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Hobby Lobby and the Zero-Sum Game

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TypeOfResource
Text
TitleInfo
Title
Hobby Lobby and the Zero-Sum Game
Name (authority = orcid); (authorityURI = http://id.loc.gov/vocabulary/identifiers/orcid.html); (type = personal); (valueURI = http://orcid.org/0000-0001-5953-3547)
NamePart (type = family)
Kovacs
NamePart (type = given)
Kathryn E.
Affiliation
Dean's Office (School of Law-Camden), Rutgers University
Role
RoleTerm (authority = marcrt); (type = text)
author
Name (authority = RutgersOrg-Department); (type = corporate)
NamePart
Dean's Office (School of Law-Camden)
Name (authority = RutgersOrg-School); (type = corporate)
NamePart
School of Law-Camden
Genre (authority = RULIB-FS)
Article, Refereed
Genre (authority = NISO JAV)
Version of Record (VoR)
Note (type = peerReview)
Peer reviewed
OriginInfo
DateIssued (encoding = w3cdtf); (keyDate = yes); (qualifier = exact)
2014
Abstract (type = Abstract)
In a zero-sum game, one person’s gain is another person’s loss. Some claims under the Religious Freedom Restoration Act present such zero-sum circumstances in that easing the claimant’s religious burden increases someone else’s burden. This article explores the effect of Burwell v. Hobby Lobby Stores on such zero-sum claims using a paradigmatic example: RFRA claims challenging the Bald and Golden Eagle Protection Act. This inquiry reveals that Hobby Lobby did not open the door for cases involving true zero-sum games, including those under the Eagle Act and some under the anti-discrimination laws. In such cases, granting the requested religious accommodation merely shifts the claimant’s burden onto a third party. RFRA provides for easing burdens, not transferring them to others. Hence, even after Hobby Lobby, such zero-sum claims should fail.
Language
LanguageTerm (authority = ISO 639-3:2007); (type = text)
English
PhysicalDescription
InternetMediaType
application/pdf
Extent
13 p.
Subject (authority = local)
Topic
Bald and Golden Eagle Protection Act
Subject (authority = local)
Topic
Religious Freedom Restoration Act
Extension
DescriptiveEvent
Type
Citation
DateTime (encoding = w3cdtf)
2014
AssociatedObject
Name
Washington University Law Review
Type
Journal
Relationship
Has part
Detail
255-267
Identifier (type = volume and issue)
92(1)
Reference (type = url)
https://openscholarship.wustl.edu/law_lawreview/vol92/iss1/11/
Subject
Name (authority = LCNAF)
NamePart (type = corporate)
Hobby Lobby (Firm)
RelatedItem (type = host)
TitleInfo
Title
Kovacs, Kathryn E.
Identifier (type = local)
rucore30242000001
Location
PhysicalLocation (authority = marcorg); (displayLabel = Rutgers, The State University of New Jersey)
NjNbRU
Identifier (type = doi)
doi:10.7282/T33N26D6
Genre (authority = ExL-Esploro)
Journal Article
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Copyright for scholarly resources published in RUcore is retained by the copyright holder. By virtue of its appearance in this open access medium, you are free to use this resource, with proper attribution, in educational and other non-commercial settings. Other uses, such as reproduction or republication, may require the permission of the copyright holder.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
Note
Law review openly available on journal's website.
RightsEvent
Type
Permission or license
AssociatedObject
Type
License
Name
Sole author license v. 1
Detail
I hereby grant to Rutgers, The State University of New Jersey (Rutgers) the non-exclusive right to retain, reproduce, and distribute the deposited work (Work) in whole or in part, in and from its electronic format, without fee. This agreement does not represent a transfer of copyright to Rutgers. Rutgers may make and keep more than one copy of the Work for purposes of security, backup, preservation, and access and may migrate the Work to any medium or format for the purpose of preservation and access in the future. Rutgers will not make any alteration, other than as allowed by this agreement, to the Work. I represent and warrant to Rutgers that the Work is my original work. I also represent that the Work does not, to the best of my knowledge, infringe or violate any rights of others. I further represent and warrant that I have obtained all necessary rights to permit Rutgers to reproduce and distribute the Work and that any third-party owned content is clearly identified and acknowledged within the Work. By granting this license, I acknowledge that I have read and agreed to the terms of this agreement and all related RUcore and Rutgers policies.
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Technical

RULTechMD (ID = TECHNICAL1)
ContentModel
Document
CreatingApplication
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1.5
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2014-11-19T16:08:12
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2014-11-21T10:00:21
ApplicationName
Microsoft® Word 2010
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