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Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah
Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah
Auctus: The Journal of Undergraduate Research and Creative Scholarship
Hobby Lobby is a chain of 640 arts and crafts stores owned by the Green family, based in Oklahoma City. This company is required to follow the Affordable Care Act (ACA), which mandates that larger employers—those with more than 50 employees—have to include coverage for the full range of preventative care, including contraceptives, in their female employees’ health insurance plans. However, the Green family holds deeply religious views and did not want to include four of the twenty contraceptives covered by the ACA, including long acting reversible contraception and emergency contraception, in their female employee coverage. The family believed that …
Line Drawing In Corporate Rights Determinations, Elizabeth Pollman
Line Drawing In Corporate Rights Determinations, Elizabeth Pollman
All Faculty Scholarship
This essay was written for the 21st Annual Clifford Symposium: The Supreme Court, Business, and Civil Justice. The essay argues that existing lines drawn between corporations may be a useful starting place for analyzing the rights of corporations, but caution must be used because the lines drawn in other areas were done for various policy reasons in different contexts that may not map onto the corporate rights determination. Attention should be paid to the specific characteristics of corporations that are relevant to the right at stake and the basis for extending protection. The key contribution of this essay is to …
Constitutionalizing Corporate Law, Elizabeth Pollman
Constitutionalizing Corporate Law, Elizabeth Pollman
All Faculty Scholarship
The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free from regulation. This Article argues these decisions represent a doctrinal shift, even from previous cases granting rights to corporations. The modern corporate rights doctrine has put unprecedented weight on state corporate law to act as a mechanism for resolving disputes among corporate participants regarding the expressive and religious activity …