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Hobby Lobby: The Church, the State, and the Corporation

Winnifred Fallers Sullivan

in Church State Corporation: Construing Religion in US Law

Published in print:
2020
Published Online:
January 2021
ISBN:
9780226454559
eISBN:
9780226454726
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226454726.003.0004
Subject:
Religion, Religion and Society

This chapter sets the Hobby Lobby decision in the context of the history of the corporation, showing how the church, the state and the corporation, as sovereign entities, exercise religious authority ... More


Corporate Law and Theory in Hobby Lobby

Elizabeth Pollman

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0009
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Does a business corporation constitute a “person” that can “exercise religion” under the Religious Freedom Restoration Act of 1993? In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court answered ... More


When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v. Hobby Lobby Stores, Inc.

Wendy Brown

in Looking for Law in All the Wrong Places: Justice Beyond and Between

Published in print:
2019
Published Online:
January 2020
ISBN:
9780823283712
eISBN:
9780823286164
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823283712.003.0009
Subject:
Anthropology, Social and Cultural Anthropology

In Burwell v. Hobby Lobby Stores, Inc. (2014), the U.S. Supreme Court held that a national chain of craft stores whose Christian owners believed contraception was a sin against God could not be ... More


The Most Sacred of All Property: Corporations and Persons

Finbarr Curtis

in Production of American Religious Freedom: The Production of American Religious Freedom

Published in print:
2016
Published Online:
January 2017
ISBN:
9781479882113
eISBN:
9781479823734
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479882113.003.0009
Subject:
Religion, Philosophy of Religion

The Supreme Court’s willingness to grant the religious freedom of persons to corporations reflects the expansion of the power of private institutions. Religious privacy does not protect personal ... More


The Rise of Corporate Religious Liberty

Micah Schwartzman, Chad Flanders, and Zoë Robinson (eds)

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.001.0001
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

What are the rights of religious institutions? Should those rights extend to for-profit corporations? These questions are now the subject of significant controversy. In the United States, churches ... More


The Campaign against Religious Liberty

Douglas Laycock

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0013
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Culture war issues are creating open hostility to religious liberty. We see this in the exaggerated reactions to Hobby Lobby, in the hysterical reactions to the Indiana RFRA, and in attacks on ... More


Bargaining for Religious Accommodations: Same-Sex Marriage and LGBT Rights after

Robin Fretwell Wilson

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0014
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

In the blowback over Hobby Lobby, nothing has figured more prominently than the implications for same-sex marriage and LGBT rights. Critics now challenge all concessions to religious ... More


Hobby Lobby: Its Flawed Interpretive Techniques and Standards of Application

Kent Greenawalt

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0008
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter provides a critical analysis of the Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc. Although the result in that case may have been a close question, Justice Alito’s ... More


Contraception Coverage in the Courts

Rachel VanSickle-Ward and Kevin Wallsten

in The Politics of the Pill: Gender, Framing, and Policymaking in the Battle over Birth Control

Published in print:
2020
Published Online:
November 2019
ISBN:
9780190675349
eISBN:
9780190909536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190675349.003.0005
Subject:
Political Science, American Politics

Chapter 5 examines how the issue of contraceptive coverage under the Affordable Care Act (ACA) was debated in the Supreme Court. Relying on a detailed content analysis of the amici curiae briefs, ... More


Corporation as Sect

Kathryn Lofton

in Consuming Religion

Published in print:
2017
Published Online:
May 2018
ISBN:
9780226481937
eISBN:
9780226482125
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226482125.003.0010
Subject:
Religion, Religious Studies

This chapter considers how work became so central to contemporary life and how the corporate workplace became a particular site of political freedom and activity. The essay begins by looking at ... More


Keeping Hobby Lobby in Perspective

Christopher C. Lund

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0015
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

In recent years, cases like Hobby Lobby and Elane Photography have led to increasing doubts about the propriety and justness of religious exemptions. Hobby Lobby and Elane Photography are important ... More


Corporate Governance beyond Economics

Elizabeth Pollman

in The Corporate Contract in Changing Times: Is the Law Keeping Up?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226599403
eISBN:
9780226599540
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226599540.003.0008
Subject:
Law, Company and Commercial Law

In recent years, changes to state and federal law have increased pressure on corporate law to serve as an ordering mechanism for interests and values beyond economics. On the federal front, two U.S. ... More


Of Burdens and Baselines: ’s Puzzling Footnote 37

Frederick Mark Gedicks and Rebecca G. Van Tassell

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0017
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter makes three points: (1) Religion Clause precedent supports the Supreme Court’s unanimous acknowledgment in Hobby Lobby that RFRA exemptions are limited by the burdens they impose on ... More


“Religion always wins” rules are bad for religious liberty

Andrew Koppelman

in Gay Rights vs. Religious Liberty?: The Unnecessary Conflict

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197500989
eISBN:
9780197501016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197500989.003.0007
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter examines the First Amendment doctrine that the Supreme Court is now developing. Burwell v. Hobby Lobby, the Court’s most important recent decision on accommodation, is no victory for ... More


Religion or Trolls?: How The Satanic Temple Is Changing the Way We Talk About Religion

Joseph P. Laycock

in Speak of the Devil: How The Satanic Temple is Changing the Way We Talk about Religion

Published in print:
2020
Published Online:
February 2020
ISBN:
9780190948498
eISBN:
9780190948528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190948498.003.0005
Subject:
Religion, Religion and Society, Religious Studies

Many of The Satanic Temple’s political campaigns and legal actions depend on invoking their religious rights. However, critics have responded that The Satanic Temple is not a “real” religion but ... More


Hosanna-Tabor after Hobby Lobby

Zoë Robinson

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0010
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

When the Hosanna-Tabor opinion was handed down, it was widely seen as an important, but also an importantly limited, case. It was, many concluded, just about churches and other “houses of worship.” ... More


Religious Institutionalism—Why Now?

Paul Horwitz and Nelson Tebbe

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0012
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Group religious freedom claims are growing in number and prominence, despite demographic shifts away from individual affiliation with religious groups. This chapter explores this apparent tension, ... More


Religious Organizations and the Analogy to Political Parties

Chad Flanders

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0007
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Political parties and religious organizations not only have similar goals—they want the freedom to choose their leaders and exclude some from membership—they also have been shown a “special” ... More


Some Realism about Corporate Rights

Richard Schragger and Micah Schwartzman

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0018
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Does it make sense to attribute rights of conscience to corporate entities? A common approach to answering this question is by inquiring into the nature of various types of groups (for example, ... More


Religious Exemptions and the Limited Relevance of Corporate Identity

Ira C. Lupu and Robert W. Tuttle

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0019
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

Corporate religious liberty appears to be on the rise. The Supreme Court’s decision in Hosanna-Tabor v. EEOC energized theories of “freedom of the church.” The Court’s decision in Burwell v. Hobby ... More


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