A Right to Discriminate?
How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
1st Edition
Published on 28. July 2009
192 pages
978-0-300-15592-1 (ISBN)
Description
Should the Boy Scouts of America and other noncommercial associations have a right to discriminate when selecting their members?Does the state have a legitimate interest in regulating the membership practices of private associations? These questions-- raised by Boy Scouts of America v. Dale, in which the Supreme Court ruled that the Scouts had a right to expel gay members-- are at the core of this provocative book, an in-depth exploration of the tension between freedom of association and antidiscrimination law.The book demonstrates that the right to discriminate has a long and unpleasant history. Andrew Koppelman and Tobias Wolff bring together legal history, constitutional theory, and political philosophy to analyze how the law ought to deal with discriminatory private organizations.
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Tobias Barrington Wolff | Andrew Koppelman
A Right to Discriminate?
How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
Book
08/2009
Yale University Press
€52.00
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Content
- Intro
- Contents
- Acknowledgments
- Introduction
- 1 Origins of the Right to Exclude
- 2 Signs of the Times: The Dale Opinion
- 3 The Solomon Amendment Litigation and Other Consequences of Dale
- 4 The Neolibertarian Proposal
- 5 Is the BSA Being as Bad as Racists?: Judging the BSA's Antigay Policy
- 6 Why Regulate the BSA?
- Notes
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
- Y
