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Full-Text Articles in Law
Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter
Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This Essay has two major components. First, in Parts I and II, I describe and critique the Court's opinion in Dale, beginning with an examination of the social origins of scouting, then proceeding to an analysis of Dale. Second, in Parts III and IV, I place the questions raised in Dale in another context in which they belong but are seldom analyzed, that of the jurisprudence of public accommodations laws . . . In conclusion, I join the two major themes by framing Dale's claim as the latest in a series of cases that have invoked an evolving understanding of …
Expressive Identity: Recuperating Dissent For Equality, Nan D. Hunter
Expressive Identity: Recuperating Dissent For Equality, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
Constitutional law has made a mess of the relationship between expression and equality. Much of the time, the two claims exist in sharp conflict, as in recent Supreme Court cases involving hate speech' and the effort by a gay and lesbian group to march in a St. Patrick's Day parade. In those cases, equality claims collided head-on with defenses based on a First Amendment right to express anti-equality values. In other instances, such as debates about whether viewpoint diversity can serve as a justification for affirmative action, or whether race-conscious redistricting can serve as a proxy for political interests under …
Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole
Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole
Georgetown Law Faculty Publications and Other Works
Part I will sketch the current contours of the right of association, a right limited to "expressive" and "intimate" association, and will describe the government's attempts to extend this categorical approach by limiting associational protection still further to membership per se. Part II will argue that the Court's limitation of associational rights to expressive and intimate associations and the government's attempt to distinguish association from conduct are unworkable, inconsistent with the Court's own precedents, and fail to reflect the normative reasons for protecting the right of association. Part III will offer an alternative framework for addressing the right of association, …