A right to discriminate? : how the case of Boy Scouts of America v. James Dale warped the law of free association

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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

Yale University Press, c2009

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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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