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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


Scopes of Religious Exemption: A Normative Map

Kevin Vallier and Michael Weber

in Religious Exemptions

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.003.0009
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Religious exemptions take a variety of forms, with distinct shapes and normative underpinnings. This chapter identifies eight ideal types of religious exemptions, grouped into three larger rubrics, ... More


In Defense of the Sincerity Test

Kevin Vallier and Michael Weber

in Religious Exemptions

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.003.0014
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Both legal scholars and judges have expressed discomfort with rigorously questioning the sincerity of plaintiffs requesting a religious exemption. Many have claimed that the sincerity test is in fact ... More


Insubstantial Burdens

Kevin Vallier and Michael Weber

in Religious Exemptions

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.003.0015
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter articulates and defends a “partially subjectivist” way of defining burdens on religious belief under the Religious Freedom Restoration Act (RFRA). On this view, courts should largely ... 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


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


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


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


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


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