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FACTIONS FOR THE REST OF US

JOHN D. INAZU

Wash. U. L. Rev., Vol.89 pp.1435-1523, 2012 [Periódico revisado por pares]

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  • Título:
    FACTIONS FOR THE REST OF US
  • Autor: JOHN D. INAZU
  • Assuntos: Antidiscrimination; Constitutional; Commerciality; Relationality; Implications; Significance; Contemporary; Commentators; Introductory; Difficulties; Constitutional Law; Criminal Law & Procedure; Education Law; International Law; Labor & Employment Law; Torts; Transportation Law
  • É parte de: Wash. U. L. Rev., Vol.89 pp.1435-1523, 2012
  • Descrição: ... While I hope I have not abandoned assembly to speech, Professor Bhagwat rightly notes that my framing of the issues in Liberty's Refuge risks that misconception. ... Professor Bhagwat contends that the majority opinion in Lawrence v. ... I argue in Liberty's Refuge that the concept of intimate association originally rooted in associational privacy became resituated in a jurisprudence of individual autonomy. ... Professor Appleton is right to observe that "even a robust freedom of assembly would be unlikely to protect" the "intensely personal and gendered interests" at issue in Eisenstadt. ... I have argued that Justice O'Connor misses the expressiveness in many commercial groups; Professor Vischer deepens the critique by pointing out that commercial groups can not only be expressive but also manifest "vision, attitude, or value." ... Professor Vischer has elsewhere suggested reasons against drawing such a line: Where the marketplace provision of certain goods and services is subject to a society-wide battle over moral norms, allowing the contest to proceed may be more conducive to a healthy and engaged public life than the current inclination to enshrine legally one set of moral norms and negate the others.
  • Idioma: Inglês

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