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Health Law and Policy

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Selected Works

2015

Supreme Court

Articles 1 - 3 of 3

Full-Text Articles in Entire DC Network

How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield Mar 2015

How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield

Alan E Garfield

No abstract provided.


Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon Jan 2015

Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon

Lyman P. Q. Johnson

We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …


Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon Jan 2015

Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon

David K. Millon

We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …