Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

First Amendment

2016

Hobby Lobby

Articles 1 - 5 of 5

Full-Text Articles in Law

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell Dec 2016

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.

Go to article

Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole Jan 2016

Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole

Brooklyn Law Review

Both Citizens United and Hobby Lobby are notable for the Roberts Court’s personification of the corporation. In Citizens United, the United States Supreme Court expanded corporate speech rights in a political context; in Hobby Lobby, it accorded religious rights to corporations in an unprecedented manner. This article explains how the Court’s expansion of corporate personification has ignored both traditional corporate law doctrine regarding shareholder primacy and the fundamental distinction in corporate law between the corporate entity and the shareholders who control it.

The article takes a communitarian approach to corporate law analysis, recognizing that corporations play useful roles …

Go to article

Diy Solutions To The Hobby Lobby Problem, Kristin Haule Jan 2016

Diy Solutions To The Hobby Lobby Problem, Kristin Haule

Loyola of Los Angeles Law Review

No abstract provided.

Go to article

Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan Jan 2016

Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan

Loyola of Los Angeles Law Review

Should bakers be required to make cakes for same-sex weddings? This Article unravels the eclectic arguments that are offered in support of a religious exemption from serving gay customers in the wake of Obergefell.

Preliminary issues first consider invocations of a libertarian right to exclude. Rather than being part of our concept of liberty, this right to exclude from commercial premises is a new rule devised to prevent African Americans from participating in free society. Instead of expanding this racist rule to likewise bar gays from the marketplace, it should be reset to the antebellum standard of free access …

Go to article

No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman Dec 2015

No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman

John C. Eastman

The Hobby Lobby decision incited a wave of vitriolic responses, but it is important to understand what the Court actually held before assessing whether such a response was warranted. After reviewing the circumstances leading to the Patient Protection and Affordable Care Act and its accompanying regulations, it is clear that the Court’s legal analysis was correct. Exploring the criticisms from the media and the legal academy in light of that fact reveals the current dispute in the United States over the very nature and purpose of government. In addition scholars and citizens should note the several questions left unaddressed in …

Go to article