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Articles 1 - 5 of 5

Full-Text Articles in Law

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese Jul 2014

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese

Popular Media

No abstract provided.


Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese May 2014

Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese

Popular Media

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman May 2014

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Faculty Publications

No abstract provided.


Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz Jan 2014

Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz

Articles

Four years ago, Citizens United v. Federal Election Commission held that for-profit corporations possess a First Amendment right to make independent campaign expenditures. In so doing, the United States Supreme Court invited speculation that such corporations might possess other First Amendment rights as well. The petitioners in Conestoga Wood Specialties Corp. v. Sebelius are now arguing that for-profit corporations are among the intended beneficiaries of the Free Exercise Clause and, along with the respondents in Sebelius v. Hobby Lobby Stores, that they also qualify as “persons” under the Religious Freedom Restoration Act (RFRA). Neither suggestion follows inexorably from Citizens United, …


Commercial Religious Exercise: Translating Commercial Speech Doctrine To The Free Exercise Clause, Danieli Evans Jan 2014

Commercial Religious Exercise: Translating Commercial Speech Doctrine To The Free Exercise Clause, Danieli Evans

Articles

The Patient Protection and Affordable Care Act and implementing regulations require for-profit businesses with more than fifty employees to include contraceptive products in their health care coverage for employees. Throughout the country, privately held corporations and their owners challenged this requirement on the grounds that it violates the Religious Freedom Restoration Act (RFRA), which states that the government shall not “substantially burden” a religious practice unless the regulation is “the least restrictive means” of serving a “compelling governmental interest.” The employers argued that requiring them to include contraceptives in employees’ health coverage substantially burdened their religious opposition to using certain …