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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.
- Sales Rank: #1524145 in Books
- Published on: 2009-07-07
- Original language: English
- Number of items: 1
- Dimensions: 8.30" h x .90" w x 5.70" l, .75 pounds
- Binding: Hardcover
- 192 pages
- ISBN13: 9780300121278
- Condition: New
- Notes: BRAND NEW FROM PUBLISHER! 100% Satisfaction Guarantee. Tracking provided on most orders. Buy with Confidence! Millions of books sold!
Review
“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. Richards, Edwin D. Webb Professor of Law, New York University
(David AJ Richards)
"A short and sharp critique of broad constitutional protection for the association rights of non-profit organizations. The best extant defense of government intervention into the membership policies of organizations like the Boy Scouts of America."—David E Bernstein, Professor, George Mason University School of Law and author, You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws
(David E Bernstein)
“Andrew Koppelman and Tobias Wolff demolish the reasoning behind the Supreme Court decision holding that the Boy Scouts have a constitutional right to discriminate against gays—and also give us an incisive, subtle analysis of freedom of association.”—David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, The University of Chicago Law School
(David A. Strauss)
About the Author
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.
Most helpful customer reviews
6 of 10 people found the following review helpful.
Well written, but not convincing
By 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 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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