Overview

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 and universities, 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, and religious freedom.

Full Product Details

Author:   Micah Schwartzman (Edward F. Howrey Professor of Law, Edward F. Howrey Professor of Law, University of Virginia School of Law) ,  Chad Flanders (Associate Professor of Law, Associate Professor of Law, Saint Louis University School of Law) ,  Zoë Robinson (Professor of Law, Professor of Law, DePaul University School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.40cm , Height: 3.30cm , Length: 15.50cm
Weight:   0.726kg
ISBN:  

9780190262532

ISBN 10:   0190262532
Pages:   528
Publication Date:   04 February 2016
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Table of Contents Acknowledgments Contributors Introduction Chad Flanders, Micah Schwartzman, and Zoë Robinson Part I: From Religious Liberty to Freedom of the Church Chapter 1: Religious Toleration and Claims of Conscience Kent Greenawalt Chapter 2: The Jurisdictional Conception of Church Autonomy Steven D. Smith Chapter 3: Freedom of the Church: (Toward) An Exposition, Translation, and Defense Richard W. Garnett Chapter 4: Religious Corporations and Disestablishment, 1780-1840 Sarah Barringer Gordon Chapter 5: Why Churches (and, Possibly, the Tarpon Bay Women's Blue Water Fishing Club) Can Discriminate Lawrence Sager Chapter 6: Religious Organizations and the Analogy to Political Parties Chad Flanders Part II: From Freedom of the Church to Corporate Religious Liberty Chapter 7: Hobby Lobby: Its Flawed Interpretive Techniques and Standards of Application Kent Greenawalt Chapter 8: Corporate Law and Theory in Hobby Lobby Elizabeth Pollman Chapter 9: Hosanna-Tabor after Hobby Lobby Zoë Robinson Chapter 10: Lessons from the Free Speech Clause Frederick Schauer Chapter 11: Religious Institutionalism-Why Now? Paul Horwitz and Nelson Tebbe Part III: Hobby Lobby's Implications Chapter 12: The Campaign against Religious Liberty Douglas Laycock Chapter 13: Bargaining for Religious Accommodations: Same-Sex Marriage and LGBT Rights after Hobby Lobby Robin Fretwell Wilson Chapter 14: Keeping Hobby Lobby in Perspective Christopher C. Lund Chapter 15: Healthcare Exemptions and the Future of Corporate Religious Liberty Elizabeth Sepper Chapter 16: Of Burdens and Baselines: Hobby Lobby's Puzzling Footnote 37 Frederick Mark Gedicks and Rebecca G. Van Tassell Part IV: Challenges to Corporate Religious Liberty Chapter 17: Some Realism about Corporate Rights Richard Schragger and Micah Schwartzman Chapter 18: Religious Exemptions and the Limited Relevance of Corporate Identity Ira C. Lupu and Robert W. Tuttle Chapter 19: Freedom of the Church and Our Endangered Civil Rights: Exiting the Social Contract Robin West Chapter 20: Change, Dissent, and the Problem of Consent in Religious Organizations B. Jessie Hill Chapter 21: The New Religious Institutionalism Meets the Old Establishment Clause Gregory P. Magarian Chapter 22: Religion and the Roberts Court: The Limits of Religious Pluralism in Constitutional Law Mark Tushnet Index

Reviews

The Constitution and various statutes protect the right of individuals to practice their religion. Do institutions also enjoy such protection? If so, which institutions? Only worship communities or for-profit corporations as well? This fascinating collection from an all-star cast of diverse scholars tackles questions dating back at least as far as the Enlightenment, made timely by the latest legal conflicts between egalitarian government programs and new claims of religious liberty. -Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University Law School 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 depth of 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

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 depth of 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 The Constitution and various statutes protect the right of individuals to practice their religion. Do institutions also enjoy such protection? If so, which institutions? Only worship communities or for-profit corporations as well? This fascinating collection from an all-star cast of diverse scholars tackles questions dating back at least as far as the Enlightenment, made timely by the latest legal conflicts between egalitarian government programs and new claims of religious liberty. -Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University Law School

Author Information

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. Zoë Robinson is Professor of Law at the DePaul University College of Law.

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