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| Author | : D. Gans |
| Publisher | : Springer |
| Total Pages | : 128 |
| Release | : 2014-11-07 |
| Genre | : Political Science |
| ISBN | : 1137479701 |
An expanded version of a series of debates between the authors, this book examines the nature of corporate rights, especially with respect to religious liberty, in the context of the controversial Hobby Lobby case from the Supreme Court's 2013-14 term.
| Author | : Micah Schwartzman |
| Publisher | : Oxford University Press |
| Total Pages | : 521 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0190262532 |
'The Rise of Corporate Religious Liberty' explores this 'corporate' turn in law and religion. Drawing on a broad range of 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 Stores, Inc.
| Author | : Edward A. David |
| Publisher | : Springer Nature |
| Total Pages | : 282 |
| Release | : 2020-09-21 |
| Genre | : Business & Economics |
| ISBN | : 3030562115 |
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
| Author | : Eugene Volokh |
| Publisher | : Cato Institute |
| Total Pages | : 114 |
| Release | : 2014-03-11 |
| Genre | : Political Science |
| ISBN | : 193970958X |
Later this month, the Supreme Court will hear arguments in a case—Sebelius v. Hobby Lobby— that has arisen as society tries to reconcile corporate rights with religious liberty. Since the Hobby Lobby’s founding, the Green family has managed their
| Author | : Matteo Corsalini |
| Publisher | : Taylor & Francis |
| Total Pages | : 142 |
| Release | : 2022-12-30 |
| Genre | : Law |
| ISBN | : 1000832767 |
This book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed “church autonomy” or, more recently, “corporate religious freedom”. The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to take place in Europe. Through a comparative and interdisciplinary approach to corporate religious freedom, the work provides the reader with a new, comprehensive, and easily accessible history of the genesis and evolution of this legal category in American and European law. The book combines material that straddles international law and religion, corporate law, and economic theory. The diversity of views contained within it makes it a valuable resource for scholars and students in law and religion, corporate social responsibility, and law and economics.
| Author | : Marci Hamilton |
| Publisher | : Cambridge University Press |
| Total Pages | : 487 |
| Release | : 2014-08-29 |
| Genre | : Law |
| ISBN | : 1107087449 |
This book sets the record straight about the United States' move toward extreme religious liberty and argues for a return to common-sense religious liberty.
| Author | : Michael S. Ariens |
| Publisher | : |
| Total Pages | : 1128 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
The second edition of Religious Liberty in a Pluralistic Society offers the same structure and thorough coverage of the law of religious liberty as the first edition, along with a new conceptual framework for approaching the religious liberty jurisprudence of the Supreme Court. The first four chapters offer a history of law and religion in the United States that extends from the framing of the Constitution to the early 1920s. Chapters Six through Thirteen examine the statute and case law governing religious liberty in a variety of settings and areas of law, including education, the workplace, tax, the courtroom, property, and the corporate boardroom. The few pronouncements of the United States Supreme Court in each of these areas serve as the anchors for thorough examination of the law of religious liberty in the state and lower federal courts. Ariens and Destro have reorganized Chapter Five, which examines the Supreme Court's efforts to craft a constitutional law of religious liberty since the 1940s. The new conceptual framework is based on the language and structure of the First Amendment, and is designed to help the reader understand and apply the rules the Court has developed in this important area of constitutional law. New in the notes to Chapter Five are references to comparative and international materials. The materials are updated through 2001, and a number of cases are more tightly edited than in the first edition. A revised teacher's manual with sample course outlines and problems will be available.
| Author | : Philip HAMBURGER |
| Publisher | : Harvard University Press |
| Total Pages | : 529 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 0674038185 |
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
| Author | : Marci A. Hamilton |
| Publisher | : |
| Total Pages | : 496 |
| Release | : 2014 |
| Genre | : Clergy |
| ISBN | : 9781107440401 |
Clergy sex abuse, polygamy, children dying from faith healing, companies that refuse to do business with same-sex couples, and residential neighborhoods forced to host homeless shelters - what do all of these have in common? They are all examples of religious believers harming others and demanding religious liberty regardless of the harm. This book unmasks those responsible, explains how this new set of rights is not derived from the First Amendment and argues for a return to common-sense religious liberty. In straightforward, readable prose, God vs. the Gavel: The Perils of Extreme Religious Liberty sets the record straight about the United States' move toward extreme religious liberty. More than half of this thoroughly revised second edition is new content, featuring a new introduction and epilogue and contemporary stories. All Americans need to read this book, before they or their friends and family are harmed by religious believers exercising their newfound rights.
| Author | : Winnifred Fallers Sullivan |
| Publisher | : |
| Total Pages | : 223 |
| Release | : 2020 |
| Genre | : Christianity and politics |
| ISBN | : 022645469X |
"What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"--
