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The Rise of Corporate Religious Liberty | Oxford Scholarship Online
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The Rise of Corporate Religious Liberty

Micah Schwartzman, Chad Flanders, and Zoë Robinson

Abstract

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 have long asserted claims to institutional autonomy, especially with respect to laws interferring with their internal governance. Faith-based nonprofits have claimed similar rights, and now for-profit corporations have as well, with the Supreme Court vindicating their rights in the landmark decision, Burwell v. Hobby Lobby Stores, Inc. This book explores the corporate turn in law and religion. Part I ... More

Keywords: religious liberty, religious institutions, corporate rights, church autonomy, Hobby Lobby, Hosanna-Tabor

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780190262525
Published to Oxford Scholarship Online: January 2016 DOI:10.1093/acprof:oso/9780190262525.001.0001

Authors

Affiliations are at time of print publication.

Micah Schwartzman, editor
Edward F. Howrey Professor of Law, University of Virginia School of Law

Chad Flanders, editor
Associate Professor of Law, Saint Louis University School of Law

Zoë Robinson, editor
Professor of Law, DePaul University School of Law

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Contents

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Part One From Religious Liberty to Freedom of the Church

3 The Freedom of the Church

Richard W. Garnett*

Part Two From Freedom of the Church to Corporate Religious Liberty

7 Hobby Lobby

Kent Greenawalt*

11 Religious Institutionalism—Why Now?

Paul Horwitz* and Nelson Tebbe**

Part Three Hobby Lobby’s Implications

16 Of Burdens and Baselines

Frederick Mark Gedicks* and Rebecca G. Van Tassell**

Part Four Challenges to Corporate Religious Liberty

17 Some Realism about Corporate Rights

Richard Schragger* and Micah Schwartzman**

End Matter