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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 ePub download

by Tobias Barrington Wolff,Andrew Koppelman

  • Author: Tobias Barrington Wolff,Andrew Koppelman
  • ISBN: 030012127X
  • ISBN13: 978-0300121278
  • ePub: 1255 kb | FB2: 1589 kb
  • Language: English
  • Category: Constitutional Law
  • Publisher: Yale University Press (July 7, 2009)
  • Pages: 192
  • Rating: 4.5/5
  • Votes: 670
  • Format: doc txt lrf txt
A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association ePub download

Tobias Barrington Wolff is professor of law, University of Pennsylvania Law School.

Tobias Barrington Wolff is professor of law, University of Pennsylvania Law School. 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.

Andrew Koppelman and Tobias Wolff bring together legal history, constitutional theory, and political philosophy to analyze how the law ought to deal with .

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. 118+ million publications.

A Right to Discriminate? book. 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?

Andrew Koppelman and Tobias Wolff bring together legal history, constitutional . Andrew Koppelman is John Paul Stevens Professor of Law and professor of political science at Northwestern University School of Law. He lives in Evanston, IL. Tobias Barrington Wolff is professor of law, University of Pennsylvania Law School. He lives in Philadelphia.

Boy Scouts of America et al. v. Dale, 530 . 640 (2000), was a case of the Supreme Court of the United States, decided on June 28, 2000, that held that the constitutional right to freedom of association allowed the Boy Scouts of America (BSA) to exclude a homosexual person from membership in spite of a state law requiring equal treatment of homosexuals in public accommodations.

How the Case of Boy Scouts of America V. James Dale Warped the Law of Free Association. by Tobias Barrington Wolff and Andrew Koppelman.

Tobias Barrington Wolff, Andrew Koppelman. Should the Boy Scouts of America and other noncommercial associations have a right to discriminate when selecting their members?

Tobias Barrington Wolff, Andrew Koppelman

Andrew Koppelman with Tobias Barrington Wolff

Publication, Distribution, et. New Haven. Yale University Press, (c)2009. Download 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. leave here couple of words about this book: Tags: Christian poetry English. Download book 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.

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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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 different concepts. No libertarian ever supported segregation statutes. However, the common law also restricted the rights of women to property, defering decisions to husband or father. The common law also allowed debtor's prisons. There were other legal restrictions that libertarians also opposed that I'm sure the author would not defend. So why defend this one?

Many of his arguments are mere assertions. For example, to exempt private concerns from government regulation in the name of individual rights, could mean the end of government controls!! It would validate the Lochner decision (which many scholars maintain this was a correctly decided case). He also states that without government being able to regulate private concerns, the economy would collapse!! This is asserted in contradiction to most empirical evidence which shows that the more controls, the worse the economy becomes (North vs. South Korea).

He states that the Boy Scouts are a monopoly, because the have a property interest in their name and symbols. This requires regulation. Why? The author has a property interest in his name and reputation. He gains from copyright laws for his writings. He is protected from plagiarism and libel. Should the government regulate his beliefs and private conduct?

This book is well written, but will only convince those who share its (many) unsupported premises. I remain unconvinced.
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