Read A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association by Andrew Koppelman, Prof. Tobias Barrington Wolff Online
# A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association ✓ PDF Download by ^ Andrew Koppelman, Prof. Tobias Barrington Wolff eBook or Kindle ePUB Online free. A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association 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.. 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 lo
| Title | : | A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association |
| Author | : | |
| Rating | : | 4.12 (906 Votes) |
| Asin | : | 030012127X |
| Format Type | : | paperback |
| Number of Pages | : | 192 Pages |
| Publish Date | : | 2017-03-11 |
| Language | : | English |
Well written, but not convincing Philip Dinanzio This book is a critique of the Supreme Court Case BOY SCOUTS v DALE, which allowed the Boy Scouts to be free of Anti-Discrimination laws, when they barred a homosexual scoutmaster from membership. The court reasoned that as a private organization they were not subject to public accomodation laws.His reasoning is that since the common law forbade common carriers to deny service to the public, the court had no business overturning this concept. He compares this libertarian reasoning as akin to segregation statutes which required discrimination. This is a non-sequitor; these are two differen
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.. 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. 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
Webb Professor of Law, New York University. Richards, Edwin D. “In this important, sensible, and brilliantly argued book, Koppelman and Wolff cogently question, as incoherent law and bad policy, the view of our Supreme Court that a nonsectarian, noncommercial group, the Boy Scouts, have a constitutional right to discriminate, hobbling reasonable legislative efforts to protect vulnerable gay youth from the sometimes deadly ravages of homophobic prejudice.”—David A.J
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