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Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

Faculty Publications

In "Ties That Bind? The Questionable Consent Justification for Hosanna-Tabor," Professor Jessie Hill responds to Professor Christopher Lund's article "Free Exercise Reconceived: The Logic and Limits of Hosanna-Tabor," which was recently published in the Northwestern University Law Review. Admiring Lund's effort to weave together a comprehensive understanding of when and to what extent government can regulate religious entities with public laws, Hill nonetheless finds Lund's consent-oriented approach troubling. Hill argues that Lund does not adequately justify religious organizations' assertions of sovereignty over members who seek the protection of public laws. Addressing Lund's argument that believers can always avoid religious authority …