| Author | : D. Gans |
| Publisher | : Springer |
| Total Pages | : 128 |
| Release | : 2014-11-07 |
| Genre | : Political Science |
| ISBN | : 1137479701 |
An expanded version of a series of debates between the authors, this book examines the nature of corporate rights, especially with respect to religious liberty, in the context of the controversial Hobby Lobby case from the Supreme Court's 2013-14 term.
| Author | : Micah Jacob Schwartzman |
| Publisher | : Oxford University Press |
| Total Pages | : 521 |
| Release | : 2016 |
| Genre | : Business & Economics |
| ISBN | : 0190262532 |
What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
| Author | : Edward A. David |
| Publisher | : Springer Nature |
| Total Pages | : 282 |
| Release | : 2020-09-21 |
| Genre | : Business & Economics |
| ISBN | : 3030562115 |
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
| Author | : Vincent Phillip Munoz |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 679 |
| Release | : 2015-03-27 |
| Genre | : Political Science |
| ISBN | : 1442250321 |
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.
| Author | : Winnifred Fallers Sullivan |
| Publisher | : |
| Total Pages | : 223 |
| Release | : 2020 |
| Genre | : Christianity and politics |
| ISBN | : 022645469X |
"What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"--
| Author | : Philip HAMBURGER |
| Publisher | : Harvard University Press |
| Total Pages | : 529 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 0674038185 |
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
| Author | : Michael S. Ariens |
| Publisher | : |
| Total Pages | : 1128 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
The second edition of Religious Liberty in a Pluralistic Society offers the same structure and thorough coverage of the law of religious liberty as the first edition, along with a new conceptual framework for approaching the religious liberty jurisprudence of the Supreme Court. The first four chapters offer a history of law and religion in the United States that extends from the framing of the Constitution to the early 1920s. Chapters Six through Thirteen examine the statute and case law governing religious liberty in a variety of settings and areas of law, including education, the workplace, tax, the courtroom, property, and the corporate boardroom. The few pronouncements of the United States Supreme Court in each of these areas serve as the anchors for thorough examination of the law of religious liberty in the state and lower federal courts. Ariens and Destro have reorganized Chapter Five, which examines the Supreme Court's efforts to craft a constitutional law of religious liberty since the 1940s. The new conceptual framework is based on the language and structure of the First Amendment, and is designed to help the reader understand and apply the rules the Court has developed in this important area of constitutional law. New in the notes to Chapter Five are references to comparative and international materials. The materials are updated through 2001, and a number of cases are more tightly edited than in the first edition. A revised teacher's manual with sample course outlines and problems will be available.
| Author | : Adam Winkler |
| Publisher | : Liveright Publishing |
| Total Pages | : 485 |
| Release | : 2018-02-27 |
| Genre | : Law |
| ISBN | : 0871403846 |
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
| Author | : Angus J. L. Menuge |
| Publisher | : Routledge |
| Total Pages | : 268 |
| Release | : 2017-07-20 |
| Genre | : Law |
| ISBN | : 1351982664 |
Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it – both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.
