Markets in Everything and Another View of the Cathedral: Religious Freedom and Coasian Bargaining

  • October 2015
  • 26 Stan.L.& Pol'y Rev. 485
  • Article

Under current jurisprudence, free exercise claims—be they individuals versus the government or individuals versus other individuals—win if the government “substantially burdens” religious practice unless the government’s interest is “compelling” and is pursued by the “least restrictive means.”  This Article proposes that we should use the Coase Theorem as an objective test for both types of free exercise challenges: the individuals versus the government and individuals versus other individuals.