Faculty The U.S. Supreme Court

Published on July 16, 2014 | by LawNews

Prof. Grant Hayden Co-Authors
Op-Ed on Overlooked Aspect of Hobby Lobby Decision

The op-ed “Who controls corporate culture?” by Professors Grant M. Hayden of Hofstra Law and Matthew Bodie of St. Louis University School of Law was published by the St. Louis Post-Dispatch on July 16, 2014.

The authors maintain that “commentators are overlooking an important aspect of the Hobby Lobby decision, as well as the court’s similarly maligned Citizens United opinion”: “If a for-profit corporation can exercise rights, who decides how it will exercise them?”

Professors Hayden and Bodie identify a “core fairness issue” in corporations’ exercise of their rights: “Who speaks for the company? Under current law, shareholders get complete control, and employees have no input. That’s because the corporation is seen as the dominion — the property — of the owners of shares, rather than the people who work there.”

Their conclusion: “If we want corporations to exercise those religious and political rights that we generally equate with people, we should make sure that all of the people who are part of the organization have a voice in those choices.”

Read the full op-ed.

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