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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
Koppelman, Andrew (Book - 2009 )
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A Right to Discriminate?
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Yale University

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.



Authors: Koppelman, Andrew
Statement of Responsibility: Andrew Koppelman ; with Tobias Barrington Wolff
Title: A right to discriminate?
how the case of Boy Scouts of America v. James Dale warped the law of free association
Publisher: New Haven : Yale University Press, c2009
Characteristics: xiv, 178 p. ; 22 cm.
Bibliography: Includes bibliographical references (p. 121-168) and index
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?
Subject Headings: Freedom of association United States Discrimination Law and legislation United States Associations, institutions, etc. Law and legislation United States Boy Scouts Legal status, laws, etc. United States Gays Legal status, laws, etc. United States Boy Scouts of America Trials, litigation, etc Dale, James Trials, litigation, etc Federal aid to higher education United States
Topical Term: Freedom of association
Discrimination
Associations, institutions, etc
Boy Scouts
Gays
Federal aid to higher education
Additional Contributors: Wolff, Tobias Barrington
LCCN: 2008051621
ISBN: 9780300121278
030012127X
Branch Call Number: 342.7308 K
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Koppelman, Andrew
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