The Rise of Corporate Religious Liberty

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

• Table of Contents ; Acknowledgments ; Contributors ; Introduction ; Chad Flanders, Micah Schwartzman, and Zoe 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 ; Zoe 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

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.