflect their values. Second is just how far to the right this nation has swung over the last quarter-century.”)

Blog Headline of the Week

Bookish Linkage

Nonbookish Linkage

Odd Legal Links

  • A bus driver convicted of groping three girls and two women at a high school volleyball game told the sentencing judge too much caffeine caused a psychotic episode.

I guess they can’t revoke your soul for trying

Grateful Dead, “Truckin'”, American Beauty