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How the Case of Boy Scouts of America V. James Dale Warped the Law of Free Association
出版Yale University Press, 2009-07-28
主題Law / DiscriminationLaw / Civil Law
ISBN97803001559210300155921
URLhttp://books.google.com.hk/books?id=mO0OFIOPZ2gC&hl=&source=gbs_api
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註釋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.