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A right to discriminate? : how the case of Boy Scouts of America v. James Dale warped the law of free association / Andrew Koppelman ; with Tobias Barrington Wolff.
- Format:
- Book
- Author/Creator:
- Koppelman, Andrew.
- Language:
- English
- Subjects (All):
- Dale, James--Trials, litigation, etc.
- Dale, James.
- Boy Scouts of America--Trials, litigation, etc.
- Boy Scouts of America.
- Freedom of association--United States.
- Freedom of association.
- Discrimination--Law and legislation--United States.
- Discrimination.
- Associations, institutions, etc--Law and legislation--United States.
- Associations, institutions, etc.
- Boy Scouts--Legal status, laws, etc--United States.
- Boy Scouts.
- Gay people--Legal status, laws, etc--United States.
- Gay people.
- Federal aid to higher education--United States.
- Federal aid to higher education.
- Physical Description:
- 1 online resource (193 p.)
- Edition:
- 1st ed.
- Place of Publication:
- New Haven : Yale University Press, c2009.
- Language Note:
- English
- Summary:
- 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.
- Contents:
- Origins of the right to exclude
- Signs of the times : the Dale opinion
- The Solomon amendment litigation and other consequences of Dale
- The neolibertarian proposal
- Is the BSA being as bad as racists? : judging the BSA's antigay policy
- Why regulate the BSA?
- Notes:
- Description based upon print version of record.
- Includes bibliographical references (p. 121-168) and index.
- ISBN:
- 1-282-35331-4
- 9786612353314
- 0-300-15592-1
- OCLC:
- 586098209
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