University of Michigan Journal of Law Reform Volume 37 2003 Reflections on ugusta:A Judicial, Legislative and Economic Approaches to Private Race and Gender Consciousness Scott R. Rosner Wharton School, University of Pennsylvania Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Civil Rights and Discrimination Commons, Entertainment, Arts, and Sports Law Commons, Law and Race Commons, and the Legislation Commons Recommended Citation Scott R. Rosner, Reflections on Augusta: Judicial, Legislative and Economic Approaches to Private Race and Gender Consciousness, 37 U. MICH. J. L. REFORM 135 (2003). Available at: https://repository.law.umich.edu/mjlr/vol37/iss1/4 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. REFLECTIONS ON AUGUSTA: JUDICIAL, LEGISLATIVE AND ECONOMIC APPROACHES TO PRIVATE RACE AND GENDER CONSCIOUSNESS Scott R. Rosner* In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs havefor reforming such policies. The author acknowledges the economic importance of club membership in many busi- ness communities and addresses the extent to which club members' claims of rights of privacy andfree association are valid. The Article also considers the potential of judicialaction in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which litigants may potentially bring claims against clubs and the author assesses the likelihood of success under each.