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Tuesday, March 25, 2014

What is Missing From This Slate Piece?

On the day before oral arguments in the contraceptive mandate cases, Slate has published a piece on the history of corporate personhood by Naomi Lamoreaux and William Novak. It's interesting and provocative, although I find it odd that the piece basically jumps over the decades of debate and discussion over this issue in England, Germany, and the US between 1870 and 1940 or so. But there's something still odder about the article, and this one I just can't figure. One phrase never mentioned in the piece is "Religious Freedom Restoration Act." Another is "Dictionary Act." And I read the piece quickly, although more than once, and if the words "statute" or "statutory" appear anywhere, they were used so glancingly as to escape my attention. I cannot understand why, on the eve of a major RFRA case, Slate has published a piece that purports to be about the case but never so much as mentions--indeed, if anything carefully omits to mention--the statute or the fact that it is a statutory case. [UPDATE: Link, and gratuitous swipe at Slate for its dismal site design and lack of a search function, added.]

Posted by Paul Horwitz on March 25, 2014 at 12:38 AM in Paul Horwitz | Permalink


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