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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


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 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


Freedom of the Church and Our Endangered Civil Rights: Exiting the Social Contract

Robin West

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/9780190262525.003.0020
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter suggests that the “freedom of the church” to ignore various Civil Rights Acts—a right created (or discovered) by the Court in Hosanna-Tabor —is a vivid example of a new and deeply ... More


Religion and the Roberts Court: The Limits of Religious Pluralism in Constitutional Law

Mark Tushnet

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/9780190262525.003.0023
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

The United States is statistically a religiously pluralist nation. In the course of confronting that pluralism in Hosanna-Tabor and Town of Greece v. Galloway, the Roberts Court subtly treated ... More


The Freedom of the Church: (Toward) An Exposition, Translation, and Defense

Richard W. Garnett

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/9780190262525.003.0004
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter proposes that “freedom of the church” is a still-important, if very old, idea, which is not out of place in current thinking about law and religion. If “freedom of the church” can be ... More


Why Churches (and, Possibly, the Tarpon Bay Women’s Blue Water Fishing Club) Can Discriminate

Lawrence Sager

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/9780190262525.003.0006
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter begins with a proposition that likely enjoys broad assent: the Catholic Church can insist that its priests be male without interference from the state. At least four explanations support ... 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


Wrongful Discrimination?: Religious Freedom, Pluralism, and Equality

Richard W. Garnett

in Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190600600
eISBN:
9780190600631
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190600600.003.0005
Subject:
Religion, Religion and Society, Religious Studies

This chapter seeks to bring improved clarity and precision to our understanding of “discrimination,” particularly as it relates to conflicts between equality and religious freedom in the United ... More


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