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"This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history--abolitionism, women's suffrage, the labor and civil rights movements--courts now prefer to speak about the freedoms of association and speech. But the right of "expressive association" undermines protections for...
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"As Americans, we cherish the freedom to associate. However, with the freedom to associate comes the right to exclude those who do not share our values and goals. What happens when the freedom of association collides with the equally cherished principle that every individual should be free from invidious discrimination? This is precisely the question posed in Boy Scouts of America v. James Dale, a lawsuit that made its way through the courts over...
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In the case Boy Scouts of America v. Dale, the Supreme Court ruled that the Scouts had a right to expel gay members. The authors look at whether the Scouts and other noncommercial associations have a right to discriminate when selecting their members, and whether the state should have a legitimate interest in regulating the membership practices of private associations.
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When employees at firms like Greyhound and Eastern Airlines walk out to protest wage and benefit reductions, they are permanently replaced and their representative labor unions destroyed. Every year, the threat or drama of a high-profile strike - in air traffic control towers, at Amtrak, or at Caterpillar - makes national headlines and, every year, several hundred thousand unrepresented American employees are discharged without good cause. During...
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"Nelson Mandela once said, "human rights have become the focal point of international relations." This has certainly become true in American relations with the People's Republic of China. Since the early 1980s, and particularly since 1989, by means of vigorous monitoring and the strict maintenance of standards, United Nations human rights organizations have encouraged China to move away from its insistence on the principle of noninterference, to take...
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