The Rise of Corporate Religious Liberty

Paperback | January 26, 2016

EditorMicah Schwartzman, Chad Flanders, Zoe Robinson

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What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals anduniversities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion.Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, andreligious freedom.

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What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals anduniversities, have sought exemptions from requirement...

Micah Schwartzman is the Edward F. Howrey Professor of Law at the University of Virginia School of Law. Chad Flanders is Associate Professor of Law at the St. Louis University School of Law. Zoe Robinson is Professor of Law at the DePaul University College of Law.

other books by Micah Schwartzman

The Rise of Corporate Religious Liberty
The Rise of Corporate Religious Liberty

Kobo ebook|Dec 11 2015

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Format:PaperbackDimensions:528 pages, 9.21 × 6.1 × 1.1 inPublished:January 26, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190262532

ISBN - 13:9780190262532

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Table of Contents

AcknowledgmentsContributorsChad Flanders, Micah Schwartzman, and Zoe Robinson: IntroductionPart I: From Religious Liberty to Freedom of the Church1. Kent Greenawalt: Religious Toleration and Claims of Conscience2. Steven Smith: The Jurisdictional Conception of Church Autonomy3. Richard Garnett: "Freedom of the Church": (Towards) an Exposition, Translation, and Defense4. Sarah Barringer Gordon: Religious Corporations and Disestablishment, 1780 - 18405. Larry Sager: Why Churches (and, Possibly, The Tarpon Bay Women's Blue Water Fishing Club) Can Discriminate6. Chad Flanders: Religious Organizations and the Analogy to Political PartiesPart II: From Freedom of the Church to Corporate Religious Liberty7. Kent Greenawalt: Hobby Lobby: Its Flawed Interpretive Techniques and Standards of Application8. Elizabeth Pollman: Corporate Law and Theory in Hobby Lobby9. Zoe Robinson: Hosanna-Tabor after Hobby Lobby10. Frederick Schauer: Lessons from the Free Speech Clause11. Paul Horwitz and Nelson Tebbe: Religious Institutionalism-Why Now?Part III: Hobby Lobby's Implications12. Douglas Laycock: The Campaign Against Religious Liberty13. Robin Fretwell Wilson: Bargaining for Religious Accommodations: Same-Sex Marriage and LGBT Rights after Hobby Lobby14. Christopher Lund: Keeping Hobby Lobby in Perspective15. Elizabeth Sepper: Healthcare Exemptions and the Future of Corporate Religious Liberty16. Frederick Gedicks and Rebecca Van Tassell: Of Burdens and Baselines: Hobby Lobby's Puzzling Footnote 37Part IV: Challenges to Corporate Religious Liberty17. Richard Schragger and Micah Schwartzman: Some Realism about Corporate Rights18. Ira C. Lupu and Robert W. Tuttle: Religious Exemptions and the Limited Relevance of Corporate Identity19. Robin West: Freedom of the Church and our Endangered Civil Rights: Exiting the Social Contract20. B. Jessie Hill: Change, Dissent, and the Problem of Consent21. Gregory Magarian: The New Religious Institutionalism and the Old Establishment Clause22. Mark Tushnet: Religion and the Roberts Court: The Limits of Religious Pluralism in Constitutional LawIndex

Editorial Reviews

"The important questions addressed in this book are deeply challenging and greatly controversial. The range of views defended by the contributors to this volume-contributors who are among this generation's most respected scholars of religious freedom-is impressively broad. Moreover, the depthof discernment evident throughout the book is truly remarkable. Essential reading for anyone who cares about the state of religious freedom in the United States today." --Michael J. Perry, Robert W. Woodruff Professor of Law, Emory University