Download or read book We the Corporations How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Download or read book Corporate Personhood and the Rights of Corporate Speech written by Adam Winkler and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article argues that, contrary to the claims of some anti-corporate critics, corporate free speech rights have not been a product of corporate personhood under the Fourteenth Amendment. The free speech rights of business corporations are not equal to that of natural individuals but in fact are more limited. Moreover, this article contends that there are at least 4 different, distinct free speech rights held by business corporations and each is subject to its own set of constitutional rules and limits. The Supreme Court, however, often confuses the various rights and they different strands of reasoning among the cases are inconsistent and incoherent.
Download or read book Corporations Are People Too written by Kent Greenfield and published by Yale University Press. This book was released on 2018-10-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
Download or read book Corporate Personhood written by Susanna Kim Ripken and published by Cambridge University Press. This book was released on 2019-08-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.
Download or read book Corporations Are People Too written by Kent Greenfield and published by Yale University Press. This book was released on 2018-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why we're better off treating corporations as people under the law--and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should they be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society and concludes that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
Download or read book Corporations Are Not People written by Jeffrey D. Clements and published by Berrett-Koehler Publishers. This book was released on 2012-01-09 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court’s Citizens United decision marked a culminating victory for the bizarre doctrine that corporations are people with free speech and other rights. Now, Americans cannot stop corporations from spending billions of dollars to dominate elections and keep our elected representatives on a tight leash. Jeffrey Clements reveals the far-reaching effects of this strange and destructive idea, which flies in the face of not only all common sense but most of American legal history as well. Most importantly, he offers solutions—including a constitutional amendment to reverse Citizens United—and tools to help readers join a grassroots drive to implement them. Ending corporate control of our Constitution and government is not about a triumph of one political ideology over another—it’s about restoring the republican principles of American democracy.
Download or read book Supreme Myths written by Eric J. Segall and published by Bloomsbury Publishing USA. This book was released on 2012-02-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Download or read book Corporations are Not People written by Jeffrey D. Clements and published by Berrett-Koehler Publishers. This book was released on 2012 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first practical guide for every citizen on the problem of corporate personhood and the tools we have to overturn it. Jeff Clements explains why the Citizen's United case is the final win in a campaign for corporate domination of the state that began in the 1970s under Richard Nixon. More than this, Clements shows how unfettered corporate rights will impact public health, energy policy, the environment, and the justice system. Where Thom Hartmann's Unequal Protection providesa much-needed detailed legal history of corporate personhood, Corporations Are Not People answers the reader's question: "What does Citizens United mean to me?" And, even more important, it provides a solution: a Constitutional amendment, included in the book, which would reverse Citizens United. The book's ultimate goal is to give every citizen the tools and talking points to overturn corporate personhood state by state, community by community with petitions, house party kits, draft letters, shareholder resolutions, and much more.
Download or read book Why Personhood Matters written by Tamara R. Piety and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most controversial aspects of Citizens United is the Court's treatment of corporate personhood. Many members of the public feel that the Court held that corporations are "just like people" and they feel this wrong. Yet many scholars argue that the concern for corporate personhood is misplaced. This article argues that corporate personhood is indeed an important part of the rhetorical strategy to suggest that making distinctions between corporations and persons, or between different types of corporations, is discriminatory and ought to be forbidden on that ground. Moreover, this rhetorical strategy allows the Court to elide more substantive justifications for the extension of fundamental rights to ordinary business corporations. The justifications that have been offered -- corporate rights are merely a "pass through" to recognize the rights of the people who make up the corporation or corporate speech is protected for its value to the public -- are demonstrably inadequate. I argue that focusing on personhood suggests that not all corporations are equally good candidates to receive fundamental rights protection and because words have a powerful influence on our thinking, the personhood metaphor lends superficial credence to the notion that distinctions between types of corporate speakers is somehow invidious or that distinctions between commercial and non-commercial speech are discriminatory. Because this argument casts a constitutional shadow on a great deal of our regulatory law it seems worth exposing its weak foundation.
Download or read book Corporate Citizen written by Ciara Torres-Spelliscy and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over time, corporations have engaged in an aggressive campaign to dramatically enlarge their political and commercial speech and religious rights through strategic litigation and extensive lobbying. At the same time, many large firms have sought to limit their social responsibilities. For the most part, courts have willingly followed corporations down this path. But interestingly, corporations are meeting resistance from many quarters including from customers, investors, and lawmakers. Corporate Citizen? explores this resistance and offers reforms to support these new understandings of the corporation in contemporary society.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Human Rights after Corporate Personhood written by Jody Greene and published by University of Toronto Press. This book was released on 2020-11-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights after Corporate Personhood offers a rich overview of current debates, and seeks to transcend the "outrage response" often found in public discourse and corporate legal theory. Through original and innovative analyses, the volume offers an alternative account of corporate juridical personality and its relation to the human, one that departs from accounts offered by public law. In addition, it explores opportunities for the application of legal personality to assist progressive projects, including, but not limited to, environmental justice, animal rights, and Indigenous land claims. Presented accessibly for the benefit of non-specialist readers, the volume offers original arguments and draws on eclectic sources, from law and poetry to fiction and film. At the same time, it is firmly grounded in legal scholarship and, thus, serves as an essential reference for scholars, students, lawmakers, and anyone seeking a better understanding of the interface between corporations and the law in the twenty-first century.
Download or read book Corporate Personhood written by Susanna Kim Ripken and published by Cambridge University Press. This book was released on 2019-08-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.
Download or read book Unequal Protection written by Thom Hartmann and published by ReadHowYouWant.com. This book was released on 2011-04 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unequal Protection details the deeply destructive results. Corporations now enjoy extraordinary priveleges that make them virtually independent kingdoms. This new feudalism is not what our founders intended. Hartmann proposes specific legal remedies that could truly save the world from political, economic, and ecological disaster. It's time for we, the people to take back our lives. With huge corporations now benefiting from massive taxpayer-funded bailouts, Hartmann's hard-hitting critique of corporate personhood is more timely than ever. This new edition has been thoroughly updated and features Hartmann's analysis of two recent critical Supreme Court corporate speech cases.
Download or read book Modernism and the Meaning of Corporate Persons written by Lisa Siraganian and published by Oxford University Press. This book was released on 2020-11-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.
Download or read book Business Persons written by Eric W. Orts and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains how the legal ideas allow for the construction and recognition of business firms as persons having rights and responsibilities. It also shows how law sets the boundariesof firms. Specific applications include contributions to debates about executive compensation and political free-speech rights of corporations. Anyone who wishes to have a deeper understanding of thenature of business firms and their role in modern society will benefit from reading this book.
Download or read book Unequal Protection written by Thom Hartmann and published by Berrett-Koehler Publishers. This book was released on 2010-06-07 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: “This is a seminal work, a godsend really, a clear message to every citizen about the need to reform our country, laws, and companies.” —Paul Hawken, New York Times-bestselling author NEW EDITION, REVISED AND UPDATED Unequal taxes, unequal accountability for crime, unequal influence, unequal control of the media, unequal access to natural resources—corporations have gained these privileges and more by exploiting their legal status as persons. How did something so illogical and unjust become the law of the land? Americans have been struggling with the role of corporations since before the birth of the republic. As Thom Hartmann shows, the Boston Tea Party was actually a protest against the British East India Company—the first modern corporation. Unequal Protection tells the astonishing story of how, after decades of sensible limits on corporate power, an offhand, off-the-record comment by a Supreme Court justice led to the Fourteenth Amendment—originally passed to grant basic rights to freed slaves—becoming the justification for granting corporations the same rights as human beings. And Hartmann proposes specific legal remedies that will finally put an end to the bizarre farce of corporate personhood. This new edition has been thoroughly updated and features Hartmann’s analysis of two recent Supreme Court cases, including Citizens United v. Federal Election Commission, which tossed out corporate campaign finance limits. “If you wonder why and when giant corporations got the power to reign supreme over us, here’s the story.” —Jim Hightower, national radio commentator and New York Times-bestselling author “Tell[s] the grand story of corporate corruption and its consequences for society with the force and readability of a great novel. ”—David C. Korten, bestselling author of When Corporations Rule the World
