The Rise of Corporate Religious Liberty

Table of Contents Acknowledgments Contributors Introduction Chad Flanders, Micah Schwartzman, and Zoë Robinson Part I: From Religious Liberty to Freedom of the Church Chapter 1: Religious Toleration and Claims of Conscience Kent Greenawalt Chapter 2: The Jurisdictional Conception of Church Autonomy Steven D. Smith Chapter 3: Freedom of the Church: (Toward) An Exposition, Translation, and Defense Richard W. Garnett Chapter 4: Religious Corporations and Disestablishment, 1780-1840 Sarah Barringer Gordon Chapter 5: Why Churches (and, Possibly, the Tarpon Bay Women's Blue Water Fishing Club) Can Discriminate Lawrence Sager Chapter 6: Religious Organizations and the Analogy to Political Parties Chad Flanders Part II: From Freedom of the Church to Corporate Religious Liberty Chapter 7: Hobby Lobby: Its Flawed Interpretive Techniques and Standards of Application Kent Greenawalt Chapter 8: Corporate Law and Theory in Hobby Lobby Elizabeth Pollman Chapter 9: Hosanna-Tabor after Hobby Lobby Zoë Robinson Chapter 10: Lessons from the Free Speech Clause Frederick Schauer Chapter 11: Religious Institutionalism-Why Now? Paul Horwitz and Nelson Tebbe Part III: Hobby Lobby's Implications Chapter 12: The Campaign against Religious Liberty Douglas Laycock Chapter 13: Bargaining for Religious Accommodations: Same-Sex Marriage and LGBT Rights after Hobby Lobby Robin Fretwell Wilson Chapter 14: Keeping Hobby Lobby in Perspective Christopher C. Lund Chapter 15: Healthcare Exemptions and the Future of Corporate Religious Liberty Elizabeth Sepper Chapter 16: Of Burdens and Baselines: Hobby Lobby's Puzzling Footnote 37 Frederick Mark Gedicks and Rebecca G. Van Tassell Part IV: Challenges to Corporate Religious Liberty Chapter 17: Some Realism about Corporate Rights Richard Schragger and Micah Schwartzman Chapter 18: Religious Exemptions and the Limited Relevance of Corporate Identity Ira C. Lupu and Robert W. Tuttle Chapter 19: Freedom of the Church and Our Endangered Civil Rights: Exiting the Social Contract Robin West Chapter 20: Change, Dissent, and the Problem of Consent in Religious Organizations B. Jessie Hill Chapter 21: The New Religious Institutionalism Meets the Old Establishment Clause Gregory P. Magarian Chapter 22: Religion and the Roberts Court: The Limits of Religious Pluralism in Constitutional Law Mark Tushnet Index