Law Commons^™

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Faculty Journal Articles and Book Chapters

In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts …

Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter

Faculty Journal Articles and Book Chapters

This essay attempts to reclaim the freedom of expressive association from both its harshest critics and its most ardent libertarian cheerleaders, arguing that The Boy Scouts of America v. Dale will not have the revolutionary consequences either camp predicts.

Part I sketches the significance of the freedom of association to the protection of dissenting opinion, with an emphasis on gay experience.

Part II notes the increasing conflict between the freedom of expressive association and the expanding reach of antidiscrimination law. The challenge is to draw a line between them that will preserve a large realm for group expression and organization …

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.