The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Wed, 03 Jun 2026 20:58:09 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Corporate “Free Exercise” and Fiduciary Duties of Directors – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Corporate “Free Exercise” and Fiduciary Duties of Directors https://corpgov.law.harvard.edu/2014/03/04/corporate-free-exercise-and-fiduciary-duties-of-directors/?utm_source=rss&utm_medium=rss&utm_campaign=corporate-free-exercise-and-fiduciary-duties-of-directors https://corpgov.law.harvard.edu/2014/03/04/corporate-free-exercise-and-fiduciary-duties-of-directors/#comments Tue, 04 Mar 2014 14:15:08 +0000 http://blogs.law.harvard.edu/corpgov/?p=60400?d=20141215165241EST Posted by Noam Noked, co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Tuesday, March 4, 2014
Editor's Note:

The following post comes to us from Mark A. Underberg, retired partner of Paul, Weiss, Rifkind, Wharton & Garrison LLP, and an Adjunct Professor of Law at Cornell Law School and the Benjamin N. Cardozo School of Law.

This Spring, the Supreme Court will decide whether a for-profit corporation can refuse to provide insurance coverage for birth control and other reproductive health services mandated by the Affordable Healthcare Act (or “Obamacare”) when doing so would conflict with “the corporation’s” religious beliefs. Although the main legal issue in Sibelius v. Hobby Lobby Stores, Inc., et al. and Conestoga Wood Specialties Corp., et al. v. Sibelius concerns the extent to which the guarantee of free exercise of religion under the Constitution and the Religious Freedom Restoration Act may be asserted by for-profit corporations, the Court’s decision may also have important—and unsettling—implications for state corporate laws that define the fiduciary duties of boards of directors.

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