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The Rise of Corporate Religious Liberty

27 Pages Posted: 3 Feb 2016  

Micah Schwartzman

University of Virginia School of Law

Chad Flanders

Saint Louis University - School of Law

Zoe Robinson

DePaul University College of Law

Multiple version iconThere are 2 versions of this paper

Date Written: February 2016

Abstract

This Introduction to our edited book, The Rise of Corporate Religious Liberty (Oxford University Press, 2016), offers an account of the “corporate turn” in law and religion. Here the term “corporate” refers to any organized body of people - groups, associations, organizations, and institutions - and, more specifically, to for-profit corporations. Our contention is that the relationship between law and religion has shifted dramatically in the last decade, moving from a conception of religious freedom focused mainly on individual liberty toward one that privileges the rights of religious organizations. We trace this development in two stages, describing the initial movement from individual liberty to church autonomy, or what some have called “freedom of the church,” and the subsequent extension of religious liberty claims to for-profit corporations. We then survey the main questions about corporate religious liberty addressed in the book and provide an overview of its structure.

Keywords: religious liberty, corporate rights, church autonomy, freedom of the church, Hosanna-Tabor, Hobby Lobby

Suggested Citation

Schwartzman, Micah and Flanders, Chad and Robinson, Zoe, The Rise of Corporate Religious Liberty (February 2016). Virginia Public Law and Legal Theory Research Paper No. 14. Available at SSRN: https://ssrn.com/abstract=2726847 or http://dx.doi.org/10.2139/ssrn.2726847

Micah Schwartzman (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Chad Flanders

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

Zoe Robinson

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States

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